Jang, J. (2014) Issues and tendencies in reforming Korean law of international jurisdiction. Hanyang Journal of Law, 1. 4. pp. 97-126.
Abstract
Korean law of international jurisdiction had relied heavily on the Koreanized form of the “special circumstances” doctrine until 2001, when the general clause of Article 2 was introduced. While this clause was greeted by the courts and cherished by the private international academia that led the process of creating it, the courts failed to implement Article 2 in a coherent and consistent way. In this background, it is undeniably a significant move for the Korean Ministry of Justice to work for a comprehensive legislation for international jurisdiction. The most crucial and perhaps the hardest issue will be the question of certainty versus flexibility. The drafters would need to aim at the optimal balance between the two considerations, in formulating each independent rule as well as general clause(s). In this respect, it is all the more interesting to see what kind of value judgment will be made and how it will be expressed in language in the Private International Law Reform Committee in Korea.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2014 Hanyang Journal of Law. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 09 Mar 2018 12:41 |
Last Modified: | 09 Mar 2018 12:41 |
Status: | Published |
Publisher: | Hanyang Journal of Law |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:128220 |