International Law in Northeast Asia
- LAST REVIEWED: 24 April 2019
- LAST MODIFIED: 24 April 2019
- DOI: 10.1093/obo/9780199796953-0180
- LAST REVIEWED: 24 April 2019
- LAST MODIFIED: 24 April 2019
- DOI: 10.1093/obo/9780199796953-0180
Introduction
The region of Northeast Asia, comprising mainly of China, Korea, and Japan, is not a neutral, static, or self-evident geographical region. The underlying commonality of geographic proximity, shared history, racial and ethno-linguistic heritage, religious and cultural traditions, and economic complementarity underpin the aggregation of these core countries of East Asia, which all belong to the northeastern landmass and islands bordering the Pacific Ocean, into the Northeast Asian subregion of Asia. The term, however, is purely descriptive in nature, and unity, especially in a region with a distinct and long history of disputes and conflicts, is merely aspirational. Northeast Asia is considered an important economic region of the world, a recognition of the economic success and further potential of the countries that comprise the region. There is growing acknowledgment of the influence and contribution of Northeast Asian countries in the development of international law, albeit mainly confined in participation in international organs. However, the notion of a distinct, cohesive, unified, and systematic notion of international law from a Northeast Asian perspective is at present untenable and not adequately supported by literature. In academic discourse, the nonexistence of formal regional institutions and governance structures, rules and normative behavior, shared values and norms, and collective identity all challenge the notion of regional perspective of international law in a strict sense. The corpus of literature on state practice, international and foreign relations, and other multifaceted aspects of international law among the states in Northeast Asia is vast. However, the nature, quality, breadth and depth of treatment, and scholarship of literature regarding international law in Northeast Asia especially in respect of each of the countries in the region vary enormously for each country. This work is by no means exhaustive and is merely intended to provide a scaffold of the existing literature. In particular, the focus of this work is principally on selected academic legal scholarship on crucial aspects of international law as practiced by China, Korea, and Japan. This work, in a deliberate effort to present a comprehensive picture, will essentially focus on broad and general issues of public international law. It intentionally excludes materials primarily on the domestic laws and policies of the specific countries as well as other cross-border issues that involve the countries but not specifically confined to the region (e.g., the South China Sea disputes that involve China and other claimant states outside of the region and cross-strait relations between China and Taiwan) and other more contemporary issues and challenges such as the rise of China and its geopolitical implications on the region and beyond.
General Overviews
There are a substantial number of monographs, edited books, and journal articles on international law in Northeast Asia, published in Asia or outside of the region, written in English. The relative scarcity of written works in English on various aspects of international law involving China, Korea, and Japan, mirror the de facto dominance of Western perspectives in the field of international law but does not truthfully reflect the immense expanse of relevant academic literature written in Chinese, Korean, and Japanese, which unless translated, remain inaccessible to the rest of the English-speaking world. There are reference works, mostly textbooks and monographs, which cover general aspects of public international law. These reference materials are used as textbooks at universities as introductory source books in international law in each of the countries. They are written by eminent, respected and recognized international lawyers, scholars, and jurists from each of the countries.
Users without a subscription are not able to see the full content on this page. Please subscribe or login.
How to Subscribe
Oxford Bibliographies Online is available by subscription and perpetual access to institutions. For more information or to contact an Oxford Sales Representative click here.
Article
- Act of State Doctrine
- Africa and Intellectual Property Rights for Plant Varietie...
- African Approaches to International Law
- African Commission on Human and Peoples' Rights and the Af...
- Africa’s International Intellectual Property Law Regimes
- Africa’s International Investment Law Regimes
- Agreements, Bilateral and Regional Trade
- Agreements, Multilateral Environmental
- Aliens
- Applicable Law in Investment Agreements
- Archipelagic States
- Arctic Region
- Armed Opposition Groups
- Aut Dedere Aut Judicare
- Balance of Power
- Bandung Conference, The
- Boundaries
- British Mandate of Palestine and International Law, The
- Children's Rights
- China, Judicial Application of International Law in
- China, Law of the Sea in
- Civil Service, International
- Civil-Military Relations
- Codification
- Cold War International Law
- Collective Security
- Command Responsibility
- Common Heritage of Mankind
- Complementarity Principle
- Compliance in International Law
- Conspiracy/Joint Criminal Enterprise
- Constitutional Law, International
- Consular Relations
- Contemporary Catholic Approaches
- Continental Shelf, Idea and Limits of the
- Cooperation in Criminal Matters, Cross-Border
- Countermeasures
- Courts, International
- Crimes against Humanity
- Criminal Law, International
- Cultural Rights
- Cyber Espionage
- Cyber Warfare
- Debt, Sovereign
- Decolonization in International Law
- Democracy
- Development Law, International
- Disarmament in International Law
- Discrimination
- Disputes, Peaceful Settlement of
- Drugs, International Regulation, and Criminal Liability
- Early 19th Century, 1789-1870
- Ecological Restoration and International Law
- Economic Law, International
- Effectiveness and Evolution in Treaty Interpretation
- Enforced Disappearances in International Law
- Enforcement of Human Rights
- Environmental Compliance Mechanisms
- Environmental Institutions, International
- Environmental Law, International
- Estoppel
- European Arrest Warrant
- Exclusive Economic Zone
- Extraterritorial Application of Human Rights Treaties
- Fascism and International Law
- Feminist Approaches to International Law
- Financial Law, International
- Forceful Intervention for Protection of Human Rights in Af...
- Foreign Investment
- Fragmentation
- Freedom of Expression
- French Revolution
- Gender and International Law, Theoretical and Methodologic...
