This thesis is concerned with the question of whether the Korean competition authority is well prepared for the open market with regard to vertical restraints. This further brings some issues such as of whether the authority partially scrutinises enterprises without proper evidences based on economics. This question has come from the following, ‘what is the fundamental matter in competition laws of Asian developing countries which have different economic development backgrounds than western developed countries?’ This subject has brought a question, even now, to the point the relationship between macroeconomic and microeconomic policies in the middle of competition law. Most of competition scholars focus on microeconomic way of competition law and policy but, in fact, it often seems that macroeconomic concerns have influenced competition laws in developing countries such as the Republic of Korea. Because the Korean economy is still fledging and experiencing further challenges for development, the Korean competition law should be more experimented in order to adjust to the rapid changes in global economy. This task should be done in both macro- and microeconomic levels and also a critical analysis of competition law of the Republic of Korea with reference to the US and the EC since these regimes have diverse legal techniques. Furthermore, since the Korean competition law was heavily influenced by the Japanese antimonopoly law, a comparative study of the Japanese law is necessary. This thesis aims to develop the Korean competition law on vertical restraints through a critical assessment by economics and comparative studies. This is, therefore, the first means for testing concerning vertical regulation that is probably still controversial in the Korean market.

This thesis argues that international regimes exist within the international legal order. The use of regime theory to explain international regulation of an issue-area, although first introduced as a legal concept, has been primarily explored in the discipline of international relations. That discipline has for the most part, however, under-emphasised international law. In an effort to promote interdisciplinary research on the nature of the international legal order, this thesis explores the concept of international regimes within the international legal order, using examples of global environmental change. A discussion of the schools of thought within international law is undertaken, with the policy-oriented approach to be utilised in this thesis. The policy-oriented school, which views international law as a process, can incorporate the process of regime formation and development within its framework. An examination of the general international law applicable to climate change and ozone layer depletion is then undertaken, to help explain the need for regime formation in those areas. A discussion of the role of regimes within international law follows, including their formation, maintenance, source of legal obligation, and compliance mechanisms. The strength of a regime's normative or shared expectations, or norms and rules, depends on the shaping of cognitive expectations, or knowledge. These cognitive expectations are in turn dependent on the degree to which uncertainty regarding issues critical to the particular regime has been overcome. An examination of the critical issues particular to climate change and ozone layer depletion is made, as well as how regimes can overcome uncertainty. This is followed by a discussion of regime catalysts. Analyses of the ozone layer depletion and climate change regimes are then made, and an argument for their inclusion as law within the policy-oriented school is made. The thesis concludes that regimes are present within the international legal order and play a vital role in maintaining that order. Thus, this thesis aims to make an original contribution to the discipline of international law through the study of regimes, which signal the presence of the international legal order where it has previously been ignored or deemed nonexistent.

This thesis examines the practices and procedures of the Human Rights Committee, the body established under the International Covenant On Civil And Political Rights (ICCPR) (1966). Chapter 1 examines the origins of the ICCPR, the principal drafting issues that arose, and the significance of the ICCPR in international law. Chapter 2 examines the organisation and the institutional characteristics of the Human Rights. Committee. Chapter 3 examines and evaluates the practices and procedures of the Human Rights Committee under the reporting procedure in article 40 ICCPR. Chapter 4 examines and evaluates the practices and procedures of the Human Rights Committee under the provisions for individual communications in the Optional Protocol to the ICCPR. Chapters 5-12 examine the jurisprudence of the Human Rights Committee under the reporting procedure (article 40) and the Optional Protocol in respect of selected articles of the ICCPR. Chapter 5 considers article 1 (self-determination). Chapter. 6 considers article 2 (general obligations to respect and ensure the rights in the ICCPR, to give effect to it, and to provide a remedy in the event of violation). Chapter 7 considers article 4 (derogation provision). Chapter 8 considers article 6 (right to life). Chapter 9 considers article 7, (torture and other prohibited treatment and punishment), and, in part, article 10 (treatment of persons deprived of their liberty). Chapter 10 considers article 14 (fair trial). Chapter 11 considers article 19 (freedom of opinion and expression). Chapter 12 considers article 20 (war propaganda and advocacy of national, racial or religious hatred). Chapter 13 provides a general appraisal of the the work of the Human Rights Committee.

This thesis is a genealogical inquiry into law’s conditions of possibility for political critique as/and resistance. Questioning law’s claim to normativity, it argues that law is a performative discourse that generates and presents its normative materiality through performative iterations. From the constitution of sovereignty to the formation of the legal subject; from the rituals of legislation to ceremonials of adjudication, there is a performative logic that contingently conditions law’s generation of the normative reality of the present. Arguing that law’s normative representation and expression of sovereignty, the subject, and politics closes the possibility for change and becoming; contesting law’s claims to rationality, objectivity, neutrality, autonomy, and universality; it puts forth a performative epistemology of law that is attentive to power and discourse; and to the production of knowledge’ and the ‘generation of truth.’ Calling attention to law’s entanglement with power and the violence of exclusion and domination; it brings historical inquiry into the orbit of law and legality. The thesis presents the political trial both as: (1) a moment that subverts law’s normative claims to rationality, autonomy and value-neutrality; and (2) as a power-knowledge formation capable of accommodating fresh articulations of hegemonic norms. Drawing on Foucault’s conceptions of power and resistance, I will offer strategies and tactics that: (1) formulate and circulate strategic knowledge of power in law; and (2) open up new sites of struggle for what I call a performative-genealogical intervention.

