2017 Spring Semester Syllabus for ULS

Syllabus is now open for view to the public!!

[Click here to access Application Form for YULS]

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This semester we will be exploring the possible legal issues in a hypothetical dispute situation in relation to the Law of the Seas and International Environmental Law.

Members shall set aside time for assigned reading and additional legal research into their weekly schedules to ensure the quality of discussions and active participation. Although no prior knowledge in the field is required, excellent command of the English language is preferred.

Sessions will be held every other Wednesday 1900 – 2130 HRS

  • Textbook :
    • International Law, Malcolm N. Shaw 6th Ed.
    • Brownlie’s Principles of Public International Law, James Crawford 8th Ed.
    • International Law & the Environment, Patricia Birnie, Alan Boyle, and Catherine Redgewell 3rd Ed.
    • 국제법론, 김대순 18th Ed.
Volume I
Week 0

08 MAR

Sources of Public International Law [Crawford]

Subjects of International Law [Crawford]

International Court of Justice [Shaw]

DH : Seungmin
Compromis Analysis (updated version)

i. Acts and Omissions of Ritania

ii. Discuss possible Legal Questions and Implications

Week 1

22 MAR

Sovereignty and Equality of States [Crawford]

Law of the Sea [Crawford]

International Environmental Law [Shaw]

Environment and Natural Resources [Crawford]

DH : (   )

DH : (   )

Week 2

05 APR

The Law of Responsibility [Crawford] DH : (   )
IRAC

Whether EIGP’s acts are attributable to Ritania [Seungmin]

Whether Amalea is entitled to compensation from Ritania [Seungmin]

Volume II
Week 3

26 APR

The Law of Treaties [Shaw] DH : (   )
IRAC

What are the legal obligations of Ritania under the MGT? [Gabin]

Is MGT’s obligations Illusory? [Daniel]

Is the Construction of Excelsior Island legal under PIL? [Daniel]

Week 4

10 MAY

Rights and Obligations of States Concerning Protection of the Environment

[Birnie, Boyle, and Redgwell]

DH : (   )
IRAC

Is Duty Not to Cause Transboundary Harm applicable? [Daniel]

What are Ritania’s obligations under CIL? (Due Diligence)

[Gabin]

Week 5

24 MAY

Wrap up day DH : Gabin
IRAC

Applicable General Principles of International Law [Gabin]

Compromis Overview and Analysis Review

Philip C. Jessup International Moot Court Final Round 2014

@ Yonsei Samsung Library

Week 6

28 JUN

End of Semester Dinner Summer Vacation Period

[Click here to access Application Form for YULS]

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YONSEI UNDERWOOD LAW SOCIETY “PACTA SUNT SERVANDA”

#2 Graduation of Alumnus Joung Kwon

Graduation Ceremony of Joung @ Yonsei Law School

1400 – 1600 HRS

27 FEB 2017

JOUNG, DONGA, AND SEUNGMIN

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“I sound my barbaric Yawp over the roofs of the world” – W. Whitman

We are proud to present to you Joung, our very first ULS member to become a Juris Doctor and a lawyer officially recognized by the Korean Bar Association!! Graduating from Daewon Foreign Language High School as a Spanish Major and Yonsei Underwood International College as a  Political Science and International Law Major respectively with honours, she is a truly talented, widely-admired, and most of all, kind-hearted star standing tall among her peers. We sincerely look forward to all the good you will bring to the wretched and broken legal community of Korea today and wish you insurmountable success in your legal career. Always remember dear friend – even in times of tough decision making – we got your back!

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#01 Dinner w Alumnus Yesul Joy Pae

Dinner w Yesul @ Powerplant, D-Tower

1730 – 2000 HRS

27 JAN 2017

YESUL, DONGA, and SEUNGMIN

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“Once more unto the breach, dear friends, once more!!” – W. Shakespeare

One of the first members of ULS to reach the finals of Philip C. Jessup International Law Moot Court as the varsity team for Yonsei University, Yesul is also a cherished friend and loved colleague of many here. Her work ethics are commendable and her dedication superb. We wish you best of luck and expect nothing less than great things from you on your newly bound journey as a Law School student in the States. Cheers!