- Gender and International Security
- General Customary Law
- General Principles of Law
- Genocide
- Georgia and International Law
- Grotius, Hugo
- Habeas Corpus
- Hijaz and International Law, The
- History of International Law, 1550–1700
- Hostilities, Direct Participation in
- Human Rights
- Human Rights and Regional Protection, Relativism and Unive...
- Human Rights, China's Practices in
- Human Rights, European Court of
- Human Rights, Foundations of
- Human Rights Law, History of
- Human Trafficking
- Hybrid International Criminal Tribunals
- Immunities
- Immunity, Sovereign
- in Latin America and the Caribbean, International Legal Pr...
- Indigenous Peoples
- Individual Criminal Responsibility
- Institutional Law
- Inter-American Commission on Human Rights (IACHR) and Inte...
- International and Non-International Armed Conflict, Detent...
- International Committee of the Red Cross
- International Community
- International Court of Justice
- International Criminal Court, The
- International Criminal Law, Complicity in
- International Criminal Tribunal for Rwanda (ICTR)
- International Criminal Tribunal for the Former Yugoslavia ...
- International Fisheries Law
- International Humanitarian Law
- International Humanitarian Law, China and
- International Humanitarian Law, Targeting in
- International Intellectual Property Law, China and
- International Investment Agreements, Fair and Equitable Tr...
- International Investment Arbitration
- International Investment Law, China and
- International Investment Law, Expropriation in
- International Law, Aggression in
- International Law, Amnesty and
- International Law and Economic Development
- International Law, Anthropology and
- International Law, Big Data and
- International Law, Climate Change and
- International Law, Derogations and Reservations in
- International Law, Dispute Settlement in
- International Law, Ecofeminism and
- International Law, Economic Analysis and
- International Law, Espionage in
- International Law, Hegemony in
- International Law in Cyberspace, China and
- International Law in Greek
- International Law in Italian
- International Law in Northeast Asia
- International Law in Portuguese
- International Law in Turkish
- International Law, Legitimacy in
- International Law, Marxist Approaches to
- International Law, Military Intervention in
- International Law, Money Laundering in
- International Law, Monism and Dualism in
- International Law, Peacekeeping in
- International Law, Proportionality in
- International Law, Reasonableness in
- International Law, Recognition in
- International Law, Self-Determination in
- International Law, State Responsibility in
- International Law, State Succession in
- International Law, the State in
- International Law, The Turkish-Greek Population Exchange a...
- International Law, the Turn to History in
- International Law, The United States and
- International Law, Trade and Development in
- International Law, Unequal Treaties in
- International Law, Use of Force in
- International Legal Personality
- International Regulation of the Internet
- International Relations Study in China, International Law ...
- International Rule of Law, An
- International Territorial Administration
- International Trade and Human Rights
- Intervention, Humanitarian
- Investment Protection Treaties
- Investor-State Conciliation and Mediation
- Iran and International Law
- Iraq War, Britain and the
- Islamic Cooperation, International Law and the Organizatio...
- Islamic International Law
- Islamic Law and Human Rights
- Islands
- Jerusalem
- Jurisdiction
- Jurisprudence (Judicial Law-Making)
- Jus Cogens
- Just War
- Landlocked Countries and the Law of the Sea
- Law of the Sea
- Law of Treaties, The
- Law-Making by Non-State Actors
- League of Nations, The
- Lebanon, Special Tribunal for
- Legal Pluralism
- Legal Status of Military Forces Abroad
- Liability for International Environmental Harm
- Liberation and Resistance Movements
- Mandates in International Law
- Maritime Delimitation
- Martens Clause
- Medieval International Law
- Mens Rea, International Crimes
- Middle East Boundaries and State Formation
- Migration
- Military Necessity
- Military Occupation
- Minorities
- Modes of Participation
- Most-Favored-Nation Clauses
- Multinational Corporations in International Law
- Nationality and Statelessness
- Natural Law
- Neutrality
- New Approaches to International Law
- New Haven School of International Law, The
- Non liquet
- Noninternational Armed Conflict (“Civil War”)
- Nonstate Actors
- Nuclear Non-Proliferation
- Nuremberg Trials
- Organizations, International
- Pacifism in International Law
- Palestine (and the Israel Question)
- Peace Treaties
- Piracy
- Political Science, International Law and
- Positivism
- Private Military and Security Companies
- Protection, Diplomatic
- Public Interest, Human Rights, and Foreign Investment
- Queering International Law
- Rational Choice Theory
- Recognition of Foreign Penal Judgments
- Refugee Law, China and
- Refugees
- Rendition, Extraterritorial Abduction, and Extraordinary R...
- Reparations
- Russian Approaches to International Law
- Sanctions, International
- Sanctions, International
- Secession
- Self-Defense
- Slavery
- Soft Law
- Space Law
- Spanish School of International Law (c. 16th and 17th Cent...
- Sports Law, International
- State of Necessity
- Superior Orders
- Taba Arbitration, The
- Teaching International Law
- Territorial Title
- Terrorism
- The 1948 Arab-Israeli Conflict and International Law
- The Ottoman Empire and International Law
- Theory, Critical International Legal
- Tibet
- Tokyo Trials, The
- Torture
- Transnational Constitutionalism, Africa and
- Transnational Corruption
- Treaty Interpretation
- Ukrainian Approaches
- UN Partition Plan for Palestine and International Law, The
- UN Security Council, Women and the
- Underwater Cultural Heritage
- Unilateral Acts
- United Nations and its Principal Organs, The
- Universal Jurisdiction
- Uti Possidetis Iuris
- Vatican and the Holy See
- Victims’ Rights, International Criminal Law, and Proceedin...
- War Crimes
- Watercourses, International
- Western Sahara
- World Trade Organization Law, China and