The Soh Jaipil Circle on Contemporary Korean Affairs: John Merrill, “The Jeju 4.3 Incident, Korea’s ‘Dark History,’ and Its Implications for North Korea Policy.”

GWIKS hosted a Soh Jaipil Circle event on February 14th, 2019 with John Merrill, the former chief of the Northeast Asia Division in the State Department’s Bureau of Intelligence and Research, on “The Jeju 4.3 Incident, Korea’s ‘Dark History,’ and Its Implications for North Korea Policy.” Moderated by Professor Celeste Arrington, Dr. Merrill began by explaining that what he refers to as the “Dark History” of Korea is so because the South Korean government has deliberately buried it. He explained that post-World War II history of Korea has been corrupted by series of authoritarian South Korean governments and only recently has it begun to be corrected. Dr. Merrill then pointed out that the tone of U.S. media coverage on current issues between U.S. and North Korea is filled with cynicism and bad analysis, and lacks self-awareness. He criticized that most of the commentators on the Korean issue are not keeping track of their own predictions. He then mentioned a Chosun Ilbo story from a few days before on South Korean legislatives’ meeting with the Speaker of the House, Nancy Pelosi. In particular, he pointed out Pelosi’s comment, “Well, I visited North Korea once before twenty years ago,” explaining that it exemplifies the misfortunate shallowness of many commentaries in seeing North Korea as ‘the land that time forgot.’ While everything in Korean Politics is changing rapidly, no one seems to be keeping track.

He then shared his personal experience with the dark history. When he first joined the State Department in the spring of 1987, he was on the Korean government’s blacklist as a banned author. Although he was soon removed from the blacklist, he had faced difficulties in performing his duties to interface with South Korean agencies, foreign ministry and the National Intelligence Service. Dr. Merrill explained that President Donald Trump lacks deep understanding of Modern Korean history and is totally disconnected from Washington establishment of Korean Watchers. His approach towards North Korea is quite different from that of U.S. media and commentators. It is based on feel, empathy, and schmoozing. Apparently, the schmoozing technique is working effectively with Kim Jong-un, particularly after being demonized for so long.

The manhwa, or comic strip, Dr. Merrill presented depicted the Monggumpo Operation of August 1949. In 1949, the South Korean navy launched a sneak attack on the North Korean fleet, the West Coast headquarter at Mongumpo on the personal orders of President Syngman Rhee, cutting out the entire U.S. military chain of command. The operation had been concealed because it suggests that South Korea was perhaps partially responsible for the outbreak of the Korean War, until President Lee Myung-bak revealed it to send a warning to North Korea. Dr. Merrill then proceeded to explain another hidden incident in South Korean history, the Jeju Uprising. An estimate of 30 thousand people who opposed separate election under U.S. occupation of South Korea. The police and military forces killed large number of the residents of the Jeju Island who protested and rioted in multiple occasions.

Dr. Merrill concluded the lecture by pointing out that the nuclear weapon issue on the Korean Peninsula is an action-reaction dynamic, initiated by the U.S. deploying nuclear weapons in South Korea. In order to resolve conflicts, we must take alternative methods than simply pointing fingers and blaming each other. He explained that North Korea is the way it is now because the U.S. helped create the deeply traumatized state through deterrence and threat.

The Soh Jai Pil Circle on Contemporary Korean Affairs: David Kang, “North Korea in 2019: More of the Same, or a Historic Opportunity?”

On January 23rd, 2019, GWIKS invited Professor David Kang, director of the USC Korean Studies Institute and Maria Crutcher Professor of International Relations at the University of Southern California, to lecture on “North Korea in 2019: More of the same, or a historic opportunity?”. Moderated by Professor Celeste Arrington, David Kang began by claiming that deterrence has been and still is a successful tactic for North Korea. North Korea and the U.S. had repeatedly threatened and provoked each other, and boasted its military capabilities. Professor Kang argued that the situations have changed and that there is a substantial opportunity for a game changer, despite the conventional American view on North Korea –skepticism.

