#02 ULS Winter Session 2017

Session #02 @ New Millennium Hall rm #201

1500 – 1800 HRS

09 JAN 2017

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

20170110-04

  • Ademola Abass, Complete International Law: Text, Cases, and Materials, Second Edition, Oxford University
    • Chapter 03: The Law of Treaties [ summary ]
    • Chapter 06: Territory and the Law of the Sea [ summary ]
  • QNA
    • Lex posterior derogat (legi) priori
    • Jus Cogens and derogation
    • LaGrand Case (2001)
      • Legal effect of ICJ provisional measure
    • KOR-JAP Agreement on Comfort Women
    • Legality of 1905 KOR-JAP Eulsa Treaty
    • Inter-temporal Law and The Island of Palmas Case (1928)
    • Definition of EEZ and Territorial Sea

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YONSEI UNDERWOOD LAW SOCIETY “PACTA SUNT SERVANDA”

Issue #01 Summary of Facts (IEMCC)

Questions Relating to Ocean Fertilization and Marine Biodiversity

(2016 General List No. 170.)

Seungmin P. Jung

Issue #01: Whether International Court of Justice (ICJ) has jurisdiction over the dispute between Aeolia and Rinnuco regarding the ocean fertilization project conducted by Rinnuco.

???

  • 01 JUN 2016 (Record, Page 2)
    • “During a meeting with the President of ICJ, the Parties agreed that the questions regarding the Court’s jurisdiction raised in the Preliminary Objection are inextricably linked to the merits of the questions raised in the Application…
    • and that the questions regarding the Court’s jurisdiction should therefore be heard and determined within the framework of the merits.”
    • Above Agreement given effect pursuant to Article 79 (10) of the Rules of Court
  • 23 JUN 2016 (Record, Page 2)
    • ICJ in accordance with Article 26 of the Rules of the Court, acknowledges receipt of
      • Application instituting proceedings against Rinnuco submitted by Aeolia dated 4 APR 2016
      • Preliminary Objection submitted by Rinnuco dated 10 May 2016
    • case of Questionings Relating to Ocean Fertilization and Marine Biodiversity (Aeolia v. Rinnuco) entered as 2016 General List No. 170

ANNEX A (Record Page 4 – 10)

  • 1. Aeolia and Rinnuco are neighboring coastal sovereign states located on Scheflutti continent.
    • Scheflutti is completely surrounded by the Muktuk Ocean.
    • Scheflutti is located near Greenland in the Arctic Circle.
  • 2. A and R are developed countries that have diversified, industrial economies.
    • A and R both have large fishing industries.
    • Aeolia has a strong ecotourism sector.
  • 3. The marine biodiversity of the Muktuk Ocean is similar to the marine biodiversity around Greenland and the other countries within the Arctic Circle,
    • Narwhals (Monodon monoceros) and other cetaceans inhabit the Muktuk Ocean, and narwhals are commonly seen in the waters off the coasts of A and R.
    • A’s ecotourism industry includes numerous whale watching and other excursions that focus on narwhals.
    • A has a small research institute (the Nautilus Research Institute, led by Dr. R. Downey) that studies narwhals, and one coastal town in Aeolia holds an annual festival celebrating narwhals.
  • 4. United Nations : Aand R are Members
    • Statute of the International Court of Justice : A and R are States Parties
      • A has recognized unconditional compulsory jurisdiction (Art 36 (2))
      • R has NOT
  • 5. Vienna Convention on the Law of Treaties : A and R are States Parties
  • 6. Convention on Biological Diversity (CBD) : A and R are Contracting Parties
    • Both A and R declared in writing to submit to the jurisdiction of the ICJ to resolve disputes concerning the interpretation or application of the CBD (Art 27 (3))
  • 7. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention) : A and R are Contracting Parties
    • 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Protocol) : A and R are Contracting Parties.
      • Upon becoming a Contracting Party, R’s instrument of ratification included the declaration that “in accordance with Art 16 (5) of London Protocol, R notifies Secretary-General of the IMO that when R is a party to a dispute about the interpretation or application of Art 3.1 or 3.2 of the London Protocol, R’s consent will be required before the dispute may be settled by means of the Arbitral Procedure set forth in Annex 3 of the London Protocol.”
  • 8. Convention on the Conservation of Migratory Species of Wild Animals (CMS) : A and R are States Parties
    • Narwhals listed on Appendix II of CMS
    • A and R are both range states for narwhals.
    • Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish, and North Seas (ASCOBANS) : neither State is Party
      • neither State is located within the Agreement Area of ASCOBANS
  • 9. United Nations Convention on the Law of the Sea (UNCLOS) : A and R are States Parties
    • Upon signing UNCLOS, A and R both made written declarations, choosing ICJ for the settlement of disputes concerning the interpretation or application of UNCLOS (Art. 287)
    • 28 MAR 2016 R deposited a notice of revocation of its written declaration (Art. 287), stating that R would not submit disputes concerning the interpretation or application of UNCLOS to the ICJ.
  • 10. United Nations Framework Convention on Climate Change (UNFCCC) : A and R are States Parties
    • Kyoto Protocol to the UNFCCC : A and R are States Parties
      • Both A and R submitted written declarations stating that with respect to any dispute concerning the interpreation or application of the UNFCCC or the Kyoto Protocol, they would submit the dispute to the ICJ (pursuant to Art 19 of Kyoto Protocol and Art 14 of UNFCCC)
      • A and R each committed to reduce greenhouse gas emissions by at least 8% below 1990 levels in the commitment period of 2008-2012
      • R met its quantified emission limitation or reduction commitment
      • A did not.
      • Doha Amendment to the Kyoto Protocol : R ratified
        • R committed to reduce its greenhouse gas emissions by at least 20% below 1990 levels in the second commitment period of 2013-2020
        • A has not ratified.
    • Paris Agreement : A and R have signed but have not yet ratified
  • 11. High-level representatives from Aeolia and Rinnuco
    • 1972 UN Conference on the Human Environment at Stockholm
    • 1992 UN Conference on Environment and Development at Rio de Janeiro
    • 2002 World Summit on Sustainable Development at Johannesburg
    • 2012 Rio+20 Conference at Rio de Janeiro

