Korea and TWAIL: Does She Fit into the Picture?

in The Korean Journal of International and Comparative Law
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Abstract

The historical experiences of Korea around the 19th century do not seem to fit well into the theoretical perspective of TWAIL. It was not Europeans who colonized Korea. Cultural differences cannot explain the Korean experience of exclusion and marginalization as they were brought about by Japan and China who belong to the same cultural sphere as Korea. The cause of imperialism and colonialism may not be confined only to cultural differences. It is not only Europeans who were imperialist and colonialist. Even though it is an undeniable fact that imperialism and colonialism were largely exerted by Westerners, imperialism and colonialism are not solely racial problems. These facts, together with many other facts about Korea, suggest the necessity of a revision of some of the assertions of TWAIL.

Korea and TWAIL: Does She Fit into the Picture?

in The Korean Journal of International and Comparative Law

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References

10)

Suntersupra note 2 at 480.

11)

Mickelsonsupra note 8 at 353.

13)

Suntersupra note 2 at 478.

14)

Mutuasupra note 4 at 36.

18)

Yongkoo KIMsupra note 17 at 72–76.

21)

KIMsupra note 17 at 76–79.

25)

Lisupra note 17 at 50 (citing Fairbank’s record).

27)

Lisupra note 17 at 31.

28)

DONGsupra note 26 at 63.

35)

Nelsonsupra note 29 at 87 (citing H. A. Giles A Chinese-English Dictionary 1245 (Kelly & Walsh Shanghai 1912)).

36)

Gilessupra note 19 at 836 (1912).

37)

Nelsonsupra note 17.

40)

Nelsonsupra note 17 at 129–130.

42)

PARKsupra note 22 at 22.

43)

Nelsonsupra note 17 at 146.

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