Keynote Address

by H.E. Cho Tae-yul

Vice Minister of Foreign Affairs

at the Opening Ceremony of the 2016

Seoul Academy of International Law

July 4, 2016

Chancellor Yun,
Ambassador Shin,
Professor Damrosch,
Distinguished Guests,
Ladies and Gentlemen,

Good morning and a warm welcome to this inaugural ceremony of the 2016 Seoul Academy of International Law. Allow me first to commend Ambassador Shin Kak-soo, whose leadership has made possible the successful launch of the Academy today. I would also like to thank the distinguished foreign experts who have travelled a long way to join us at this special event.

This year marks the 140th anniversary of the Korea-Japan Treaty of Amity of 1876, also known as the Kanghwado Treaty, the first modern treaty ever signed by Korea.

The Treaty has its critics in many respects, since it was a typical “unequal treaty”. But it is also true that the Treaty provided an eye-opening experience for Korea in dealing with international affairs. It triggered a small group of Korean scholars to study treatises such as Henry Wheaton’s Elements of International Law, and to pursue their interest in the law of nations.

Their interest was perhaps grounded in the belief that international law could serve as a useful tool in safeguarding Korea’s sovereignty and independence. Yet, what they witnessed afterwards was the demise of the Korean Empire with its forced annexation to Japan in 1910. The limits of the international law at the time were too apparent, with nations allowed to go unchecked for illegal and unjustifiable acts against other sovereign states to achieve policy goals.

However, as civilizations evolve, so does international law. The experiences of the international community in the 20th century including the two tragic world wars and subsequent developments have led to a more sophisticated system of enforcement of and compliance with international law as prescribed in Chapter 7 of the UN Charter.

In addition, the Vienna Convention on the Law of Treaties adopted in 1969 formally introduced the concept of jus cogens which transformed the traditional understanding of international law based on discretionary will of individual states.

Such an evolution of peremptory international norm is just one example of the dynamism of international law, reaching a solution that contributes to maintaining world peace and security. In a similar vein, developments in the protection of human rights and the environment demonstrate how international law fosters cooperation among states in addressing both regional and global challenges.

In this regard, it is very timely and relevant that the Center for International Law, with its mandate of both conducting research and nurturing experts, is setting up an Academy, for two reasons.

One is that Korea has nurtured a tradition of strong emphasis on international law in its governmental and international affairs. It is against this backdrop that we are sharing our experiences in the practice of international law in an academic setting such as this one.

In the aftermath of the Second World War, the Korean government had to deal with the issue of a legal settlement of claims arising from the defeat of Japan and de-colonization, and also had to bear the brunt of the Cold War by fighting the Korean War from 1950 to 1953.

In both instances, international law guided the Korean government’s actions and follow-up measures.

In the case of the Korean War, Korea complied with the letters and spirit of international legal instruments, including the rules of the Geneva Convention on the humane treatment of prisoners of war.

In the case of the legal settlement of claims between Korea and Japan, a group of international precedents following the end of hostilities in the de-colonization era let Korea focus on the final and comprehensive settlement in the negotiation for the normalization of basic relations between the two nations.

During the negotiations with Japan for normalizing diplomatic relations, the Treaty Division of Korea’s Ministry of Foreign Affairs had fifteen members, a sizeable number given the limited financial and human resources of the then Korean government. This episode illustrates the emphasis we put on international law at that time.

And over the decades, international law has been instrumental in the Korean government’s approach to other thorny issues, such as the treatment of long-time Korean residents in Japan and the protection of their human rights, the issue of the so-called Comfort Women, as well as maritime issues.

Moreover, in multilateral forums, Korea has also contributed to the establishment of institutions and regime formation through constructive engagement and suggestions. When states struggled to reach a consensus on the jurisdictional basis of the International Criminal Court (ICC), Korea proposed a selective system that would make relevant the consent of the State of the accused, but at the same time broaden the Court’s jurisdiction. I am proud to note that this paved the way for the adoption of the jurisdictional provision in its current form in the Rome Statute. It was Ambassador Shin, the host of today’s event, who played a central role in this regard.

And in the Conferences of the Parties of the United Nations Framework Convention on Climate Change as well, Korea was very active, suggesting a new paradigm of low-carbon green growth, and now hosts the Green Climate Fund (GCF), headquartered in Songdo, Incheon.

Taken together, I believe that Korea’s actions reflect the importance it attaches to international law and international law-making as an active member of the international community.

Second, Korea maintains a pool of experts in the field of international law, who have served or are serving terms at important international institutions. They could assist the Academy collectively as mentors, advisers and even instructors in teaching and disseminating international law.