Dr. Kang claimed that North Korea’s recent actions are not spontaneous responses to sanctions and Trump’s threats, but rather a long-term strategy that North Korea had put in place. He presented Kim Jong-un’s New Year speech from 2017 that announced Kim’s commitments to provide for his people and prepare for ICBM and nuclear weapon. During Kim’s New Year speech a year later in 2018, Kim proclaimed that North Korea has achieved its long desired goal of “perfecting the national nuclear forces” through 59 missile and nuclear tests conducted in 2017. Dr. Kang explained that North Korea had been evidently planning such tactic for years. Previously North Korea’s strategy was “stop us before we g,” but in 2017, North Korea have presented that it has the capacity and potential for nuclear warfare. Along with North Korea’s long-prepared entry to the Olympics, North Korea’s tactics had opened the door for negotiation.

Dr. Kang then proceeded to discuss South Korea’s strategy by presenting a Gallup poll. The poll revealed that the majority of South Koreans and the Americans desired to solve North Korean nuclear problems through means of diplomacy, rather than military confrontation. South Korean President, Moon Jae-in’s policy agrees well with the demand of the public, as he has a progressive left-wing political orientation. Progressive South Korean presidents have historically attempted to rebuild and normalize relations with North Korea and Moon eventually engaged in multiple Inter-Korean summits with Kim Jong-un. Dr. Kang explained that South Korean policies toward North Korea include fundamentally stabilizing the DMZ in order to end the aggression between the two Koreas.

Dr. Kang claimed that the possibility of North Korea denuclearizing before any negotiations is slim to none, despite the motives of the U.S. However, North Korea had made small-scale progresses over the past year, such as ceasing nuclear tests for fourteen months, dismantling nuclear test sites, releasing arrested American citizens, and stopping many Anti-American propaganda. Dr. Kang claimed that it is crucial for the U.S. to take action and make progress with North Korea instead of remaining highly skeptical. He concluded the lecture by arguing that North Korea is not a problem to be solved. It is crucial to view it as a real country without deeply held and contradicting stereotypes about North Korea: North Koreans are brainwashed and that North Koreans desperately desire freedom. Americans often overlook the fact that North Koreans are people with powerful nationalist ideology.

event tile with image of a memorial monument statue

[February 14, 2019] “The Jeju 4.3 Incident, Korea’s ‘Dark History,’ and Its Implications for North Korea Policy”

The Soh Jaipil Circle on Contemporary Korean Affairs:

“The Jeju 4.3 Incident, Korea’s ‘Dark History,’
and Its Implications for North Korea Policy”

 

Speaker: John Merrill, Non-Resident Visiting Scholar, GW Institute for Korean Studies
Moderator: Celeste Arrington, Korea Foundation Assistant Professor of Political Science and International Affairs, George Washington University

 

Date & Time
Thursday, February 14, 2019
1:30 pm – 3:30 pm

 

Venue
Elliott School of International Affairs Room 505,
The George Washington University
1957 E St. NW, Washington, DC 20052

 


Event Description
Korea’s “Dark History” continues to slowly come to light. One occasion was last year’s 70th anniversary of the Jeju uprising, in which 30,000 people were killed—the vast majority by government forces. American advisors were present throughout and helped to direct many operations. Other recent revelations include the ROK navy’s Pearl Harbor-style raid on the North’s west coast fleet in August 1949 that destroyed a large part of the DPRK’s navy. One aspect of the raid that remains to be explored is how it may have influenced Stalin’s decision to support the June 1950 invasion. Rhee’s executions after the war broke out of 100,000-plus jailed communists and suspected sympathizers is another chapter in this hidden history. Likewise, ignored in most discussions of the North Korean nuclear issue is the impact of US massive bombing of North Korean cities during the war, subsequent nuclear threats, and the deployment of 950 U.S. tactical nuclear weapons in South Korea through the 1960s. This hidden, forgotten, and distorted history has greatly influenced Washington’s traditional “crime and punishment” approach to dealing with North Korea. In the last few years, Presidents Moon and Trump have wisely broken with this traditional approach and switched to “smile diplomacy”—which, despite a chorus of nay-sayers, promises to produce far better results.

