2017 ACADEMY OF

Center for International Law Korea National Diplomatic Academy Email: [email protected] Tel: +82-2-3497-7618 www.knda.go.kr/cil 2572 Nambusunwhan-ro, Seocho-gu, Seoul, Korea 2017 SEOUL ACADEMY OF INTERNATIONAL LAW Center for International Law Korea National Diplomatic Academy

2017 SEOUL ACADEMY OF INTERNATIONAL LAW GREETINGS

I am very pleased to welcome all of you, from Korea and other Asia-Paci c countries, to the Seoul Academy of International Law. This is an international law program that the Center for International Law at KNDA offers this summer. The Center was established in November 2013 to contribute to Korean government’s foreign policymaking through its systematic research on international law, and to nurture experts in this eld. The launch of the Seoul Academy of International Law is part of the Center’s efforts to accomplish such missions by training and educating those working in the eld of international law with up-to-date theories and practices on current international legal issues such as peace and security, international investment law and the law of treaties as well as international law in East Asia. I hope that the participants in the Academy will enjoy courses provided by the world-renowned members of the faculty who will serve as both excellent teachers and mentors to the participants CONTENTS eager to immerse themselves in recent developments in international law for the next two weeks.

03 Greetings I also encourage all of you to take an opportunity to enjoy the stay in Seoul, the capital city of 04 Program Overview Korea for more than six hundred years. I am sure that Seoul will offer you abundant cultural 05 Courses experiences with a mixture of tradition and dynamism. Thank you. 06 Curriculum 11 Timetable Kak-Soo SHIN 12 Lecturers Director 18 Center For International Law Center for International Law, KNDA

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PROGRAM OVERVIEW COURSES

Seoul Academy of International Law (SAIL) is a training program PROGRAM organized by the Center for International Law (CIL) of the Korea East Asia and International Law OBJECTIVES National Diplomatic Academy (KNDA) of the Ministry of Foreign Affairs of the Republic of Korea. It provides courses lectured by prominent scholars and practitioners in the eld of international Peaceful Settlement of Disputes and the Regulation of law to the participants from Asia and the Paci c region. The the Use of Force in International Law objective of the program is to promote greater understanding on the current trends in international law among those involved in international law practice. Through this, the SAIL aims to establish State Responsibility broader and more solid rule of law in the region.

International Investment Law

| Date | July 3 (Mon) - 14 (Fri), 2017 DATE & VENUE International Criminal Law | Venue | Korea National Diplomatic Academy

Recent Developments in International Law There will be 47 participants from 24 countries in Asia and the PARTICIPANTS Paci c. The participants in the program will range widely from government of cials, including diplomats and legal practitioners, Fundamentals of International Law to scholars, researchers as well as graduate students.

Countries of the participants include: Law of Treaties Australia, Bangladesh, Brunei, Cambodia, , Fiji, Indonesia, Japan, Kazakhstan, Laos, Malaysia, Mongolia, Myanmar, Nepal, New Zealand, Papua New Guinea, Philippines, Singapore, Sri Lanka, Thailand, Timor-Leste, Uzbekistan, Viet Nam; and Korea International Environmental Law