This thesis is concerned with the problems met by the antitrust authority of the Anti-Monopoly Law (the AML 2008) of the People’s Republic of China (PRC) during its merger control assessment. It provides solutions to some of these problems with reference to EU competition law. Although the thesis cannot solve all the problems once for all, it does provide effective solutions to the two following important issues: Firstly, how to make the horizontal merger analysis in China better predicts the effects of merger on the competitive process? Secondly, how to improve the public transparency of antitrust merger assessment in China? Chinese Anti-Monopoly Law's horizontal merger assessment is still immature and experiencing further challenges for development. In order to establish a more appropriate and transparent merger control regime, the thesis chooses EU competition law to compare. Not only because it is more advanced, but also, because the AML 2008 is heavily influenced by the regime. However, it is noteworthy that the experience from EU cannot solve all problems met by Chinese antitrust authority; especially those are caused by Chinese political and economic structure which EU did not have. Nevertheless, by solving the problems met in the above two aspects, the thesis has contributed to a more effective and transparent horizontal merger control regime for Chinese Anti-Monopoly Law. Translations of titles, authors, and publishers from Chinese works are unofficial, and the laws in this thesis are up to date at 30 June 2013.

This monograph, which the author submits as a Thesis for LL.D. degree of the University of London, deals with a controversial subject. In fact, the problem of application of private law in international law is so controversial that in the course of the writing of this thesis doubts were frequently arising in the mind of the author whether the subject ought to be dealt with in a University dissertation. These doubts have rather increased than diminished since he decided not to confine himself as a mere registration of opinions of publicists and writers of text-books, but to examine whether the current opinion is in accordance with the practice of states, and whether it has been really incorporated into the science of international law.

The thesis provides an analysis of multilateral trade lawmaking in the GATT and the WTO from the late 1940s to the current Doha Round negotiations. It investigates the discourses, practices, techniques, and legal concepts that have come to define what it means to make trade law. These elements are essential to multilateral trade lawmaking insofar as they provide trade negotiators with a way to frame their arguments and to go about negotiating, and with the tools to construct trade policy disciplines and to record them in legal form. On the other hand, they are also limiting, in that they endorse certain ways of going about trade lawmaking as normal, and delimit what negotiators and their audiences perceive as reasonable, legitimate, and realistic arguments in the lawmaking process. The aim of the thesis is to destabilise these elements of trade lawmaking by revealing their contingent and often contested origins, and by showing how they foreclose alternative conceptions of the objectives, means, and possibilities of trade lawmaking. While the dissertation does not provide a full-fledged normative critique of the elements of lawmaking, it attempts to elucidate the discursive, practical, technical, and legal underpinnings of trade lawmaking that any such reform effort will, of necessity, confront.

This study examines the suppression through international law of the illicit production, supply and use of drugs. The study focuses upon the provisions relating to the suppression of illicit drugs in the 1961 Single Convention on Narcotic Drugs, the 1971 Psychotropic Convention, the 1972 Protocol to the Single Convention and the 1988 United Nations Convention Against Illicit Drug Traffic in Narcotic Drugs and Psychotropic Substances. It examines the content of the obligations imposed on states party by these conventions, and gives select examples of how these provisions have been incorporated into domestic law. Chapter one introduces the global drug problem, the policy options available to deal with it, and the regulation of this problem by a system established by international law. Chapter two places the international drug control system in historical context. Chapter three examines the crimes and penalties that the drug conventions require Parties to create in their national law. Chapter four examines the provisions in the drug conventions that deal with jurisdiction over drug offences, extradition of drug offenders, and miscellaneous procedural provisions. Chapter five investigates the international regulation of enforcement in the sense of actual policing, prosecution and punishment of drug offenders. Chapter six examines the alternative methods of control of illicit drug related activities provided for under international law, such as treatment and rehabilitation. Chapter seven examines the supervisory organs of the international drug control system, the supervision of the system and its execution and enforcement. Chapter eight attempts a general comment upon the nature of the system and its aim of suppressing illicit drug use. While the major concern of this study is an examination of the technical rules of international law designed to suppress illicit drugs, it is also concerned with the policy of prohibition that underpins these rules, because of the interrelationship between this policy and the shape of the international legal provisions designed to implement it.

Since the late 1980s, the terms of 'sustainable development' have been frequently referred to both in international environmental law instruments and in the doctrine. In spite of such references, however, sustainable development has remained poorly developed in terms of its meaning and of its practical and normative implications. This thesis purports to come out with a partial picture of what sustainable development means (or does not mean) in the restricted context of international environmental law. To do so, it will try to identify in which respect and how far sustainable development has influenced and has been reflected in the evolution of some selected principles of that law. Each principles is considered in an evolutionary perspective, from the time of its inception to the time of its 'association' to sustainable development.

There is a ‘right to life’ Article in a number of international and regional human rights treaties which is not currently being employed to give the full potential effect to the right. There are issues arising ‘beyond the horizons’, particularly with regard to the identity of the rights-bearer, the ‘human’ in the international law of human rights, that fail to be addressed by a restrictive interpretation. For instance, a failure to recognise the human represented by human genetic material and to record it the respect called for by an expanded notion of human dignity has implications for the future, when ‘new humans’ – clones, hybrids, chimera – might enter the realm of created beings, with, it is argued here, a valid claim to respect for their human rights entitlements, including that their right to life shall be protected by law. In order to establish the potential scope of the right to life treaty provision, the texts are introduced and a case is made for the validity of a dynamic and evolving interpretation of the right, the ‘living instrument’ approach, within the international legal framework established by the Vienna Convention on the Law of Treaties. The human identity is then examined across a number of disciplines, as well as in law, in order to challenge an interpretation that places any requirements on the rights-bearer of ‘personhood’. The proposed solution is to argue for broader definitions, both of the human and of the life protected, than is currently the case, and for a greater realisation of what is at stake in human rights jurisprudence regarding the right, involving issues of the moral nature of the protecting law. A failure to realise and act upon the issues raised will allow intolerable injustice to be perpetrated.