뉴스레터

On June 8, 2012, the Foundation for the Development of International Law in Asia (DILA) hosted the 2012 DILA International Conference on "The Role of International Law in Promoting Cooperation and Resolving Conflicts in Asia" in the Center for International Law (CIL) at the National University of Singapore (NUS). The DILA Foundation is an organization established with the mission of promoting cooperation and resolving conflicts in Asia through academic exchanges among scholars of international law and studies of the practice and interpretation of international law in the region. The mission of the DILA Foundation is also reflected in the title of this year's international conference.

Co-organized by the Northeast Asian History Foundation, the Korea Maritime Institute, and the CIL at the NUS, this year's DILA International Conference was a resounding success, attended by about 30 renowned scholars and experts in related fields from a total of eight countries: Korea, China, Singapore, India, Bangladesh, Thailand, Sri Lanka, and Indonesia.

Discussions of International Law Approaches to Promoting Cooperation and Resolving Conflicts in Asia

The conference program consisted of three sessions by region (Northeast Asia, Southeast Asia, and South Asia) for presentation and discussion of international law issues in the relevant regions, plus one session for general discussion of a variety of international law approaches to promoting cooperation and resolving conflicts in Asia.

A total of nine papers presented under the grand theme "The Role of International Law in Promoting Cooperation and Resolving Conflicts in Asia" show the contemporary issues in international law faced by the Asian countries in the 21st century.

In Session 1, the following papers were presented to examine international law issues in Northeast Asia: "The Legal Assessment of the Illegal Fishing Activities of Chinese Fishing Vessels"(LEE Seokwoo, Professor at Inha University); "The Role of International Law in Resolving Conflict between the Republic of Korea and Democratic People's Republic of Korea"(LEE Hee Eun, Professor at Handong University); "Post-war Japanese Compensation in East Asia from the Viewpoint of Historical Truth and International Law"(the author); and "Effect of Legal Issues, Actual or Implicit, upon the Work of the CLCS: Suspensive or without Prejudice?"(Bing Bing JIA, Professor at Tsinghua University).

In Session 2, the following papers were presented to examine international law issues in Southeast Asia: "International Law as Political Instrument: The Experience of Indonesia"(Hikmahanto JUWANA, Professor at Universitas Indonesia); "Thailand's Measures to Combat Terrorism"(Kitti JAYANGAKULA, Eastern Asia University, Thailand); and "Internal and External Conflict Resolution: A Comparison between Aceh and the South China Sea"(Hasjim DJALAL, former Indonesian Ambassador).

In Session 3, the following papers were presented to examine international law issues in South Asia: "Judicial Activism in Implementing CRC in Protecting Children's Rights"(Sumaiya KHAIR, Professor at the University of Dhaka); and "International Best Practices in the Area of Post Conflict/Transitional Justice and Relating Those to the Reconciliation Initiatives Underway in Sri Lanka"(Dr. Mario GOMEZ, Law Commission of Sri Lanka).

The Results of Studies on Post-War Settlement Announced on the Occasion of the 60th Anniversary of the Effectuation of the Peace Treaty with Japan

In Session 1, research fellows at the NAHF, a research institution specialized in Northeast Asian history, presented the paper titled 'Post-war Japanese Compensation in East Asia from the Viewpoint of Historical Truth and International Law,' announcing the results of studies on post-war settlement, conducted on the occasion of the 60th anniversary of the effectuation of the Peace Treaty with Japan.

Specifically, I noted that the shift in the nature of the 1951 Peace Treaty with Japan, now in its 60th year after effectuation, from a treaty for post-war compensation to a treaty for establishing the Cold War regime, though it resulted, in part, in facilitating the economic growth of the victim countries of East Asia, was made with the purpose of turning those countries into markets for Japanese products under the Cold War order. I also pointed out the problems with the shift: not only the matter of compensation for individual victims had been put aside, but Korea, one of the victims of colonial rule, hadn't even been included in the list of signatories to the post-war compensation treaty.

In this connection, I cited some examples to illustrate the roles that international law could play in achieving historical justice as the foundation for building the East Asian Community for Peace, including the 2006 Draft Articles on Diplomatic Protection by the International Law Commission under the U.N., the "Joint Statement Declaring the Korea-Japan Treaty Null and Void" issued by Korean and Japanese intellectuals in 2010, and the decision of the Constitutional Court of Korea made in 2011 in relation to the issue of sexual slavery by Japan.

The scholars of international law from countries around Asia showed keen interest in my presentation. I feel that we need academic exchanges with the existing Western community of international law as well as more involvement of the NAHF in the DILA international conference as early as from the planning stage. As a research institution specializing in Northeast Asian history, the NAHF could start a virtuous cycle in which it provides detailed guidance for the DILA conference as the place for discussion of international law with focus on Asia, presents issues of its major interest, which, in turn, obtains understanding and support from the participating countries, which leads to the making of policy reflecting such issues.

The 2012 DILA international conference held under the title "The Role of International Law in Promoting Cooperation and Resolving Conflicts in Asia" served the scholars of international law from countries around Asia as a valuable opportunity to put their heads together to share and discuss the major issues of international law. I hope to see more vigorous involvement of the NAHF in the fields of international law related to historical issues that will lead to more constructive ways of promoting cooperation and exchange in Asia.