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CURRICULUM CURRICULUM

International Environmental Law Peaceful Settlement of Disputes and the Regulation of the Use of Force in International Law Prof. Alan Boyle Prof. Lori F. Damrosch International Environmental Law is too large a subject to compress into four lectures, so the principal The course will survey developments from the 18th to the 21st centuries concerning the role for aim of this course is to give students an overview of some of the key issues. The rst lecture will cover international arbitration and adjudication in preventing and regulating the use of force. Milestones (a) the concept of sustainable development, its legal status, and endorsement in multilateral agreements, in the development of peaceful settlement to be covered in Unit1 include: the Jay Treaty and and (b) international law concerning transboundary environmental harm. Topics will include Alabama Claims arbitrations (U.S.-Great Britain); the peace movement promoting arbitration and environmental impact assessment (‘EIA’), regulation of transboundary risk, the precautionary adjudication in lieu of war; the 1899 and 1907 Hague Peace Conferences; the establishment of the approach, and liability for damage. The second lecture will look at global environmental problems, Permanent Court of International Justice and the International Court of Justice; and the specialized including depletion of the ozone layer, climate change, and protection of the marine environment. tribunals of the 1990s and 2000s. Unit 2 will turn to arbitral and judicial decisions in which international The 1982 UN Convention on the Law of the Sea, the 1985 Ozone Convention, the 1992 Climate tribunals have addressed the international law governing the use of force and self-defense under Change Convention, and the 2015 Paris Agreement will all be discussed. The lectures will refer to customary international law and international treaties, including the judgments of the International the relevant treaties, cases, and soft law instruments, including the 1992 Rio Declaration on Environment Court of Justice in the Nicaragua, Oil Platforms, and Armed Activities cases and its advisory opinions and Development and the work of the International Law Commission. on Nuclear Weapons and on the Wall in the Occupied Palestinian Territory, and the decisions of arbitral tribunals in proceedings between Guyana and Suriname over their maritime boundary and between Eritrea and Ethiopia arising out of armed conict between those states. Unit 3 will consider certain current problems arising at the interface between the institutional systems for legal dispute settlement and the international law of the use of force, in particular the requirement for consent to jurisdiction and the acknowledged practice of allowing states to exclude disputes involving military activities from the terms of their consent (for example, the permissible exclusion of such disputes from compulsory settlement under the U.N. Convention on the Law of the Sea). State Responsibility Dr. Emily Crawford This course will examine the law of State responsibility, and the related law on diplomatic protection and the protection of foreign nationals. This course will provide an understanding of the law of State responsibility and the liability of subjects of international law for internationally wrongful act and Fundamentals of International Law provide an understanding of the consequences of a breach of an international obligation. Prof. Harold Hongju Koh This course provides the basic fundamentals that law students and diplomats will need to understand international and transnational law. Topics covered include actors, legal sources, and processes of international relations including use of force, treatymaking, and dispute-resolution.

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CURRICULUM CURRICULUM

International Criminal Law between public international law and international investment law. In particular, class discussions will address such issues as treaty interpretation, state responsibility, and relationship between international Mr. O-Gon Kwon law and domestic law in the speci c context of international investment law and related disputes. In Unit 1, the course will rst deal with the origin and the idea of war crimes, noting the difference This course will be conducted through a two-way interaction between the instructor and students, between jus in bello and jus ad bellum. It will then deal with the development of international so active participation in the class discussion is expected. Comments, questions and observation humanitarian law in general, including the Geneva law and the Hague law. It will also deal with the from students during the lecture will be highly appreciated. history of various international criminal tribunals, starting from Nuremberg and Tokyo Tribunals to the recent International Criminal Court (ICC). In Unit 2, the course will further deal with some speci c features of the ad hoc UN tribunals, i.e., the ICTY and the ICTR and the permanent court, i.e., the ICC in comparative perspective. It will then deal with various kinds of international crimes and their contours, as developed by the international criminal tribunals. It will nally deal with some speci c challenges that international criminal trials seen from the bench. Law of Treaties Prof. Tullio Treves The rst class will examine “Treaty law” which concerns the content of rules set out in treaties as well as “Law of treaties” which concerns the rules regarding treaties such as conclusion, application interpretation, validity etc. followed by the treaty law in the system of sources of international law. International Investment Law The second class will look at the 1969 Vienna Convention and the follow-up conventions of 1983 and 1986. First, the class will examine the Vienna Convention of 1969, Customary Law, particular Prof. Jaemin Lee procedure followed for 1986 Convention on treaties concluded by international Organizations and This course is to provide an overview of the substantive and procedural elements of international the 1983 Convention on State succession to treaties and its weakness. Then, the class will go over investment law. The lecture will highlight key provisions of FTAs and BITs and explain meaning and the main features of the 1969 Vienna Convention. Class 3 will examine ‘the work of the international parameter of these provisions. Discussions will also include explanations and implications of recent law commission on certain law of treaties issues considered in the Vienna Convention,’ using UN decisions and awards from international investment arbitration. After taking the course, students are General Assembly’s hesitations in reopening the Law of Treaties, the ILC Guidelines, the ILC Draft expected to understand and apply key legal concepts of international investment law and dispute conclusions, provisional application and the ILC future work on jus cogens. Then, ‘the Evolution of settlement proceedings. This course will also touch upon the impact of FTAs and BITs on domestic The Law of Treaty Interpretation,’ will be covered by looking at the evolutionary interpretation, regulatory authority of a government, including various reactions from domestic interest groups and systemic interpretation and article 31.3.c, the revival of preparatory work and supplementary means legal controversies. In this context, the lecture will also provide an overview of various reform proposals of interpretation and the application of the rules on the interpretation of treaties to non-treaty currently being tabled in the global community to improve international investment agreements and instruments. investment dispute settlement proceeding. More importantly, this course will discuss the interaction

