The aim of this project is to research the necessity of international cooperation on Korean unification in legal terms as South Korea’s Unification Policy and how issues of the Korean Peninsula have been dealt with in the international framework. Since this is the second year of a five-year project, the conceptual aspect requires clarification in the overall aspect and this requires a multidisciplinary approach. But the main focus remains the legal aspect, international law, in particular. This study assumes that unification will be a gradual process, generally in three stages: (1) inter-Korean cooperation, (2) negotiation for inter-Korean unification (be it North Korea’s collapse, or actual inter-Korean negotiation for unification, this stage includes any inter-Korean negotiation for unification and international negotiation formula, such as Six Party Talks, etc.), and (3) post-unification integration. The study begins with the understanding that South Korea needs to be prepared for legal matters potentially arising in these processes. The project this year, in particular, deals with the legal issues that should be dealt with in the first and second stages. The scope of the papers in this project covers four main areas. The first is time span. The research for this project covers the 19th century to the present and draws future-oriented implications, but the main focus is on current issues. The second is in regard to approaches. The study deals with three main approaches: historical, political, and legal, but for purposes of this project, the main focus is on the legal aspect. The third concerns the issues addressed. These are the nuclear issue, the military issue, inter-Korean cooperation issues, and the human rights issue. Finally, the scope of actors considered includes South and North Korea, neighboring countries (the U.S., China, Japan, and Russia), and international organizations (e.g., UN, WFP, WHO, etc.). The papers included here are organized into three main sections. The first concerns the meaning of Korean unification and the context of international cooperation. Park Jong-Chul provides a general overview of the Park Geun-Hye administration’s North Korea and unification policy, referred to as “Trustpolitik,” and the trust-building process on the Korean Peninsula, as well as the need for international cooperation. Sue Mi Terry examines the U.S. and China’s perspective on the issues laid out above. She explores areas where U.S.-China interests converge and diverge and whether strategic cooperation and coordination between the two nations are possible in the case of Korean unification. The second section presents historical and legal perspectives related to the situation on the Korean peninsula. Charles K. Armstrong’s work on the historical perspective is divided into three sections chronologically: (1) the struggle of 19th Century Korea to become a modern sovereign state and its failure with the advent of colonial rule, (2) war leading to the division of the Korean Peninsula, and (3) the inter-Korean situation based on de facto recognition (as opposed to de jure) as a political entity arising out of the 1972 Joint Communiqué and the “special relationship” from then on. Next, Roh Jeong-Ho provides a legal approach to the question of inter-Korean relations and the debate on unification by dividing the period from 1876 to the present day into five distinct periods and examining the limitations to the legal order and the evolution of world order as they pertain to Korea. Finally, Leon V. Sigal discusses how international law and institutions might improve South Korean security and facilitate inter-Korean reconciliation with special attention to confidence-building in the West Sea. The third section examines in greater detail the legal aspects of Inter-Korean Cooperation and human rights. Regarding human rights, it is important to consider the link between inter-Korean cooperation and human rights. The improvement of human rights and people’s livelihood in North Korea, which is part of the ultimate goal of unification, can be achieved by inter-Korean cooperation. Inter-Korean cooperation leads to inducing change in North Korea, which then logically leads to the improvement of human rights in North Korea. Lee Hyo-Won focuses on the legal matters regarding the establishment of a DMZ World Peace Park. Soung Jea-Hyen looks at the legal matters regarding the internationalization of the Gaeseong Industrial Complex. Cho Jung-Hyun provides an analysis of the contents and legal implications of the recent outcome of the UN Commission of Inquiry (COI) on Human Rights in the DPRK, such as the meaning of stating “crimes against humanity,” the notion of Responsibility to Protect (R2P) in respect to North Korea, and transitional justice in the possible post-unification stage. Finally, David Hawk tracks North Korean human rights developments in the post-COI period. Preface/ Jong-Chul Park and Jeong-Ho Roh I. The Meaning of Korean Unification in the Context of International Cooperation South Korea’s TrustPolitik and International Cooperation.....1 South Korea’s TrustPolitik and International Cooperation/ Jong-Chul Park.....3 U.S.-China Rivalry and the Unification of the Korean Peninsula/ Sue Mi Terry.....31 II. The Situation on the Korean Peninsula: Historical and Legal Perspectives .....59 An Unfinished Project: Challenges and Struggles of Korea to Become a Modern Sovereign Nation-State/ Charles K. Armstrong.....61 The Limits of Legal Order in an Evolving World Order on the Korean Peninsula/ Jeong-Ho Roh.....89 Legal Approaches to Korean Security in the Early Stages of Unification: The Armistice Agreement and the NLL/ Leon V. Sigal.....119 III. Legal Aspects of Inter-Korean Cooperation and Human Rights.....145 Legal Perspective and International Cooperation on World Peace Park in DMZ between South and North Korea / Hyo-Won Lee.....147 Plan for the Internationalization of the Kaesong Industrial Region and the Resolution of Its Commercial Disputes/ Jea-Hyen Soung.....169 The Report of the UN Commission of Inquiry (COI) on North Korean Human Rights: Some International Legal Analyses/ Jung-Hyun Cho.....195 North Korea’s Response to the UN Commission of Inquiry (COI) Report on the Situation of Human Rights in the Democratic People’s Republic of Korea/ David Hawk.....213 Contributors.....251

