Kiyoung Kim
Let me kindly introduce myself for the global identity among many friendly geeks with multiple degrees or certificates and licenses. I am so honored to bear with the friends and peers that Kiyoung Kim (김기영 in Korean) is the holder of four research doctorates (SJD & 3 PhDs) and one doctor Iuris conferred by the universities (i) accredited by the state and major accreditation agency and (ii) operating in three different continents, i.e., America, Europe and Asia and (iii) has attorney licenses from two separate nations (South Korea and United States). This catapults him into the tough career of teaching international law and makes him unique and best in the world.
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international law is a field of law that deals with the rights and
obligations between countries. The essence of international
community is of decentralized nature, in which the legal order is
formed according to the principle of sovereign equality. However,
there are many perspectives that approach the international
community and international law from a universalistic and
idealistic viewpoint. In other words, if the positivist and
pseudo-oriented view of international law is the reality of
international community and international law, the universalist or
idealist perception of international law can be said to be their
goals. It is true that those two perspectives on international
community and international law are neither omnicient nor
all-perceiving, but complexly intertwined.
The Constitution and international law, which can be considered
the two axes of public law, are closely interrelated to the formation
of a modern absolute state and civic democracy. The absoluteness
of state power and civic democracy are doomed to fate our present
and our future. This is not only such fundamental political order,
but it also has become a foundation for the development of modern
and contemporary order of law. And the two dimensions of order,
politics and law, are developing in a dialectical manner.
Under this background, this paper aims to provide a harmonious
view sprucing up the reality of public law that penetrates both of
the international and domestic society within a large framework. It
is for research purpose and needs an effort of work by reviewing
and analyzing the essence, commonalities, and differences among
various adjacent concepts of the Constitution and international law
discourse.
This paper first begins with a discussion by presenting the
historical development of existing hard legal system that penetrates
the Constitution and international law through their realistic
framework. Furthermore, we look at the softness of international
law, conceptual discourse on the international law and world law,
international constitutionalism and constitutional theory, and a
compendium of world administrative law. We look at the
background for the development of these commentaries, the main
topics of discussion, and their commonalities or differences. Finally
we briefly diagnose and place the future of new sermons that needs
to be adduced due to changes in the international community.
The scholars of international law believe that, regardless of whether the President of the United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution.
On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices.
In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence.
transnational corporations with the ethical and legal standard. Chapter VII suggests the categories of bad practice and best strategic alternative corresponding to each category. The final chapter provides a conclusive remark for the better future.
normally could not pre-consider all circumstances among the individual contracting parties. For this reason, this paper argues in favor of privately administered remedies to fill the paucity of two typical remedies. Moreover, the contractual negotiation or design of contract is considered very important as the contracting parties are most informed about their best of economics besides the official lawmakers. The paper concludes with a short discussion of the electronic commerce in
comparison with the traditional domestic and international commerce.
countries, concluded a final draft in 1978. In 1980, it was adopted as United Nations Convention on Contracts for the International Sale of Goods(CISG). While the treaty is deemed a marvellous success within the purview of uniform private laws, it is also true that there arises a severe criticism. One of criticism points to imprecise and ambiguous terms CISG employs that harms the uniformity in its interpretation. However, I would support the strength of CISG that CISG can be interpreted consistently in itself in terms of its international character, which means imprecision of CISG, short coverage of hardship issues, imbalance between parties, and inept nature to commodity transactions. In support of CISG, these criticisms either overlook the intrinsic difficulties underlying production of the uniform laws or seems to be groundless on various points of views. On the other hand, the true uniform laws presuppose uniformity in the application of treaty. We
can see some extent of difference in terms of the role of precedents between the common law and civil law countries. It is encouraging that the recent practice of civil law countries, including Italy, Poland, Denmark and so on, tend to cite the foreign precedents for the cases of CISG laws. Within the regime of common law countries, the rule of “stare decisis” prescribes that the national precedents should govern as binding authority while those of other common law countries function
to be a persuasive authority. This means that the practice of civil law countries has considerably developed as similar to that of common law counterparts. While they seem to use foreign precedents as persuasive authority like their counterparts, or in the least accept as inspirational
authority, the application of CISG grows to be made in a shared fashion for true uniform laws. This development seems to prosper at the advent of academic database as well as the contribution of CISG experts.
international law is a field of law that deals with the rights and
obligations between countries. The essence of international
community is of decentralized nature, in which the legal order is
formed according to the principle of sovereign equality. However,
there are many perspectives that approach the international
community and international law from a universalistic and
idealistic viewpoint. In other words, if the positivist and
pseudo-oriented view of international law is the reality of
international community and international law, the universalist or
idealist perception of international law can be said to be their
goals. It is true that those two perspectives on international
community and international law are neither omnicient nor
all-perceiving, but complexly intertwined.