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#04 ULS Board Meeting

ULS Board Meeting @ Yonsei University Library

0900 – 1330 HRS

26 JAN 2017

GABIN, DANIEL, DONGA, JINHWAN, and SEUNGMIN

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  • Agendas
    • Preparation for 2017 Spring Semester Study Material
  • Research Assignment
    • For All (Table of Contents + Abstract)
      • The Demise of Equitable Principles and the Rise of Relevant Circumstances in Maritime Boundary Delimitation, Ki Beom Lee
    • Case Summary (edited and improved) + relevant parts
      • The Trail Smelter Arbitration
      • The Corfu Channel Case
      • The Lake Lanoux Arbitration
      • The Case Concerning the Gabcikovo-Nagymaros Project
      • The Case Concerning Pulp Mills on the River Uruguay
      • Case Concerning Land Reclamation by Singapore
      • The South China Sea Arbitration – PCA
      • Australia v. Japan: ICJ Halts Antarctic Whaling 2014 
    • Find relevant Articles
      • United Nations Charter
      • Statute of the International Court of Justice
      • Vienna Convention on the Law of Treaties
      • ARSIWA + Commentary
      • Convention on the Territorial Sea and the Contiguous Zone
      • Convention on the High Seas
      • Convention on Fishing and Conservation of the Living Resources of the High Seas
      • Convention on the Continental Shelf
      • United Nations Convention on the Law of the Sea (territorial sea, contiguous zone, high seas, EEZ, continental shelf, living resources etc)
      • Declaration of the United Nations Conference on the Human Environment
      • Rio Declaration on Environment and Development
      • Draft Articles on the Prevention of Trans-boundary Harm from Hazardous Activities
      • UNCLOS commentary

Next meeting will be held @ Yonsei Library 1300 – 2100 HRS

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The Homecoming #005: Playing My Strengths, Compensating for my Weaknesses

The Homecoming #005: Playing my Strengths, Compensating for my Weaknesses

Seungmin P. Jung

Do What You Are Discover the Perfect Career for You through the Secrets of Personality Type, Paul D. Tieger & Barbara Barron-Tieger

Introverted, Intuitive, Feeling, Judging “Catalysts for Positive Change”

  • Playing my Strengths
    • Integrity and Inspiration as motivations at Work Space
    • Focus on and Single-mindedness about Important Projects
    • Decisiveness and strong Organizational Skills
    • Creativity and Ability to come up with Original Solutions
    • Perspective to see the Big Picture and the future implications of Actions and Ideas
    • Ability to understand Complex Concepts
    • Independent Streak and strong Personal Convictions
    • Drive to be Productive and reach your goals
    • Deep Commitment to work you believe in
    • (not sure)
      • Empathy and Ability to anticipate others’ needs
      • Genuine Interest in others and Talent for helping others grow and develop
  • Compensating for my Weaknesses
    • Single-mindedness that can result in inflexibility
    • unrealistic sense of how long things take
    • tendency to be impractical about viability and/or feasibility of some ideas
    • difficulty working in competitive or tension-filled environments
    • difficulty dealing with conflict and tendency to ignore unpleasantness
    • reluctance to revisit or reverse decisions once they’ve been made
    • difficulty changing plans or directions quickly (not sure)
    • trouble disciplining subordinates with objectivity and directness
    • tendency to be judgmental

[ Careers ]     [ #002 ]

img_1852Joining in 2010, Seungmin is a Founding Member of and Senior Partner at Yonsei ULS. Please be advised: the comment, writing, or column does not represent  the official position of YULS.

#04 ULS Winter Session 2017

Session #04 @ New Millennium Hall rm #114

1500 – 1800 HRS

23 JAN 2017

GABIN, DANIEL, SUN, HEEDONG, DONGA, AND SEUNGMIN

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Gabin: “Today’s session was led by Sun and Heedong who respectively presented on [International Law and Municipal Law] and [International Environmental Law]. Their thorough preparation enabled in-depth discussion of complex legal issues. This session marked the end of the ULS Winter Session 2017 through which ULS members were able to review and hone their knowledge of international law. ULS would like to thank our members for their participation. Stay tuned for an exciting journey in the spring!”