 

John Merrill

John Merrill is the former chief of the Northeast Asia Division in the State Department’s Bureau of Intelligence and Research. Merrill has taught at the Foreign Service Institute, Johns Hopkins School of Advanced International Studies, Georgetown University, the George Washington University, and Lafayette College. For many years, he chaired seminars on North Korean Foreign Policy for mid-career Intelligence Community analysts/managers. Merrill is the author of Korea: The Peninsular Origins of the War and The Cheju-do Rebellion (in Japanese). His most recent pieces include “Inside the White House: The Future of US-DPRK Policy,” Korea Observer, Winter 2016 and op-eds for Nikkei Asian Review. Merrill has a Ph.D. from the University of Delaware, an M.A. from Harvard University, and a B.A. from Boston University.

 

Celeste Arrington

Celeste Arrington is Korea Foundation Assistant Professor of Political Science and International Affairs at GW. She specializes in comparative politics, with a regional focus on the Koreas and Japan. Her research and teaching focus on law and social movements, the media, lawyers, policy processes, historical justice, North Korean human rights, and qualitative methods. She is also interested in0 the international relations and security of Northeast Asia and transnational activism. She is the author of Accidental Activists: Victims and Government Accountability in South Korea and Japan (2016) and has published in Comparative Political Studies, Law & Society Review, Journal of East Asian Studies, Pacific Affairs, Asian Survey, and the Washington Post, among others. She received a Ph.D. from the University of California, Berkeley, an MPhil from the University of Cambridge, and an A.B. from Princeton University. She is currently writing a book that analyzes the role of lawyers and legal activism in Japanese and Korean policies related to persons with disabilities and tobacco control.

 

This event is on the record and open to the media.

Soh Jaipil Circle: “Providing Humanitarian Aid in North Korea and Other Authoritarian Settings.”

GWIKS hosted a Lecture Series on November 29th, 2018 with Christy Gavitt, a global health consultant, on “Providing Humanitarian Aid in North Korea and Other Authoritarian Settings.” Christy Gavitt had worked for Peace Corps, Private Voluntary Organization Consortium for North Korea (PVOC), and had visited both North and South Korea multiple times throughout her career. Moderated by Professor Gregg Brazinsky, Christy Gavitt shared with the audience her knowledge about the obstacles in making sure the humanitarian aid reaches those in need.

As a solution to tackle the obstacles previously mentioned, Gavitt suggested that aid organizations physically get in contact with the subjects of aid and get in-depth experience of the country. During 1998 and 1999, Gavitt had visited North Korea on a humanitarian aid project organized by five U.S. private non-profit relief and development organizations. The objective of the project was to support agricultural rehabilitation & reconstruction via food-for-work repairs of flood-damaged river and reservoir embankments in five provinces of North Korea.

Unemployed rural/peri-urban adult industrial/factory workers in four provinces received tasks to repair embankments in exchange of U.S. maize. Gavitt and her team visited the sites, monitored the workers, and evaluated the process and quality of the project. During her observation, she had discovered that there are far more workers than registered, small monitoring staff, and rigid restrictions on site visiting.

Gavitt then proceeded to discuss the famine crisis in North Korea. She explained that some of the causes of the longstanding famine are: lack of fuel to run equipment, lift irrigation systems, and factories, as well as decreased subsidies from China and Russia, on top of natural calamities. The harsh situation forced people of Pyongyang to leave for rural areas to grow their own food and large percentage the population to survive on mixture of amaranth plant, maize powder, grasses and herbs. Gavitt points out the consequential malnutrition and high mortality rates. The greatest challenge is that the North Korean government wants as little foreign involvement as possible and places stringent control on outsiders. This policy had caused some NGOs to pull out from North Korea because they felt that there were too much control over their movements and freedom. The NGOs that did remain focused on technically-oriented projects, limited media, and had built favorable relationship with the central and local authorities. Gavitt concluded the lecture by highlighting the significance of physical presence in authoritarian regions and building positive relationships.

Soh Jaipil Circle “Post Trump-Kim Summit: What is the Next Step?”

On September 11, 2018, GWIKS invited three experts in inter-Korean relations from South Korea for a talk regarding the next steps after the post Trump-Kim summit. At the start of the event Director Jisoo M. Kim of the GWIKS explained the background of the discussion and introduced Professor Immanuel Kim. Immanuel Kim served as a facilitator for the event and introduced the three panelists.

