Amidst the global wave of democratization, modernization, and economic engagement during the 1980s and 1990s, the traditional tenets of constitutionalism have proven to be unwieldy dogma for States undergoing periods of rapid transition. In order to retain the administrative capacity to steer – rather than merely adapt to – political and social change, numerous transitioning States have adopted a new paradigm of constitutionalism, namely transitional constitutionalism, characterized by a centralized and streamlined structure of governance. However, in many instances, including Korea’s post-division transitional history, this model has demonstrably undermined fundamental human rights protections. In this thesis, I propose a hybrid constitutional paradigm for unification in Korea (another form of State transition) which seeks to balance the dual objectives of effective governance and human rights protection. I do so by examining and critiquing the core principles of traditional and transitional constitutionalism, outlining the human rights issues that the unified Korea will likely confront in its constitutional trajectory based on an analysis of Korea’s political, social, cultural, and constitutional history, and finally proposing a hybrid model of constitutionalism that utilizes an institutional approach to prevent violations of human rights in the unified Korea while allowing the State to retain governmental efficiency during transition. / Thesis (Master, Law) -- Queen's University, 2013-09-30 11:35:33.362

A collapsed North Korea would pose a momentous test to the future of the region. The five regional powers—South Korea, China, Japan, Russia, and the United States—are ill-prepared for such an event, partly because of the act of planning for it would upset North Korea. However, the potential challenges of a collapse are too great to ignore. This study presents an historical and political analysis of the increasing risk that North Korea may collapse. A comparison with earlier cases suggests that triggers and indicators of collapse can be identified, including increasing cross-border information flows, defections, and the possible death or incapacitation of North Korea’s leader. Further, the large and growing economic disparity between North Korea and its neighbors, South Korea and China, points to likely consequences of collapse, including possible mass migration. The study then examines the roles of South Korea, China, the U.S., Japan, and Russia in the future of the Korean peninsula; it concludes with a further consideration of the paradox of collapse planning, but argues that it would be better to run the risks entailed in the exercise than to be caught flatfooted when a collapse occurs. The analysis is based on interviews, surveys, and documents in English and Korean. / text

Approved for public release, distribution is unlimited / Psychological operations (PSYOP) forces should undertake significant doctrinal, training, and operational reforms to ensure the viability of support provided to U.S. led stabilization and reconstruction efforts. Such operations involve increased civilmilitary interactions and necessitate effective cross-cultural communications with not only the indigenous populace, but a host of transnational actors as well. Today's PSYOP training is reflective of a persisting "Cold War mentality" that fails to adequately prepare soldiers for effective post-conflict situations such as the reunification of the Korean peninsula, whether brought about either through a renewal of combat operations or the result of diplomatic means. Meanwhile, North Korea's formidable and adept propaganda machine has persisted in isolating its populace from external influences for more than a halfcentury. Post-Korean War generation North Koreans have been successfully indoctrinated since birth to despise the United States. Furthermore, anti-U.S. sentiment has been on the rise in South Korea for a number of years. Under the current training model, contemporary psychological operations forces are ill-prepared to conduct effective operations in an environment involving two-way, face-to-face communications such as those required while stabilizing and reconstructing a nation. The case of Korean reunification serves as an extreme scenario that nevertheless depicts the drastic need for improvements in the capabilities of modern PSYOP forces. / Captain, United States Army