  • Ademola Abass, Complete International Law: Text, Cases, and Materials, Second Edition, Oxford University
    • Chapter 09: International Law and Municipal Law [ summary ]
    • Chapter 17: International Environmental Law [ summary ]
  • QNA
    • Procedural Default Rule
    • Enabling Clause (UK) and Implementing Legislation (Australia)
    • Why is jurisdiction over certain crimes an exception to the Incorporation in Australian Courts?
    • Busan American Cultural Service Building arson case
      • Jurisdiction of the Court (Criminal and Civil)
      • Who puts a check on the quality of court rulings?
    • US – UK – KOR systems
    • consistent interpretation
    • Good Faith and Equity
    • IEL, are all other States relieved of their obligations when one State is in breach of its obligations?
  • Assignment
    • The Newsroom Season 01 Episode 01 (introduction to Deep Water Horizon)
    • Philip C. Jessup 2014 Compromis + Clarification

 

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#03 ULS Winter Session 2017

Session #03 @ New Millennium Hall rm #201

1500 – 1800 HRS

17 JAN 2017

GABIN, DANIEL, SUN, MINSEOK, DONGA, AND SEUNGMIN

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  • Ademola Abass, Complete International Law: Text, Cases, and Materials, Second Edition, Oxford University
    • Chapter 07: Jurisdiction [ summary ]
    • Chapter 13: State Responsibility [ summary ]
  • QNA
    • Public International Law v. Private International Law
    • Passive Personality Principle
    • Citizenship and Foreigner’s School in Korea
    • undocumented aliens in US and Citizenship
    • Yoo Seom Na and Citizenship
    • “Terminal” and Citizenship
    • Is ARSIWA binding?
    • relationship between treaties and UN
    • relationship between Statehood and UN
    • effective control test v. overall control test

 

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[News] LSAT Dates and Deadlines 2017

Asia

United States, Canada, and the Caribbean

Australia and New Zealand

Europe, Middle East, and Africa

South America, Central America, and Mexico

 

 

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Issue #04 Summary of Facts (Philip C. Jessup 2014)

The Differences between the Parties concerning Certain Activities within the Malachi Gap (Amalea v. Ritania)

Seungmin P. Jung

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Issue #04: Whether Amalea had jurisdiction to try and convict Luz for criminal actions related to the Rosehill incident, and has an obligation to immediately return him to Ritania.

(Relevant Facts from the Compromis released by ILSA are listed and cited below)

