Title: Newly arising issues on the limitation of intervention law and refugees under the North Korean Human Rights Act of 2004
Authors: Heewon Han
Addresses: 319 N. West Street Apt #221, Indianapolis, IN 46202, USA
Abstract: An Act must have a jurisdiction in order to become validly enforceable and to have legitimacy as a law. From this point of view, one of the purposes of this article is to find the validity and legitimacy of the North Korean Human Rights Act as an intervention law by reviewing the legal ground especially with regards to the traditional theory of humanitarian intervention and under the international peace and security prospective which is the aim of the United Nations. At first I introduce general information and the human rights situation of the Democratic People|s Republic of Korea through the resolutions and special reports to the North Korea of the UN and other diverse documents. Then I examine logical and practical legal grounds for legislation of the NKHR Act.
Keywords: China; human rights; humanitarian intervention; intervention law; North Korean Human Rights Act 2004; refugees; North Korean refugees; UNHCR; United Nations; use of force; validity; legitimacy.
Atoms for Peace: an International Journal, 2007 Vol.1 No.4, pp.355 - 422
Published online: 20 Nov 2007 *
Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article