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CURRICULUM TIMETABLE

WEEK 1

Recent Developments in International Law 7/3 (Mon) 7/4 (Tue) 7/5 (Wed) 7/6 (Thur) 7/7 (Fri) Prof. Toshiya Ueki Peaceful Settlement Peaceful Settlement of Disputes and the of Disputes and the 09:30 Opening Ceremony State In the rst part of this Lecture (Unit 1), some recent developments of international law through Regulation of the Regulation of the ~ & Responsibility law-making functions by the International Law Commission (ILC) will be examined. ILC was established Use of Force in Use of Force in 11:30 Orientation (3) in 1947 by the General Assembly of UN to undertake the mandate of the GA under Article 13(a) of International Law International Law (1) (3) the UN Charter to “initiate study and recommendation” for the purpose of “encouraging the progressive development of international law and its codi cation”. In Unit 1, I would like to pick up Field Trip 13:00 Introduction: State State International (Foreign some draft-articles recently adopted by ILC and examine their importance from the perspective of ~ East Asia and Responsibility Responsibility Investment Law Participants International Law (1) (2) (2) international law. In the second part of this Lecture (Unit 2 and Unit 3), some recent developments 15:00 Only) of the Law of the Sea are to be examined. Firstly, in Unit 2, I would introduce a newly-developing topic in the Law of the Sea, namely Biodiversity beyond National Jurisdiction (BBNJ). As for BBNJ, a Peaceful Settlement of Disputes and the proposal for drafting a new Convention has been made in UN and many legal issues have been 15:15 International Regulation of the ~ Investment Law recently discussed within the framework of UN. Second topic on the Law of the Sea to be considered Use of Force in (1) in this Lecture, in Unit 3, is the de nition of the “island”. Recently, in July 2016, the Permanent Court 17:15 International Law of Arbitration (PCA) delivered the Award on the South China Sea. This Award invoked many legal (2) and/or political problems, and the de nition of the “island” is one of the very important issues to be examined from the viewpoint of international law. WEEK 2

7/10 (Mon) 7/11 (Tue) 7/12 (Wed) 7/13 (Thur) 7/14 (Fri)

09:30 International International Fundamentals of Fundamentals of Fundamentals of ~ Criminal Law Criminal Law International Law International Law International Law 11:30 (1) (2) (1) (2) (3)

13:00 Recent Recent Developments in Developments in Law of Treaties Law of Treaties Law of Treaties ~ International Law International Law (1) (2) (3) 15:00 (1) (2)

Recent 15:15 International International Developments in Closing ~ Environmental Law Environmental Law International Law Ceremony (1) (2) 17:15 (3)

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LECTURERS LECTURERS

Alan Boyle Lori F. Damrosch Professor, University of Edinburgh Professor, Columbia University