 

[ Back to Topics Stetson 2017 ]

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Joining 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.

#01 ULS Winter Session 2017

Session #01 @ Theology Hall rm #102

1400 – 1800 HRS

02 JAN 2017

Gabin, Daniel, Minseok, DongA, and Seungmin

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  • Ademola Abass, Complete International Law: Text, Cases, and Materials, Second Edition, Oxford University
    • Chapter 02 Sources of International Law ( 25 – 66p )
    • Latin Phrase List
  • QNA
    • Can two States request the ICJ to disregard a certain legal obligation binding the two States in considering a certain issue?
    • Opinio Juris and S.S. Lotus Case
    • Persistent Objector and Anglo-Norwegian Fisheries Case

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Yonsei Underwood Law Society “Pacta Sunt Servanda”

EARR of the Stetson IEMCC Review

East Asia Regional Round (EARR) of the Stetson IEMCC 2016-2017

Federal States of Aeolia v. Republic of Rinnuco

Ocean Fertilization and Marine Biodiversity

Seungmin P. Jung

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  • Registration Period : October 2016
  • Submission of Memorial : – November 14 2016
  • Registration Fee : $ 150 – 260 USD
  • Contact Point
    • Prof. Ihm, Sahng Hyeog (truthfinder@ssu.ac.kr)
    • T.A. Park Hyebin (gld0486@ssu.ac.kr)
  • Team Members: Hee Dong, Seungmin, Jiseok, Soo Jeong, Hyun Jin, …
  • Analysis of the Record
    • Issue #01: Whether International Court of Justice (ICJ) has jurisdiction over the dispute between Aeolia and Rinnuco regarding the ocean fertilization project conducted by Rinnuco. [ Summary of Facts ]
    • Issue #02: If so, whether Rinnuco was in violation of public international law regarding the ocean fertilization project. [ Summary of Facts ]
    • Treaties at Issue:
      • 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention)
        • 1972 London Protocol
        • Resolution LC-LP.1 (2008)
        • Resolution LC-LP.2 (2010)
        • Resolution LC-LP.4
      • Convention on Biological Diversity (CBD)
      • United Nations Convention on the Law of the Sea (UNCLOS)
      • Convention on Migratory Species of Wild Animals (CMS)
      • United Nations Framework Convention on Climate Change (UNFCCC)
        • Kyoto Protocol to the UNFCCC
        • Doha Amendment to the Kyoto Protocol
        • Paris Agreement
    • United Nations General Assembly Resolution
      • UNGA Resolution 66/288
      • UNGA Resolution 62/215
      • UNGA Resolution 67/78
    • Legal Principles at Issue
      • Precautionary Principle
    • Customary International Laws at Issue
      • Duty Not to Cause Trans-boundary Harm

[ Entries ]   [ #003 ]

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Joining 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.