How will a unified Korea respond to the Kim regime's crimes against humanity? Will North and South Korea be able to reconcile their differences after being divided for so long? Will China, the US, Japan, Russia, and U.N. drive the process? This book examines the challenges associated with Korean unification and human rights accountability.

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.

This report examines what could be done to convince North Korean elites that unification would be good for them. It describes five areas of concern that North Korean elites would likely have about the outcomes of unification and proposes policies that the Republic of Korea government could adopt that would give North Korean elites hope for an acceptable unification outcome.

This Task Force report comprehensively reviews the situation on the peninsula as well as the options for U.S. policy. It provides a valuable ranking of U.S. interests, and calls for a firm commitment from the Obama administration to seek denuclearization of the Korean peninsula, backed by a combination of sanctions, incentives, and sustained political pressure, in addition to increased efforts to contain proliferation. It notes that China's participation in this effort is vital. Indeed, the report makes clear that any hope of North Korea's dismantling its nuclear program rests on China's willingness to take a strong stance. For denuclearization to proceed, China must acknowledge that the long-term hazard of a nuclear Korea is more perilous to it and the region than the short-term risk of instability. The report also recognizes that robust relations between Washington and its allies in the region, Japan and South Korea, must underpin any efforts to deal with the North Korean problem. It looks as well at regime change and scenarios that could lead to reunification of the peninsula. At the same time that the Task Force emphasizes the danger and urgency of North Korea's behavior, it recognizes and applauds the beneficial U.S. relationship with South Korea, which has proved to be a valuable economic and strategic partner. In this vein, the Task Force advocates continued close coordination with Seoul and urges prompt congressional passage of the U.S.-South Korea free trade agreement.

Against the backdrop of China’s mounting influence and North Korea’s growing nuclear capability and expanding missile arsenal, South Korea faces a set of strategic choices that will shape its economic prospects and national security. In South Korea at the Crossroads, Scott A. Snyder examines the trajectory of fifty years of South Korean foreign policy and offers predictions—and a prescription—for the future. Pairing a historical perspective with a shrewd understanding of today’s political landscape, Snyder contends that South Korea’s best strategy remains investing in a robust alliance with the United States. Snyder begins with South Korea’s effort in the 1960s to offset the risk of abandonment by the United States during the Vietnam War and the subsequent crisis in the alliance during the 1970s. A series of shifts in South Korean foreign relations followed: the “Nordpolitik” engagement with the Soviet Union and China at the end of the Cold War; Kim Dae Jung’s “Sunshine Policy,” designed to bring North Korea into the international community; “trustpolitik,” which sought to foster diplomacy with North Korea and Japan; and changes in South Korea’s relationship with the United States. Despite its rise as a leader in international financial, development, and climate-change forums, South Korea will likely still require the commitment of the United States to guarantee its security. Although China is a tempting option, Snyder argues that only the United States is both credible and capable in this role. South Korea remains vulnerable relative to other regional powers in northeast Asia despite its rising profile as a middle power, and it must balance the contradiction of desirable autonomy and necessary alliance.