Scholar Stresses Study on Post-Unification Era
By Kang Hyun-kyung
Staff Reporter
A law professor said Thursday that now is the time for the government to start discussions on socio-economic and political aspects of state succession, the process by which sovereignty of one nation is transferred to another, to better prepare for the post-unification era.
``Some positive signs in the security environment on the Korean Peninsula, such as the U.S. government's removal of North Korea from the list of states sponsoring terrorism, came recently. The shifting security environment inspires practitioners and academics to turn their eyes to the post-peace building era,'' said Lee Jang-hie of the Hankuk University of Foreign Studies in Seoul.
``State succession, the replacement of one state by another in the international relations of territory, tends to generate major issues like whether or not a government that took over a sovereignty of another state has obligations regarding property and debts that occurred as a result of treaties the predecessor signed with other countries before the process,'' Lee said at a forum in Seoul.
The professor presented a five-point guideline that policymakers should keep in mind for possible state succession in the future.
``First, the government should consider a deep gap in economic growth and social capital such as the maturity of civil society between North and South Korea," he said.
``The deep disparity in the socio-economic status between the two will make it difficult for the government to apply theories designed for countries having equal powers and resources to the one between North and South Korea,'' Lee said.
He said policymakers should study the treaties signed between Pyongyang and other governments or Chinese businesses regarding northern territories.
``It is highly likely that the government, if state succession occurs, will allow Chinese businesses that signed contracts with Pyongyang to exploit natural resources there to keep doing business until the expiration date as international law requires the government to do so,'' Lee said.
In addition, Lee said policymakers should review thoroughly the legitimacy of the government, U.S. Forces Korea, and other countries' state succession cases to better prepare for possible unification.