The Homecoming #001: Courses 2017

The Homecoming #001: MUST TAKE courses list

Seungmin P. Jung

Only 10 credits away from graduation, I have set a few goals to achieve in the year 2017. Listed below are some of – that I believe to be – the best courses offered at UIC, I will surely regret if I miss out on before I leave. Note that despite the fact that I am a Political Science and International Relations (PSIR) major, I cannot but admit that there are more interesting courses offered under other majors. Having satisfied my minimum major credit requirements, I plan to fully exercise my liberty to take these very courses. Also, be reminded that these are strictly personal selections, but please go ahead and consider them too if you will.

  • Seminar Requirement (1)
    • History and Memory in East Asia UIC3514-01-00
    • Modern German History UIC3575-01-00
    • Advanced Debate Workshop UIC3535-01-00
    • Introduction to Continental Philosophy UIC3563-01-00
    • Topics in Classical Greek Philosophy UIC3568-01-00
    • Culture, Media, and the Politics of Beauty UIC3587-01-00
    • The Sociology of Biblical Literature UIC3615-01-00
    • Philosophy of Race and Gender UIC3655-0-00
  • Justice & Civil Leadership
    • Fundamentals of Constitutionalism JCL2003-01-00
    • Citizens, Law, and Policy Making JCL2007-011-00
    • International Intellectual Property Law JCL3103-01-00
    • The Law of International Business Transactions JCL3104-01-00
    • The Rule of Law in Theory and Practice JCL4002-01-00
    • Social Innovation Seminar STP3007-01-00
  • Techno-Art and Division
    • Intellectual Property Rights LAW3130-01-00
    • Strategic Marketing CDM4003-01-00
    • Introduction to Management CTM1001-01-00
    • Technovation: Introduction to Technology Management CTM2001-01-00
    • Introduction to Information Systems Management CTM2002-01-00
    • Strategy for Creative Technology Business CTM2003-01-00
    • Introduction to Data Science CTM2014-01-00
    • Digital Social Media CTM2013-01-00
    • Business Models in Creative Technology Industry CTM3001-01-00
    • Information Science of Entrepreneurship CTM3009-01-00
    • Smart Service Systems CTM3014-01-00
  • Political Science and International Relations
    • American Elections and Campaigns POL3150-01-00
    • Theories of Democracy POL3110-01-00
    • Causes of War and Peace in International Relations POL4830-01-00
    • Political Data Analysis POL4835-01-00
    • Public Choice POL3869-01-00
    • Reconciliation and Justice in East Asia POL3870-01-00

[ Entries ]     [ #002 ]

The Legal Life #014 : Record-breaking Promotion

The Legal Life #014 : Historical Promotion in 13 Days!

Seungmin P. Jung

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As a result of the re-negotiations with the Firm on the 4th of October 2016, both Parties came to an agreement on a record-breaking promotion (at 13th day of work).

Negotiation Time : 21 HRS in total

  • Termination of Internship Program and New Hire as a Full Time Employee
  • Monthly Salary : + 2,160,000 KRW (55.5% increase)
  • Next Negotiations for a Pay Raise in 3 Months
  • Welfare
    • Breakfast (provided daily)
    • Lunch Break : 1135 – 1300 HRS
    • Dinner Welfare Benefits : 7,000 KRW per Day
    • Academic Welfare Benefits (Language Studies) : 100,000 KRW per Month
  • Main Missions :
    • Management of International Cases (general)
    • On the Job Training (OJT) Book
    • In Charge of 2 Major International Clients
  • Current Bank Account Balance : + 30,000 KRW

Seungmin’s Comments : Living conditions are still quite horrible, however, I am hoping this change might make things a little more bearable for me. I am expecting a standard of 0600 – 2000 HRS of regular work during the next 3 month period. It is yet to be determined whether and if so, in what form this Firm will be recommended to ULS Members for future reference. The search for an alternate source of income is still on-going.

[ Careers ]     [ #015 ]

The Legal Life #006 : Managing Budget Issues

The Legal Life #006 : Scraping on Savings and Staying A-float

Seungmin P. Jung

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An old colleague of mine had once taught me that a bag of Nongshim Shrimp Crackers indeed makes a decent meal for those in need.