Professor Alan Boyle is a specialist in public international law, especially law Professor Lori F. Damrosch is the Hamilton Fish Professor of International Law of the sea, international environmental law, and international litigation. He and Diplomacy at Columbia University (New York). She was educated at Yale has been professor of Public International Law at the University of Edinburgh (BA 1973, summa cum laude, , with distinction in Russian since 1995. Publications include International Law and the Environment (with Studies; JD 1976), served in the Of ce of the Legal Adviser in the U.S. Department Patricia Birnie and Catherine Redgwell)(3rd edn, OUP, 2009) and The Making of International Law of State (1977-81), and practiced with the New York law rm of Sullivan & Cromwell (1981-84) (with Christine Chinkin)(OUP, 2007). He is a barrister and practises international law from Essex before joining the Columbia faculty in 1984. Her publications include The International Court of Court Chambers, London. Professor Boyle has appeared as counsel before the ICJ, the International Justice at a Crossroads (1987); Law and Force in the New International Order (1991); Enforcing Tribunal for the Law of the Sea, and arbitral tribunals. He has been counsel in seven cases brought under Restraint: Collective Intervention in Internal Con icts (1993); Beyond Confrontation: International the 1982 UN Convention on the Law of the Sea, and he is one of the leading practitioners in that eld. Law for the Post-Cold War Era (1995); Enforcing International Law through Non-Forcible Measures He has also been counsel in some of the leading cases on international environmental law. (Hague Academy of International Law 1997); and International Law: Cases and Materials (2014, with Sean Murphy). She is a member of the Institut de droit international. She has served as co-Editor in Chief of the American Journal of International Law (2003-13) and as President of the American Society of International Law (April 2014-April 2016).

Emily Crawford Senior Lecturer, Sydney Law School Harold Hongju Koh Dr. Emily Crawford is a senior lecturer at Sydney Law School. Emily teaches Professor, international law and international humanitarian law, and has delivered (former Legal Adviser, U.S. Department of State) lectures both locally and overseas on international humanitarian law issues. A member of the International Law Association's Committee on Non-State Actors, Professor Harold Hongju Koh is of International Law at Yale as well as the NSW Red Cross IHL Committee, Emily's most recent research project examined major Law School, where he has taught since 1985 and served as Dean from 2004-09. developments in the conduct of armed conicts in the 21st century, such as cyber warfare, targeted From 2009-13, he served as Legal Adviser to the Department of killings, and the increasing presence of civilians directly participating in armed conicts. The research State under President Obama and Secretary Clinton, and from 1998-2001, he project was published in 2015 by Oxford University Press as Identifying the Enemy: Civilian Participation served as Assistant Secretary of State for Democracy, Human Rights and Labor under President in Armed Conict. Her current research project examines the inuence of non-binding norms and Clinton and Secretary Albright. A Korean-American, he is a graduate of Harvard College, Oxford soft law instruments on international humanitarian law. University (Magdalen College, Marshall Scholar), and , where he was Developments Editor of the . Professor Koh is the author or co-author of eight books and over

