This book delivers an in-depth analysis of the US-DPRK Peace Treaty which will be concluded as a final result of the Korean Peninsula peace process that is currently ongoing. Since North Korea launched its nuclear weapons development program in the early 1990s, the Korean peninsula has become a critical point of global politics along with the Sino-American (G2) hegemonic competition. The US-DPRK Peace Treaty is the key to the denuclearization and de jure peace on the peninsula as well as Northeast Asia. Different from the comprehensive peace treaty between the four parties (US, China, and the two Koreas) already proposed for the past few years, the book suggests a ‘bilateral’ approach to the agreement between the US and the DPRK, which will trigger the peace as a system considering the US’s practices in this regard after 1783. Such a challenging and provocative method provides deeper understanding of the legal and political circumstances for the expected US-DPRK Peace Treaty. The book will navigate scholars, practitioners, and students towards terminating the 1953 Armistice, establishing nuclear peace as well as a rapprochement between the two countries. In practice, it will be a useful guideline for the conflicting parties in the various parts of the globe to adopt peace treaties in the twenty-first century.
Author(s): Eric Yong Joong Lee, Ridoan Karim
Publisher: Springer
Year: 2022
Language: English
Pages: 225
City: Singapore
Preface
Contents
Agreement between the United States of America and the Democratic People’s Republic of Korea on the Termination of the 1953 Armistice, Denuclearization and Rapprochement
Chapter I: Mutual Respect and Recognition
Chapter II: Termination of the 1953 Armistice
Chapter III: Military Confidence and Disarmament
Chapter IV: Denuclearization of the Korean Peninsula
Chapter V: Normalization of Relationship
Chapter VI: Economic Cooperation
Chapter VII: International Commission for Monitoring, Control and Supervision
Chapter VIII: Final Clauses
Preamble
Introduction
History (1953–2019)
The Korean Armistice Agreement
Geneva Peace Conference of 1954
Geneva Agreed Framework (1994)
The September 19 Joint Statement
The February 13 Agreement
Panmunjeom Declaration
North Korea-United States Singapore Summit, 2018
North Korea–United States Hanoi Summit, 2019
Negotiations
Genesis
US-DPRK Peace Talks and Bilateral Peace Treaty
Comprehensive Peace Treaty
Legal Effect of Preambles under International Law
The Interpretative Function of Preambles
The Supplementary Function of Preambles
Analyses
Paragraph (a)
Paragraph (b)
Paragraph (c)
Paragraph (d)
Paragraph (e)
1 Mutual Respect and Recognition
1.1 Introduction
1.2 Article 1
1.3 Article 2
1.4 Conclusion
2 Termination of the 1953 Armistice
2.1 Introduction
2.2 Article 3
2.3 Article 4
2.4 Article 5
2.5 Conclusion
3 Military Confidence and Disarmament
3.1 Introduction
3.2 Article 6
3.3 Article 7
3.4 Article 8
3.5 Conclusion
4 Denuclearization of the Korean Peninsula
4.1 Introduction
4.2 Article 11
4.3 Article 12
4.4 Article 13
4.5 Conclusion
5 Normalization of Relationship
5.1 Introduction
5.2 Article 14
5.3 Article 15
5.4 Article 16
5.5 Article 17
5.6 Article 18
5.7 Conclusion
6 Economic Cooperation
6.1 Introduction
6.2 Article 19
6.3 Article 20
6.4 Article 21
6.5 Article 22
6.6 Conclusion
7 International Commission for Monitoring, Control, and Supervision
7.1 Introduction
7.2 International Commission
7.3 Conclusion
8 Final Clauses
8.1 Introduction
8.2 Article 24
8.3 Article 25
8.4 Article 26
8.5 Conclusion
Conclusion
Appendix A Korean Armistice Agreement
Appendix B Inter-Korean Basic Agreement
Appendix C Geneva Agreed Framework
Appendix D Joint Statement of the Fourth Round of the Six-Party Talks
Appendix E Initial Actions for the Implementation of the September 19 Joint Statement
Appendix F Panmunjom Declaration on Peace, Prosperity, and Reunification of the Korean Peninsula
Appendix G Agreement on the Implementation of the Historic Panmunjom Declaration in the Military Domain
Appendix H Outcomes of the Six-Party Talks
Appendix I UN Security Council Sanctions on North Korea
Appendix J A Draft Treaty for the Korean Nuclear Weapon-Free Zone