These experts cover a wide range of international legal disciplines. For instance, in international criminal law, we have Professor Song Sang-Hyun, former President of the International Criminal Court (ICC) as well as Judge Chung Chang-Ho; Mr. Kwon O-Gon, former judge at the International Criminal Tribunal for the Former Yugoslavia (ICTY); and Mr. Park Seon Ki, former judge at the International Criminal Tribunal for Rwanda (ICTR) currently serving as a judge for the UN Mechanism for International Criminal Tribunals (MICT).

We can find Korean experts in other areas of international law as well: Professor Paik Jin-Hyun, judge at the International Tribunal for the Law of the Sea (ITLOS); Professor Park Ki Gab, Member of the International Law Commission (ILC); Professor Hong Seong-Phil, Member of the Working Group on Arbitrary Detention at the Office of the United Nations High Commissioner for Human Rights (OHCHR); and Professor Chang Seung Wha, who has just completed his first term as a Member of the Appellate Body at the World Trade Organization (WTO).

As I understand it, some of the experts I have just named will teach courses at the Seoul Academy of International Law this year. I am confident that they will offer their on-hand knowledge in the field and the insight they have acquired while touching on the most complex and contentious issues and cases of international law.

So, it is no wonder that the Seoul Academy of International Law is being launched to offer courses on the contemporary issues of international law taught by world-renowned scholars and practitioners.

Distinguished Guests,

I have just elaborated on the Korean government’s tradition of strong focus on international law and the deep pool of Korean experts in this field. The Center for International Law has now embarked on an important mission of teaching international law to students, scholars and practitioners, not only from Korea but also from other countries in the Asia-Pacific.

So I would like to share my thoughts on how effectively the Academy can continue to attract the best and brightest interested in international law, especially those from the broader Asia-Pacific region.

First, it needs to maintain a balance in the curriculum between topics of global importance and those of regional significance.

As we are all aware, there are other courses on international law globally, from The Hague Academy of International Law to the Singapore International Arbitration Academy, the Rhodes Academy of Oceans Law and Policy, the Academy on Human Rights and Humanitarian Law, and the Academy of WTO Law and Policy, all renowned courses on specialized fields of international law.

Each of them has its own emphasis in the course offerings. I believe that the Seoul Academy of International Law can find its unique niche by fulfilling the needs for general international legal theories and practices, while simultaneously addressing the needs for international law in a regional, more specifically Asia-Pacific, context.

This is why I am delighted to find that this year’s curriculum strikes a balance between these two target needs, thanks to the Center for International Law’s strenuous efforts.

I hope that the Seoul Academy of International Law will stay on this course for years to come. This way, the program can offer exceptional value to the participants coming from this part of the world. At the same time, such regional flavor can become this program’s distinct and distinguishing feature vis-à-vis other courses.

Second, the Seoul Academy of International Law can facilitate lively discussions, not just on the coursework, but on broader region-specific issues as well, and thereby enhance understanding based on mutual respect.

The Seoul Academy’s participants come from various jurisdictions, but share the commonality of being academics or practitioners of international law. This “diversity in unity” is a great mix that can allow for exchange of insights on international legal issues as well as on their practical solutions.

And in a sense, the fact that most participants hail from the same part of the world can stimulate them to explore common strategies on thorny international legal issues in the region -- from territorial and maritime issues in the South China Sea to questions involving North Korea’s nuclear weapons program and proliferation issues, as well as responses to the challenges such as human trafficking, narcotics and piracy.

These issues offer no easy answers, but the Academy could inspire the participants to simulate a collective bargaining process, focusing on the promotion of a common understanding of the challenges and opportunities inherent in the region. The objective, of course, would be to construct a cooperative regime, and see if a sense of neighborliness plays any important role in reaching solutions.

As we can clearly see from the participants’ profiles, they are future leaders and “movers and shakers” in the making. So I believe that such intellectual exercises will no doubt help them come up with creative and innovative approaches to age-old regional problems and challenges when they are in a position to formulate policies and make decisions.

Distinguished Guests,

Today’s opening of the Seoul Academy of International Law is significant. It reflects a renewed interest in international law in Korea and in the Asia-Pacific. Moreover, this is an undertaking that Korea has introduced so that the Academy will bring together the region’s future leaders and inspire them to settle conflicts and reach agreements, based on a firm understanding of international law, and in a spirit of mutual respect.

I sincerely hope that the Seoul Academy of International Law will build a bridge to a future in the Asia-Pacific region that is rule-based, cooperative, and thriving, and I would like to ask each and every one of you present here today to join in our efforts towards this end.

Thank you. /END/