“North Korea Issue: Three-Level Games”

Dr. Sanghyun Lee, Senior Researcher of Sejong Institute, evaluated the summit in a perspective of what each country expected from the denuclearization agreement and stressed the importance of a complete denuclearization of North Korea. There was not much evidence of Kim giving up the nuclear weapons. Dr. Sanghyun Lee analyzed three reasons that made Kim join the negotiation table: confidence, fear, and mediation. Kim was confident of DPRK’s completion of national nuclear forces but unpredictable US policy by Trump made him concerned. The mediation by Moon and/or Xi also effectively played a role for him to come out and talk. However, the deep distrust of the US and further demand of North Korea were reconfirmed after the summit. The future would be composed of three dimensions; Inter-Korean Dimension, DPRK-US Dimension, and DPRK-International community dimension. The progress in each dimension should proceed concurrently for a successful global nuclear nonproliferation strategy.

“The Fate of Nuclear Weapons in North Korea”

Professor Yong-sup Han, Former Vice President of Korea National Defense University, emphasized the timeline of the North Korean nuclear program during ensuing generations of the Kim and compared the Singapore summit with previous North Korea denuclearization discussions in history. Defining denuclearization and using the right wording would have an impact on an effective negotiation with North Korea. “Verifiable dismantlement” should be used instead of denuclearization. He asserted that the US should lead in organizing verification teams, together with concerned countries and IAEA (International Atomic Energy Agency). He also emphasized that the DPRK-US meeting should be held in Washington D.C. instead of Pyongyang to effectively push the US’s agenda.

“A Paradigm Shift: Reverse-Kissinger Strategy”

Professor Youngjun Kim, from Korea National Defense University, proposed his interpretation of the two parties’ motivation for the summit. Kim’s motivation was to obtain domestic political support for his long-term regime and to become more independent from China. On the other hand, Trump was seeking to contain China by using North Korea. In that way, the US could expand its influence over South East Asia and Korea so that it can have a gray zone against China.

black square tile with text: North Korean Human Rights - Activists and Networks edited by Andrew Yeo and Danielle Chubb

[September 12, 2018] Book Talk: “North Korean Human Rights and Transnational Advocacy”

Soh Jaipil Circle on Contemporary Korean Affairs

Book talk:
“North Korean Human Rights and Transnational Advocacy”

North Korean Human Rights

Speakers:

Andrew Yeo
Associate Professor, Department of Politics, Catholic University of America

Celeste Arrington
Korea Foundation Assistant Professor, Department of Political Science, The George Washington University

Discussant:
Greg Scarlatoiu
Executive Director of the Committee for Human Rights in North Korea

Wednesday, September 12, 2018
11:00 am – 12:30 pm

Lindner Family Commons
The George Washington University
1957 E Street, Room 602 NW, Washington, DC 20052

 

Event Description

The evidentiary weight of North Korean defectors’ testimony depicting crimes against humanity has drawn considerable attention from the international community in recent years. Despite the ramped up attention to North Korean human rights, what remains unexamined is the rise of the transnational advocacy network which drew attention to the issue in the first place. In a recent book edited by Andrew Yeo and Danielle Chubb, North Korean Human Rights: Activists and Networks (Cambridge University Press 2018), a team of scholars trace the emergence and evolution of North Korean human rights activism and challenge existing conceptions of transnational advocacy, how they operate, and why they provoke a response from even the most recalcitrant regimes. In this event, two contributors to the book and a leading figure in the North Korean human rights campaign share insights into the politics, strategy, and policy objectives of North Korean human rights activism in both domestic and transnational contexts.

About Andrew Yeo

Andrew Yeo is Associate Professor of Politics and Director of Asian Studies at The Catholic University of America in Washington DC. He is the co-editor (with Danielle Chubb) of the newly published North Korean Human Rights: Activists and Networks (Cambridge University Press 2018). He is also the author or editor of Asia’s Regional Architecture: Alliances and Institutions in the Pacific Century (Stanford University Press, forthcoming 2019); Activists, Alliances, and Anti-U.S. Base Protests (Cambridge University Press 2011); and Living in an Age of Mistrust (Routledge Press 2017). His research and teaching interests include international relations theory, East Asian regionalism, social and transnational movements, overseas basing strategy and U.S. force posture, Korean politics, and North Korea. His scholarly publications have appeared in International Studies Quarterly, European Journal of International Relations, Perspectives on Politics, Comparative Politics, Journal of East Asian Studies, and International Relations of the Asia-Pacific among others. He has also contributed pieces or provided commentary for MSNBC, Channel News Asia, CBS Radio, Voice of America, the Wall Street Journal, the Washington Post, New York Times Magazine, Al Jazeera, and the Korea Times. He is on the advisory boards of the U.S.-Korea NextGen Scholars Program and the Korea-America Student Conference (KASC). He received his Ph.D. in Government from Cornell University, and B.A. in Psychology and International Studies from Northwestern University.

