Drawing on previously unused or underutilized archival sources, Human Rights and Transnational Democracy in South Korea offers the first account of the historical intersection between South Korea's democratic transition and the global human rights boom in the 1970s.

The unification of North and South Korea is widely considered an unresolved and volatile matter for the global order, but this book argues capital has already unified Korea in a transnational form. As Hyun Ok Park demonstrates, rather than territorial integration and family union, the capitalist unconscious drives the current unification, imagining the capitalist integration of the Korean peninsula and the Korean diaspora as a new democratic moment. Based on extensive archival and ethnographic research in South Korea and China, The Capitalist Unconscious shows how the hegemonic democratic politics of the post-Cold War era (reparation, peace, and human rights) have consigned the rights of migrant laborers—protagonists of transnational Korea—to identity politics, constitutionalism, and cosmopolitanism. Park reveals the riveting capitalist logic of these politics, which underpins legal and policy debates, social activism, and media spectacle. While rethinking the historical trajectory of Cold War industrialism and its subsequent liberal path, this book also probes memories of such key events as the North Korean and Chinese revolutions, which are integral to migrants' reckoning with capitalist allures and communal possibilities. Casting capitalist democracy within an innovative framework of historical repetition, Park elucidates the form and content of the capitalist unconscious at different historical moments and dissolves the modern opposition among socialism, democracy, and dictatorship. The Capitalist Unconscious astutely explores the neoliberal present's past and introduces a compelling approach to the question of history and contemporaneity.

We are currently witnessing some of the greatest challenges to democratic regimes since the 1930s, with democratic institutions losing ground in numerous countries throughout the world. At the same time organized labor has been under assault worldwide, with steep declines in union density rates. In this timely handbook, scholars in law, political science, history, and sociology explore the role of organized labor and the working class in the historical construction of democracy. They analyze recent patterns of democratic erosion, examining its relationship to the political weakening of organized labor and, in several cases, the political alliances forged by workers in contexts of nationalist or populist political mobilization. The volume breaks new ground in providing cross-regional perspectives on labor and democracy in the United States, Europe, Latin America, Africa, and Asia. Beyond academia, this volume is essential reading for policymakers and practitioners concerned with the relationship between labor and democracy.

An analysis of rights-based activism in South Korea, including case studies of women, workers, disabled persons, migrants, and sexual minorities.

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Do norms of justice, human rights and democracy enable disenfranchised communities? Or do they simply reinforce relations of domination between those who are constituted as dispensers of justice, rights and aid, and those who are coded as receivers? Critical race theorists, feminists and queer and postcolonial theorists confront these questions and offer critical perspectives.

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.