  • Monthly Minimum Expenditure
    • Transportation Fee : ( 1350 KRW * 2 ) * 20 = – 5,4000 KRW
    • Room Fee : – 300,000 KRW + a
    • Meals : 3500 KRW * 21 = – 73,500 KRW
    • Interests on Loan = – 100,000 KRW
    • Living Costs : – 400,000 KRW
    • Total : – APP 927,500 + a KRW
  • Monthly Expected Earnings
    • Internship Payment : + 1,200,000 KRW
    • Total : + APP 1,200,000 KRW
  • Current Bank Account
    • Total : 30,000 KRW as of 25 SEP 2016

Seungmin’s Comments : All in all, it is nothing short of a financial disaster. An additional source of income seems to be a necessity at this point for survival.

[ Careers ]     [ #007 ]

 

The Legal Life #002 Prep’n I for IP Cont’d

The Legal Life #002 Prep’n I for IP Cont’d

[ D – 1 ]

Seungmin P. Jung

  • 특허의 허와 실, 박검진 [ go ]
  • 세상을 뒤흔든 특허전쟁 승자는 누구인가?, 정우성
  • 변리사 합격의 길, 한빛지적소유권센터
  • e 변리사의 돈 되는 특허 이야기, 이철희
  • 기초에서 활용까지 특허맵 작성 실무, 한국특허정보원
  • 신경섭의 미국 특허 이야기, 신경섭
  • 판례가 풀어 해설한 지적재산권 법전, 로앤비즈

 

[ Careers ]     [ #003 ]

03 SEP 2016 Stetson SG Meeting #002

Stetson Study Group (Team Name pending…)

Record Analysis Meeting #002

  • Participants : Lee HD, Yoo SJ, and Jung SM
  • Meeting #004 on 03 SEP 16, 13oo HRS @ Sinchon Samsung Library RM #B4
    • 2nd Reading of the Record and Analysis
    • Finalizing Request for Clarification
    • Deciding Sides and Developing Argumentation
    • Assigning Research and Designating Parts of the Memorandum
    • Deciding on Team Name and finalizing Application
    • Announcement of Team Schedule
    • Schedule Alignment for SEP – DEC 2016

 

All Team Members MUST be prepared for the meeting by (1) having read and analyzed the Record thoroughly and studied according to the Reading Schedule, (2) bringing questions or requests for clarification on the Record to share with the Team, and (3) a set Schedule for the 2nd Semester in order to coordinate working hours.

[ Varsity ]

The Legal Life #001 : Prep’n I for IP Cont’d

The Legal Life #001 Prep’n I for IP Cont’d

[ D – 19 ]

Seungmin P. Jung

Let me show you how a JS & Associates Partner prepares for an internship program at an elite Law Firm specializing in Intellectual Property Rights and International Arbitration. In order to make a successful come-back from a curious and regretful two year leave of absence from excellence, Seungmin endeavors to reclaim the honour and glory once he had brought to this remarkable organization. Here is the required reading list for Seungmin for the next 19 days. May the odds be forever in your favour, young Sith Lord!

  • Intellectual Property Law (IPR)
    • Insight+ 상표법 2016 (Trademark Law)
    • Insight+ 디자인보호법 2016 (Design Protection Act)
    • (판례가 풀어 해설한) 지적재산권 법전 (IPR explained via Case Law)
  • Civil Law (민법)
    • 2015 법행 바이블, 유승환 (Bible on Administrative Law)
    • 법률용어사전 (Dictionary on Legal Terminology)
  • Arbitration and IPR
    • 2015 Arbitration Course and Reading Material, Prof. Kim Joon Ki
    • The Arbitrability of International Intellectual Property Disputes, William Grantham (1996)
    • Arbitrating International Intellectual Property Disputes, Joseph P. Zammit and Jamie Hu
  • EU and IPR (in relation to R.O.K.)
    • 한국 유럽연합 자유무역협정이 국내 변리사에 미칠 영향 (The Impact Assessment on KOR-EU FTA on Intellectual Property Law Attorneys in Korea)
  • Engineering
    • James Juett, Computer Science and Engineering
    • Jordan, Pat 1947 – Foundations of Excel for Engineers and Scientists
    • Burtrand Russell
  • Legal Research on IPR
    • Westlaw
  • Basic Business English
    • Barron’s Essential Words for the GRE

 

[ Careers ]     [ #002 ]