Haunting Phantom on the Way to the Korean Reunification? The Chinese People’s Volunteer Army in the Korean War and Its Legal Questions

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : Journal of East Asia and International Law / 7권 / 1호
ㆍ저자명 : Eric Yong Joong Lee

목차

Haunting Phantom on the Way to the Korean Reunification? The Chinese People’s Volunteer Armyin the Korean War and Its Legal Questions
I. Introduction
II. Casus Belli: Self-Defense?
III. Clash
IV. Closing
V. Conclusion

영어 초록

Although relationships among the former belligerent parties of the Korean War have changed drastically over the decades, the parties still remain under the armistice system because the Korean War is not over legally. The primary purpose of this research is to analyze questions related to the Chinese People’s Volunteer Army in the Korean War from an international legal perspective. As a new topic, this is intended to be a precautionary examination of an issue that could haunt the eventual process of peacemaking on the Korean peninsula. The main text of this article consists of three parts. The first examines whether the Chinese People’s Volunteer Army’s entering the Yalu River was self-defense under Article 51 of the UN Charter. The second part covers various legal questions relating to armed hostilities in the Korean War under international law. The third part discusses the legal questions around an armistice negotiation.

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