About Celeste Arrington

Celeste L. Arrington is Korea Foundation Assistant Professor of Political Science and International Affairs at the George Washington University. She specializes in comparative politics, with a regional focus on the Koreas and Japan. Her research and teaching focus on law and social movements, the politics of redress, the media, litigation, lawyers, policy-making processes, historical justice, North Korean human rights, and qualitative methods. She is also interested in the international relations and security of Northeast Asia and transnational activism. She is the author of Accidental Activists: Victims and Government Accountability in South Korea and Japan (2016) and has published in the Comparative Political Studies, Law & Society Review, Journal of East Asian Studies, Pacific Affairs, Asian Survey, and the Washington Post, among others. She received a Ph.D. from the University of California, Berkeley, an MPhil from the University of Cambridge, and an A.B. from Princeton University. She is currently writing a book that analyzes the role of lawyers and legal activism in Japanese and Korean policies related to persons with disabilities and tobacco control.

About Greg Scarlatoiu

Greg Scarlatoiu is the Executive Director of the Committee for Human Rights in North Korea (HRNK). He is a visiting professor at Hankuk University of Foreign Studies and instructor and coordinator of the Korean Peninsula and Japan class at the U.S. State Department’s Foreign Service Institute (FSI).  Scarlatoiu is vice president of the International Council on Korean Studies (ICKS). Scarlatoiu holds a Master of Arts in Law and Diplomacy from the Fletcher School, Tufts University, and a Master of Arts and Bachelor of Arts from Seoul National University’s Department of International Relations. He completed the MIT XXI Seminar for U.S. national security leaders in 2016-2017. Scarlatoiu was awarded the title ‘Citizen of Honor, City of Seoul,’ in January 1999.

[September 11, 2018] Panel Talk “Post Trump-Kim Summit: What is the next step?”

Soh Jaipil Circle:

Panel Talk
“Post Trump-Kim Summit: What is the next step?”

“North Korea Issue: Three-Level Games”
Dr. Sanghyun Lee
Senior Researcher, Sejong Institute; President, Korea Nuclear Policy Society

“The Fate of Nuclear Weapons in North Korea”
Professor Yong-sup Han
Former Vice President, Korea National Defense University; Former President, Korea Nuclear Policy Society

“A Paradigm Shift: Reverse-Kissinger Strategy”
Professor Youngjun Kim
Professor, Korea National Defense University; Research Director, Korea Nuclear Policy Society

Moderated by
Professor Immanuel Kim
The George Washington University

Tuesday, September 11, 2018
2:00 pm – 4:00 pm

Lindner Family Commons
The George Washington University
1957 E St. NW, Room 602, Washington, DC 20052

About Sanghun Lee
Dr. Sanghyun Lee is a senior researcher of the Sejong Institute, a leading Think Tank in the Republic of Korea. He served as Director-General for Policy Planning at the Ministry of Foreign Affairs. He is the President of the Korea Nuclear Policy Society.

About Yong-sup Han
Professor Yong-sup Han is a former Vice President of the Korea National Defense University and a former director of the Research Institute of National Security Affairs. He was the former President of the Korea Nuclear Policy Society and served as a main negotiator to North Korea for arms control for many years.

About Youngjun Kim
Professor Youngjun Kim of the Korea National Defense University is the author of Origins of the North Korean Garrison State: People’s Army and the Korean War published by Routledge in 2017. He is a member of Commanders’ Strategic Shaping Board (CSSB) for the ROK-US Combined Forces Commander and a research director of the Korea Nuclear Policy Society.

