S. Geopolitics of Law and Conflict on the Korean Peninsula

Through a military agreement in 1953, the Korean War reached a cessation of hostilities in pursuance of peace. Yet 66 years later, Korea has remained divided, the economic disparity between the North and South has grown, North Korea now possesses ICBM capabilities, and the
regional balance of power faces a rising China. This course focuses on the complex domestic and international legal frameworks that inform the "Korean Question" in foreign policy today.

Throughout the course we will examine the relationships of both South Korea and North Korea with surrounding powers (including the United States), as well as the geopolitical impact of North Korean activities and behavior within the context of existing international legal and
institutional frameworks. This course will also provide students with the opportunity to study the North Korean legal system and some of its domestic legislation.

Part I explores how division and nuclearization resulted from both a peace treaty and a temporary Armistice Agreement. We will begin by addressing the legal fictions produced by the 1951 Treaty of San Francisco ending WWII in Asia, and its implications for present-day North
and South Korean relations with Japan, China, and Russia. It also involves an in-depth analysis of the North Korean Constitution, hereditary succession, and the use of nuclear weapons for survival.

Part II focuses on North Korea's weapons of mass destruction, missile program, and human rights abuses within the context of the existing international treaties regime. It covers topics relating to the legal aspects of negotiating with a nuclear North Korea, including: the effectivity
of sanctions, the role of Congress and the US Federal Courts, criticism of the Nuclear Non-Proliferation Treaty (NPT), and the impact of the 1994 Agreed Framework and KEDO.

Part III focuses on a critical examination of the international and domestic legal issues related to establishment of a permanent peace regime, or immediate confidence building measures, on the Korean Peninsula. This includes an assessment of the mechanisms by which to declare war or peace within international law and the domestic legal regimes of the United States and South Korea. Recent advancements in inter-Korea relations are also assessed, including: the territorial disputes of the Northern Limit Line, the 2018 Inter-Korean Military Agreement, and a "neutral" unification.

Throughout the seminar, our goal is to gain a better understanding of the way in which North Korean law and legal institutions, regional mechanisms, and international law interact over North Korean issues (denuclearization, human rights) to form the outcomes we observe today. In addressing the legal dimensions that have informed the foreign policy approaches towards North Korea, we will work to improve our ability to gauge future developments in the law and politics of the peninsula and region.