Construction of a Dispute-Resolution Framework Under the International Judicial System for the Settlement of the Inter-Korean Conflict Over the Northern Limit Line: Operating the Advisory Proceedings of the International Court of Justice
Date of Award
Doctor of Juridical Science (SJD)
To construct a dispute-resolution framework for the inter-Korean conflict over the Northern Limit Line (“NLL Conflict”) under the international judicial system, this dissertation proposes an advisory proceeding of the International Court of Justice (“ICJ”) as the most promising alternative. It has proven difficult to draw a negotiated solution to this decades-long conflict, despite each of the respective State parties involved in the NLL Conflict presenting various arguments and claims about the valid legal status of the NLL. In this context, this dissertation examines the ICJ’s contribution to the resolution of international disputes, particularly controversy over the question of laws, through its advisory jurisdiction even in the absence of any involved State’s consent. For the purpose of this project, therefore, this dissertation examines the mechanism of the ICJ jurisdictional system with an emphasis on the essential elements required to establish each type of jurisdiction in its advisory proceeding. Through an analysis of relevant advisory precedents, in which not only substantive but also procedural issues were considered, this paper concludes that an advisory proceeding initiated by a competent primary organ of the UN is the most promising alternative for a dispute-resolution framework for the NLL Conflict under the present UN-centered international judicial system. Based on a judicial guidance rendered by the ICJ, North and South Korea are expected to find a more equitable solution to the NLL Conflict through international law.
Kim, Hyun Jin, "Construction of a Dispute-Resolution Framework Under the International Judicial System for the Settlement of the Inter-Korean Conflict Over the Northern Limit Line: Operating the Advisory Proceedings of the International Court of Justice" (2020). Theses and Dissertations. 88.