  • (Para 1) Amalea… an island state, and the Republic of Ritania, a peninsular state, are separated by the Strait of Malachi, a channel connecting the Dorian Sea (to the North) and the Occitan Ocean (to the South)
  • (Para 2) The Strait of Malachi ranges from 217 nautical miles (at its narrowest) to 386 nautical miles (at its widest).
    • At its deepest point, in an area known as the Amalean Trench, the Strait reaches a depth of over 5,000 meters.
    • Within approximately 100 nautical miles of the coast of Ritania, the Strait also contains several oceanic ridges and plateaus, where the water depth is at places as little as 20 meters.
    • A major international sea land traverses some of the deeper areas of the Strait of Malachi.
  • 13 February 2011 (Record Page 15 Paragraph 41)
    • 1500 HRS local time, an Amalean-registered cruise ship (Rosehill) carrying 556 passengers (70% of whom were Amaleans) + 215 crew members of various nationalities departed from Amalea and headed towards Ritania
    • Rosehill‘s first port of call on its regular 20 day voyage around the region : Helios
    • In response to customers’ requests, the Rosehill‘s owners had obtained permission for the vessel to navigate close to the Island
      • (construction of Excelsior Island’s hydroelectric plant was complete and final steps were being taken to develop the wind farm)
      • Excelsior Island (Para 20)
        • the creation of a large, donut-shaped artificial island made of oceanic sand and rock dredged from the Malachi Gap area on the Sirius Plateau.
          • Sirius Plateau is an area of the continental crust in the Malachi Gap approximately 40 nautical miles from the Ritanian coast and approximately 180 nautical miles from the coast of Amalea.
        • the reclaimed land area itself would be located just outside the Malachi Gap, entirely within Ritania’s uncontested EEZ
        • Excelsior Island Gas & Power Limited (EIGP) planned to use Excelsior Island as a facility for the production of seven million metric tons per annum of liquefied natural gas (LNG) from the Erebus field.
        • LNG facility would be powered by an 800-megawatt combined wind farm and hydroelectric plant, to be build just off the coast of Excelsior Island, wholly within Ritania’s uncontested EEZ.
    • As the Rosehill aproached Excelsior Island, (Para 42)
      • a stolen Ritanian-flagged yacht (the Daedalus) under the control of Oscar de Luz, a Ritanian citizen, carrying a crew of 10 and with an undetermined number of others on board, was speeding towards the Island.
    • The Captain of Rosehill saw that his ship was on a collision course with the fast approaching Daedalus and tried to maneuver the Rosehill away.
    • The Captain was forced to veer toward the Island and to accelerate in order to avoid what seemed an imminent collision.
      • Despite what later investigations described as the heroic efforts of the Captain and crew of Rosehill, the ship struck the Island with significant force.
      • The Rosehill‘s Captain immediately radioed the Amalean authorities about the incident.
    • (Para 43) The impact caused ruptures to three oxy-fuel storage tanks on the Island, in turn leading to a series of explosions that killed five of the Ritanian nationals working on Excelsior Island.
      • The explosions also tore large holes in the hull of the Rosehill and caused fires that spread through parts of the ship, which began to sink.
      • Before nightfall, 127 passengers and crew of the Rosehill had died from the explosions, burns, smoke inhalation, or drowning, and 150 others were injured.
      • 89 of the dead were Amalean nationals.
    • (Para 44) Luz steered the Daedalus away from the Island to the northwest.
      • Within minutes of Rosehill‘s distress call, the Amalean Coastal Protection Services (ACPS) issued an alert describing the Rosehill collision as apparently caused by a yacht that had hurriedly left the scene.
      • The alert noted that the yacht had been speeding away bearing west northwest, creating a danger for other vessels.
    • (Para 45) As the Daedalus drew within about 23 nautical miles of Amalea’s coastline, it was picked up on radar by the Icarus, an Amalean Navy Fast Response Cutter, under the command of Captain Walter Haddock.
      • Captain Haddock, who had followed the ACPS alerts, set out at full speed to intercept the Daedalus.
      • When the Icarus was within visual range, Captain Haddock issued an order over several different radio frequencies commonly used by vessels in the Strait of Malachi, ordering the Daedalus to stop.
    • (Para 46) Instead, Luz turned the Daedalus and sped due east, towards Ritania.
      • Haddock pursued the Daedalus, crossing into Ritania’s uncontested EEZ north of the Erebus Gas Field.
      • In an attempt to get the Icarus to veer away, Luz suddenly steered the Daedalus straight towards the Icarus.
      • Captain Haddock kept his vessel on course, expecting that the Daedalus would turn at the last moment, but it did not.
      • The ships collided at high speed.
      • The Icarus suffered some minor damage, but the Daedalus began to sink rapidly.
      • Luz leapt overboard into a dinghy.
      • Captain Haddock’s crew captured Luz in the dinghy, where they declared him under arrest, then brought him on board the Icarus.
      • The crew and passengers of the Daedalus were also taken on board, but it was quickly determined that they had committed no criminal acts, and they were released when the Icarus reached port.
    • (Para 47) Since 1995, Amalea’s Penal Code has specifically included offenses committed in Amalea’s uncontested EEZ and the Malachi Gap.
      • Amalea’s Attorney General concluded that under that Code her country’s courts had jurisdiction to try Luz for violations of Amalean criminal laws, and he was charged with 127 counts of murder, as well as reckless endangerment, negligent operation of a seagoing vessel, and various property crimes.
    • (Para 48) Ritania immediately filed a formal protest with the Amalean Embassy, claiming that the arrest and prosecution of Luz, a Ritanian citizen, were illegal under international law.
      • Ritania argued that it had exclusive jurisdiction over the alleged offenses, and demanded that Luz immediately be returned to Ritania for investigation into whether there was a basis to prosecute him for the Rosehill accident.
      • Ritania also noted that it expected the full cooperation of Amalea, as a signatory to UNCLOS, in resolving the situation regarding Oscar de Luz.
    • (Para 49) Amalea declined to repatriate Luz, noting that Ritanian criminal law did not expressly provide for prosecution of offenses committed outside the country’s territorial waters, and therefore Luz might never be required to answer for his crimes.
      • Instead, Amalea put him on trial.
      • Luz was ultimately convicted of nearly all of the charges against him, and his convictions were affirmed by the Court of Criminal Appeals in June 2012, and by Amalea’s Supreme Court in January 2013.
      • Luz is currently serving a life sentence in a medium-security prison in Amalea, and will not be eligible for parole until 2032.

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img_1852Joining in 2010, Seungmin is a Founding Member of and Senior Partner at Yonsei ULS. Please be advised: the comment, writing, or column does not represent  the official position of YULS.