About Immanuel Kim
Immanuel Kim is Korea Foundation and Kim-Renaud Associate Professor of Korean Literature and Culture Studies. Prior to working at the George Washington University, he was Assistant Professor in the Department of Asian and Asian American Studies at Binghamton University (SUNY). Dr. Kim received his Ph.D. from the University of California, Riverside. He is an authority on North Korean literature and film and is the author of a recent book on North Korean literature, Rewriting Revolution: Women, Sexuality, and Memory in North Korean Fiction (University of Hawaii Press, 2018).

portrait of Cho Hyun in professional attire

[July 25, 2018] Soh Jaipil Circle: Cho Hyun, The 2nd Vice Minister of Foreign Affairs, Republic of Korea

Soh Jaipil Circle on Contemporary Korean Affairs with the 2nd Vice Foreign Minister Cho Hyun

Co-sponsored by the Embassy of the Republic of Korea, Washington D.C.

Future of the Korea-US Alliance : Creating Peace on the Korean Peninsula and Northeast Asia

Cho Hyun
The 2nd Vice Foreign Minister, Ministry of Foreign Affairs, Republic of Korea

Biography of Cho Hyun
Cho Hyun joined the Ministry of Foreign Affairs (MOFA) of the Republic of Korea in 1979. Prior to his current position as the 2nd Vice Minister to MOFA, he was Ambassador Extraordinary and Plenipotentiary to both the Republic of India and the Republic of Austria. With the Ministry of Foreign Affairs and Trade (MOFAT), he served as Deputy Minister for Multilateral and Global Affairs, Ambassador for Energy and Resources, Director-General for International Economic Affairs Bureau, and Deputy Director-General for Multilateral Trade Bureau. In 2006, he served as Deputy Permanent Representative for the Korean Permanent Mission to the UN and in 1999 he worked at the Organization for Economic Cooperation and Development (OECD) in France. He also worked as a Secretary in various offices: Senior Assistant Secretary at the Office of the President, First Secretary at the Korean Embassy in the US, Second Secretary at the Korean Embassy in the Republic of Senegal, Second Secretary at the Korean Embassy in the Central African Republic, and Second Secretary at the Korean Embassy in the Kingdom of Belgium. Cho Hyun received his Ph.D. in International Politics from the University of Toulouse in France, his M.A. in International Relations from both the School of Political Science in France and Columbia University in the U.S., and his B.A. in Political Science and Diplomacy from Yonsei University in South Korea.

Wednesday, July 25, 2018
3:00 PM – 4:30 PM

Room B12, Elliott School of International Affairs,
The George Washington University
1957 E St. NW, Room B12, Washington, DC 20052

 

Opening Remarks By Edward W. Gnehm Jr.

Edward W. Gnehm Jr. is Vice Dean of Elliott School of International Affairs, Kuwait Professor of Gulf and Arabian Peninsula Affairs, and Director of Middle East Policy Forum. Ambassador Gnehm joined the faculty of the Elliott School of International Affairs at The George Washington University in August 2004 as the J.B. and Maurice C. Shapiro Visiting Professor of International Affairs. He was appointed to his present position as Kuwait Professor of Gulf and Arabian Peninsula Affairs in August 2006. He is also Director of the Middle East Policy Forum. Prior to coming to the Elliott School, Ambassador Gnehm had a distinguished 36-year career in the United States Foreign Service. He was a member of the Senior Foreign Service and held the rank of Career Minister.

Moderated By Gregg A. Brazinsky

Gregg A. Brazinsky is Professor of History and International Affairs and Deputy Director of GW Institute for Korean Studies. His research seeks to understand the diverse and multi-faceted interactions among East Asian states and between Asia and the United States. He is the author of Nation Building in South Korea: Koreans, Americans, and the Making of a Democracy (University of North Carolina Press, 2007) and Winning the Third World: Sino-American Rivalry during the Cold War (University of North Carolina Press, 2017). He served as Interim Director of the GW Institute for Korean Studies during the Spring 2017 semester.

 

The Soh Jaipil Circle is named after the famous champion of Korean independence who earned a medical degree at GW. The circle will bring together people from the academic and think tank communities for serious and engaged conversations of Korea issues.

