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Overcoming Japan’s Imperial Legacies: A Review Essay
Sherzod Muminov 고려대학교 민족문화연구원 2017 Cross-Currents Vol.0 No.25
Japan’s war for empire ended in September 1945, as World War II drew to a close. Pinpointing its outbreak, however, is less straightforward: did it start with the July 1937 Marco Polo Bridge Incident, with the September 1931 Manchurian Incident, or, earlier yet, with the 1910 annexation of Korea? The lack of a single accepted narrative is symptomatic of broader divisions over history between Japan and its neighbors, primarily China and South Korea. As a result, the path toward reconciliation has proven tortuous, beset on all sides by persistent disagreements about past events. Two new books approach these disputes from the perspectives of anthropology (Yukiko Koga’s Inheritance of Loss) and sociology (Hiro Saito’s The History Problem), highlighting the complexity of imperial vestiges inherited by the current generations in East Asia. From their distinct yet complementary vantage points, both books enrich the debate on the outcomes of the Second World War in East Asia. Their findings illuminate the obstacles on the way to reconciliation, but also highlight the potential for compromise...
Proposed Reforms on the WTO's Last-Resort Remedy
Sherzod Shadikhodjaev 법무부 국제법무정책과 2007 통상법률 Vol.- No.75
Since the WTO establishment, only eight disputes resulted in the DSB authorization of retaliation. In practice, however, retaliation has been implemented in six disputes. The inefficiency of this remedy is one of the main reasons for such a modest retaliation practice. First, retaliation is against the free-trade philosophy of the WTO. Second, it is self-defeating, as it may bring more harm than benefit to a retaliating Member. Third, many small and developing countries lack sufficient retaliating power. Fourth, retaliation is prospective. Finally, it does not necessarily target the industries that have benefited from the responding Member's wrongful act. Thus, several proposals have been tabled with respect to e.g. an early determination and application of nullification or impairment, retroactive retaliation, collective retaliation, negotiable retaliation, the gradual increasing the retaliation level over time, and strengthening the role of compensation. Among them, the proposal to permit retroactive retaliation seems be most realistic, since the concept of retroactivity is not very new to GATT/WTO remedies, and fully applicable to general international law countermeasures. In addition, monetary compensation - paid either instead of or in combination with retaliation - would be another serious step towards improving the WTO remedies system.