The Constitution and international law, which can be considered
the two axes of public law, are closely interrelated to the formation
of a modern absolute state and civic democracy. The absoluteness
of state power and civic democracy are doomed to fate our present
and our future. This is not only such fundamental political order,
but it also has become a foundation for the development of modern
and contemporary order of law. And the two dimensions of order,
politics and law, are developing in a dialectical manner.
Under this background, this paper aims to provide a harmonious
view sprucing up the reality of public law that penetrates both of
the international and domestic society within a large framework. It
is for research purpose and needs an effort of work by reviewing
and analyzing the essence, commonalities, and differences among
various adjacent concepts of the Constitution and international law
discourse.
This paper first begins with a discussion by presenting the
historical development of existing hard legal system that penetrates
the Constitution and international law through their realistic
framework. Furthermore, we look at the softness of international
law, conceptual discourse on the international law and world law,
international constitutionalism and constitutional theory, and a
compendium of world administrative law. We look at the
background for the development of these commentaries, the main
topics of discussion, and their commonalities or differences. Finally
we briefly diagnose and place the future of new sermons that needs
to be adduced due to changes in the international community.
The scholars of international law believe that, regardless of whether the President of the United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution.
On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices.
In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence.
transnational corporations with the ethical and legal standard. Chapter VII suggests the categories of bad practice and best strategic alternative corresponding to each category. The final chapter provides a conclusive remark for the better future.
normally could not pre-consider all circumstances among the individual contracting parties. For this reason, this paper argues in favor of privately administered remedies to fill the paucity of two typical remedies. Moreover, the contractual negotiation or design of contract is considered very important as the contracting parties are most informed about their best of economics besides the official lawmakers. The paper concludes with a short discussion of the electronic commerce in
comparison with the traditional domestic and international commerce.
countries, concluded a final draft in 1978. In 1980, it was adopted as United Nations Convention on Contracts for the International Sale of Goods(CISG). While the treaty is deemed a marvellous success within the purview of uniform private laws, it is also true that there arises a severe criticism. One of criticism points to imprecise and ambiguous terms CISG employs that harms the uniformity in its interpretation. However, I would support the strength of CISG that CISG can be interpreted consistently in itself in terms of its international character, which means imprecision of CISG, short coverage of hardship issues, imbalance between parties, and inept nature to commodity transactions. In support of CISG, these criticisms either overlook the intrinsic difficulties underlying production of the uniform laws or seems to be groundless on various points of views. On the other hand, the true uniform laws presuppose uniformity in the application of treaty. We
can see some extent of difference in terms of the role of precedents between the common law and civil law countries. It is encouraging that the recent practice of civil law countries, including Italy, Poland, Denmark and so on, tend to cite the foreign precedents for the cases of CISG laws. Within the regime of common law countries, the rule of “stare decisis” prescribes that the national precedents should govern as binding authority while those of other common law countries function
to be a persuasive authority. This means that the practice of civil law countries has considerably developed as similar to that of common law counterparts. While they seem to use foreign precedents as persuasive authority like their counterparts, or in the least accept as inspirational
authority, the application of CISG grows to be made in a shared fashion for true uniform laws. This development seems to prosper at the advent of academic database as well as the contribution of CISG experts.
Chapter 1 of this book examines the essence of existing constitution and international law theories directed to the nature of state power, market and civil democracy in a rapidly developing international society in the age of globalization. Most of discussions had been expended to introduce and survey a new legal perception and its logic of reasoning as a law indebted to the concept of world law theory. Chapter 2 studies the core contents of international law according to the chapter on international law and international relations of the United States. It was spelled out to comply with the explanations and comments incorporated within the 4th edition of the Restatement of the United States.
Chapter 3 refers to the legal system characterized as a public law and concerning a regulatory measure over the world market by states. An idealistic class of citizens, who emerged for a capitalist hegemony, generally have a status of sovereign, which came into being as owed to their revolution. However, it is also true that the citizens as an individual or laity are required to obey the regulations of state in the market. The interstate commerce clause of the United States Constitution is generally viewed as being shunned with an intention that state governments' measures to regulate the market should not hinder the prosperity of US market at the federal level. WTO laws known to be the most important international trade law, in fact, have a structure similar to the interstate commerce clause of United States Constitution. In this point of view, scholars gave a name to WTO as the world economic constitutional system. In the same vein, WTO member countries should not hinder the prosperity of a single world market as if the Clause requires pursuing that of a single federal market. Chapter 4 summarizes the core of legal norms, which is purported to study the jurisprudence of global market in coverage of fundamental principles espousing the freedom of contract, laws of sales, contract, documentary letter of credit, basic rule on the agencies of civil law. Therefore, we will be exposed to the laws of United Nations convention on the sales contract (CISG), the United Nations contract law, popularly called Principles as well as short introductions for the agency laws and cases relating the civil dispute of documentary L/Cs.