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LECTURERS LECTURERS

200 articles, and has received 16 honorary degrees for his work in international law and human rights. He is a member of the American Philosophical Society and the American Academy of Arts and Sciences, an Honorary Fellow at Magdalen College Oxford, a former Visiting Fellow at All Souls Jaemin Lee College Oxford, and will be Goodhart Visiting Professor of Legal Science at Cambridge University in Professor, Seoul National University 2018-19. He is on the Council of the and the Board of the American Arbitration Mr. Jaemin Lee is currently Professor of Law at School of Law, Seoul National Association and has served as Counsel and Arbitrator in dozens of cases involving international legal University in Seoul, Korea. He also serves as Associate Dean for Academic issues in U.S. domestic courts, the International Court of Justice, and numerous international Affairs of the law school. His major areas of teaching and research include tribunals. His many awards include the Wolfgang Friedmann Award from Columbia Law School and international trade law, international investment law and public international the Louis B. Sohn Award from the American Bar Association for his lifetime accomplishments in law. Upon graduation from College of Law, Seoul National University in 1992, he joined the Korean international law. Ministry of Foreign Affairs as a foreign service of cer. He served as deputy directors of Treaties Division and North American Trade Division of the ministry. Between 2001 and 2004, he practiced law with Willkie Farr & Gallagher LLP (Washington, D.C. of ce) as an associate attorney of the rm’s international trade group. Between 2004 and 2013, he taught public international law, international investment law and international trade law at School of Law, Hanyang University in Seoul, Korea. He O-Gon Kwon has published articles and books (including book chapters) on various topics of international trade President, Kim & Chang International Law Institute law, international investment law and public international law. At various occasions, he has either (former Permanent Judge, ICTY) represented or advised the Korean government in WTO dispute settlement proceedings, investment arbitrations and negotiations of trade agreements. Mr. O-Gon Kwon is an attorney at Kim & Chang, who serves as the President of the rm’s International Law Institute. Before joining Kim & Chang in May 2016, Kwon worked as one of the permanent judges of the UN’s International Criminal Tribunal for the former Yugoslavia (ICTY) from November 2001 till March 2016. He served as the Vice-President of the ICTY from 2008 to 2011. During his mandate at the ICTY, Kwon presided over the trial of former Bosnian Serb leader, Radovan Karadžić. Previously, he sat on the trial of Slobodan Milošević, former President of the Republic of Serbia and the Federal Kak-Soo Shin Republic of Yugoslavia and on the trial of Popović and others, in which seven Bosnian Serbs were Director, Center for International Law, KNDA accused of involvement in crimes following the July 1995 fall of the Srebrenica enclave. He was also Ambassador Kak-Soo Shin is the Director of the Center for International Law, involved in a number of pre-trial proceedings, contempt trials and sentencing judgments. Further, he Korea National Diplomatic Academy. Ambassador Shin started his career at was a member of the Referral Bench, which determined whether certain cases pending before the the Ministry of Foreign Affairs, in which he held various positions including ICTY are suitable to be referred for trial in the national courts of a State, instead of being tried at the Director of the Japan Division, Advisor to the Foreign Minister, Director-General ICTY. In addition, Kwon has been serving as a member of the Board of Editors of the Journal of of the Treaties Bureau, Deputy Permanent Representative at the Korean Mission to the United International Criminal Justice (Oxford University Press) since 2007. He also served as a member of the Nations, Ambassador to the State of Israel, First Vice Minister and Second Vice Minister of the Ministry Independent Panel on the International Criminal Court Judicial Election, which was established by of Foreign Affairs, and Ambassador to Japan. He is also a Senior Advisor at Shin & Kim Law rm and the Coalition for the International Criminal Court from 2010 to 2012.

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LECTURERS LECTURERS

a Visiting Professor at University of Ulsan. Ambassador Shin graduated from the College of Law at Seoul National University (SNU). He then earned a master’s degree (LLM) in international law and a Toshiya Ueki S.J.D. both from the Graduate School of Law at SNU. Executive Vice President & Professor of International Law, Tohoku University