Joonho Kim’s “Economic Engagement with North Korea – Opportunities and Challenges”

On April 27, GWIKS Soh Jaipil Circle invited Dr. Joongho Kim to deliver his presentation “Economic Engagement with North Korea – Opportunities and Challenges”. Dr. Kim is a current Visiting Scholar at GW Institute for Korean Studies and previously worked as a senior research fellow at the Research Institute for North Korea and Northeast Asia Development at the Export-Import Bank of Korea. In his presentation, Dr. Joongho Kim covered a wide range of topics including the political nature of North Korean economy, its shortcomings, economic changes under the Kim Jong Un regime and its potential for economic growth. Furthermore, Dr. Kim’s talk emphasized the need to understand both the political and business factors that affect the economy of North Korea, and stressed the importance of assisting North Korea in maximizing its potential for economic development.  In addition, Dr. Kim pointed out several key tasks we must undertake to stimulate the future international investment and engagement in the North Korean economy. Firstly, we must anticipate signs of North Korea’s transitions and, secondly, properly evaluate inter-Korean economic cooperation. The presentation ended with a Q&A sessions where many of the questions asked by the audience related to Dr. Kim’s thoughts on which nation-state actor would be the most likely to actively seek out a participating role in the growth of North Korea’s economy.

 

Written by Soo-Jin Kweon

Soh Jaipil Sixth Talk: Angela Kim

On April 11, 2018, GWIKS hosted the Sixth Soh Jaipil Circle featuring Ms. Angela Kim, who gave her presentation titled, “International Legal Issues for a Unified Korea: Protection of Third Party Rights Under Pre-Existing Bilateral Treaties.” Ms. Kim is currently a Visiting Scholar at GWIKS and a PhD candidate in Law at the Chinese University of Hong Kong. She received her LLM from the George Washington University in 2015 and her Bachelor of Law from Handong Global University in 2014.

In her presentation, Ms. Kim discussed international law rules on bilateral treaty interpretation and state succession as related to a hypothetical future scenario of a unified Korea. Firstly, she spoke in depth about the law of state succession and highlighted 3 different waves of succession that occurred in recent history: (1) the era of decolonization (1950-74); (2) the era of de-sovietization (1990-96); and (3) various cases in the 21st century (e.g. South Sudan and Kosovo). Succession of states can be either partial or universal, with partial succession encompassing secession, cession, and the creation of newly independent states, and universal succession entailing dissolution and unification. For the Korean case, Ms. Kim specifically highlighted unification as the type of state succession, which can be further divided into (1) the merger of South and North Korea into an entirely new state; and (2) the incorporation of one into the other.

Secondly, Ms. Kim spoke about the legal foundation and the sources of international law, specifically highlighting Article 38(1) of the Statute of the International Court of Justice, which denotes (1) conventions, (2) customs, (3) general principles of law present in many states, and (4) judicial teachings as the underlying foundation of international law.

Thirdly, she delved into how all of this applies to the Korean context. As remains customary for all successions, in the case of a unified Korea, any bilateral treaties that were signed with the DPRK or ROK regarding borders would remain unaffected for third parties. Additionally, treaties of a localized nature that deal with the use of territory (e.g. such as rights to fisheries) would similarly remain unaffected. Other treaties such as political or bilateral investment treaties would be evaluated on a case-by-case basis.

Were unification to occur, it would most likely be the incorporation of the North into the South’s existing legal personality. Ms. Kim noted the German case as a precedent of incorporation that could be followed; furthermore, she detailed three general principles of law that would enable the protection of third party rights under pre-existing bilateral treaties with either of the two Koreas. The first was pacta sunt servanda, which stands as a basic principle necessitating that agreements be kept. Existing agreements are based on good faith and are in force, and a unified Korea could not unilaterally terminate these treaties. The second was rebus sic stantibus, or “things thus standing,” whereby unification itself could not be considered a fundamental change in circumstance that justifies unified Korea’s unilateral termination of or withdrawal from a pre-existing treaty. Lastly, the third principle Ms. Kim noted was pacta tertiis, which means that “agreements do not harm third parties.” For any pre-existing treaty to be nullified, unified Korea would have to obtain the consent of the respective third parties.

Ms. Kim concluded her presentation with a reiteration of her research findings and how these findings directly apply to the future of existing bilateral treaties with the two Koreas. Attendees had an opportunity to ask questions, provide feedback, and engage on a deeper level regarding her topic of interest.

 

Written by Bomie Lee