I am unfeigned to confess that this book is neither thorough nor complete in terms of the craftsmanship of necessary exhaustiveness. So its contents may insufficiently cover issues or discussions as contrary to the author's purpose. However, I have exerted utmostly to include and cover as much as possible what I think is necessary for readers to grasp new theories and basic principles. I plan to add necessary revisions and supplements as opportunities arise. As a scholar, I always feel cautious and sorry about publishing books. However, the development of global market, civil democracy, and the universal legal system related to them is certainly Darwinistic and an evolutionary joy that can be duly sensed in the field of law. I dare to recommend that readers can enjoy.
하여 학술적 외관을 씌운 부끄러운 졸작이다. 그러나 저자로서 작은 소망이 있다면, 그것은 독자들이 함께 살아 온 시간들을 반추하면서, 민주주의와 법치주의의 가치를 조금이라도 음미할 수 있었으면 하는 것이다.
It was motivated to convert an inhumane or insipid experience with the various sources of global ranking into the kind of humanly and cultural experience within our daily lifestyle. Their outlook from presentation is masked with the number purely and perhaps through a myriad of complicated data or ranking information. The concept or self-identification within the experience or exposure would be less substantial or hard to get palpable.
My attempt to improve this aspect of contemporary practice certainly will fall short, but you can sense in some paragraphs or titles. I wrote this small piece of book in the end to take care of human integrity and stories for advancing the inherence and liveliness of interested actors or consumers despite all the wind-heads from the turf of existing ranking sources. The idea hopefully might be compatible with brand personification for the people interested in this area of world phenomenon.
The structure of book was organized in less complete way, but might look cursory and spontaneous. The dealings obviously are never exhaustive unlike the major commercial providers, rather more akin to the consulting webs primarily in direct contact with the customers. Nevertheless, the ranking results finalized through this book is original in its methodology or in terms of data collection although the presentation is little in scope and mainly suggestive as a kind of ranking philosopher. Given my status as a college professor, it would be an unusual chemistry or brought me to shimmer at some point of meditation on how I could rank fairly and meaningfully.
I merely hope that the readership can generously take this attempt as a pilot work or as the kind of post-modern work Avant Gardo or civilization strolls from understanding, criticism. It might be even through a bootstrap with the universal constitutionalism or communicative democracy.
The book had been prepared mainly by editing into each section the previous work of articles and flowing through each of my brief pertaining to the purported ranking. Nevertheless, I am presenting an up-to-date elaboration on the graduate or post-graduate study and KIOSK on research doctorates. As followed by section four, the conventional spectrum of global CU rankings was discussed with a new attempt to measure them. Lastly, a reflection and piece of thought were wrought through little pages titled Epilogue at the end of this booklet.
It was motivated to convert an inhumane or insipid experience with the various sources of global ranking into the kind of humanly and cultural experience within our daily lifestyle. Their outlook from presentation is masked with the number purely and perhaps through a myriad of complicated data or ranking information. The concept or self-identification within the experience or exposure would be less substantial or hard to get palpable.
My attempt to improve this aspect of contemporary practice certainly will fall short, but you can sense in some paragraphs or titles. I wrote this small piece of book in the end to take care of human integrity and stories for advancing the inherence and liveliness of interested actors or consumers despite all the wind-heads from the turf of existing ranking sources. The idea hopefully might be compatible with brand personification for the people interested in this area of world phenomenon.
The structure of book was organized in less complete way, but might look cursory and
spontaneous. The dealings obviously are never exhaustive unlike the major commercial providers, rather more akin to the consulting webs primarily in direct contact with the customers. Nevertheless, the ranking results finalized through this book is original in its methodology or in terms of data collection although the presentation is little in scope and mainly suggestive as a kind of ranking philosopher. Given my status as a college professor, it would be an unusual chemistry
or brought me to shimmer at some point of meditation on how I could rank fairly and meaningfully.
I merely hope that the readership can generously take this attempt as a pilot work or as the kind of post-modern work Avant Gardo or civilization strolls from understanding, criticism. It might be even through a bootstrap with the universal constitutionalism or communicative democracy.
The book had been prepared mainly by editing into each section the previous work of
articles and flowing through each of my brief pertaining to the purported ranking. Nevertheless, I am presenting an up-to-date elaboration on the graduate or post-graduate study and KIOSK on research doctorates. As followed by section four, the conventional spectrum of global CU rankings was discussed with a new attempt to measure them. Lastly, a reflection and piece of thought were wrought through little pages titled Epilogue at the end of this booklet.