Professor Toshiya Ueki is Professor of International Law at Tohoku University School of Law in Sendai, Japan, since 1999. He was a Visiting Fellow of the Research Centre for International Law, University of Cambridge, from 1988 Tullio Treves to 1990, and a Visiting Scholar at Harvard Yenching Institute, , Professor, University of Milan from 1996 to 1997. He was awarded 27th Adachi Mineichiro Memorial Award in 1994. He was also (former Judge, ITLOS) actively involved as a member of International Law Association (ILA)’s Committee on Accountability of International Organizations and of the ILA’s Study Group on Responsibility of International Professor Tullio Treves – born in Tucuman Argentina in 1942 and citizen of Organizations. Since 2006, he has been also serving as the Executive Vice President of Tohoku Italy - has had a career as Professor of International Law in Italian Universities, University. including the Milan State University where he was tenured Professor from 1982 to 2012, when he retired. He was a member of the Italian Delegation to the Third UN Law of the Sea Conference and other conferences; he was moreover the Legal Adviser to the Italian Mission to the UN from 1984 to 1992. In 1996 he was elected Judge of the International Tribunal for the Law of the Sea, and re-elected in 2002. He retired form the Tribunal in 2012. Since then he has been twice ad hoc judge. Since 2012, he is Senior Consultant on Public International Law with the international Law Firm Curtis, Mallet-Prevost, Colt and Mosle, LLP. Presently he is engaged in international disputes as arbitrator and counsel. Among other cases, he has recently appeared before the ICJ for Peru and Colombia. He is also engaged with Curtis in investment arbitrations on behalf of States. He is a Member of the Institut de droit international and of the Curatorium of the Hague Academy of International Law. He is a member of the American, French, Italian, and European Societies of International Law. He has given lectures and courses in learning institutions all over the world. He is the author of many books and articles on various subjects of public and private international law, in Italian, French, English and Spanish, languages he speaks uently.

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CENTER FOR INTERNATIONAL LAW

A Hub of International Law in East Asia ACADEMIC & POLICY NETWORKS The Center for International Law of IFANS, KNDA aims to play In conducting its research and projects, the Center for International Law actively collaborates with a hub role in promoting international law in East Asia, many partners, widely ranging from individual scholars and policymakers to public organizations and where the role of international law assumes a growing importance think tanks, at national, regional, and international levels. By arranging research trips to foreign in achieving regional peace and prosperity. institutes and international organizations, and inviting scholars from all over the world, the Center promotes exchange of views on international law and policy collaboration with foreign experts.

The Center for International Law was established in November 2013 to facilitate comprehensive and systematic research in international law, which would contribute to foreign and security policy EDUCATION formulation. Af liated with the Institute of Foreign Affairs and National Security (IFANS) of the Korea The Center for International Law provides international law education at various levels. It develops National Diplomatic Academy (KNDA) of the Ministry of Foreign Affairs of the Republic of Korea, it educational materials for KNDA’s courses, designed for its diplomat candidates and other government aims to promote research activities and nurture experts in this eld by connecting the government of cials. Furthermore, it provides special lectures and training programs on international law to and the private sector. In East Asia, the Center aims to serve as the regional hub of international law provincial governments and public organizations in Korea. It has also set up its new program, Seoul by connecting diverse scholars, policymakers, and institutions both in Korea and other parts of the Academy of International Law, designed to teach public international law to junior scholars and region. policymakers from Korea and overseas.

RESEARCH DATABASE & PUBLICATIONS The Center for International Law carries out research on various issues related to international law The Center for International Law develops database on international law. Some of its main features that hold particular signi cance to Korean diplomacy. By conducting research on a wide array of are the analysis of the Korean cases that are relevant to international law and international relations, issues, including the law of the sea, international human rights and humanitarian law, international and the compilation of the international law materials that hold essential policy implications for environmental law, and peaceful settlement of disputes, the Center seeks to provide comprehensive Korean diplomacy. Furthermore, the Center publishes various materials on international law, including legal and policy analysis for foreign policy-making. reports on its seminars and research projects.

SYMPOSIUMS & WORKSHOPS The Center for International Law organizes symposiums, seminars, and workshops at various scales to facilitate discussions on issues in Korean diplomacy, with particular focus on the perspective of international law. The Center’s interdisciplinary approach to various issues facilitates discussions that are not only academically extensive, but also practically meaningful. By participating in the symposiums and workshops hosted by the Center, experts from at home and abroad can engage in depth dialogue on major issues in various elds. Among the issues that were previously covered, cyber security, transboundary environmental issues, Korean reuni cation, and North Korean human rights are the prominent examples.

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