'Recalcitrant' States and International Law: The Role of the UN Commission of Inquiry on Human Rights Violations in the Democratic People's Republic of Korea

56 Pages Posted: 27 Oct 2015 Last revised: 1 Nov 2015

See all articles by Michael D. Kirby

Michael D. Kirby

Australian Federal Court

Sandeep Gopalan

University of Maryland Eastern Shore - School of Business and Technology

Date Written: 2015

Abstract

North Korea presents unique challenges for the international legal system. Following the unhappy legacy of its long history and the Korean War’s aftermath, the country has been under the spell of one of the most unusual regimes in the world. Although the regime claims socialist ideals, it is accurate to characterise its ideology as being limited to “Kimjongism.” For long, it has been reported that the regime has been engaging in human rights violations of the worst sort.

This paper is organised as follows: Part II details the work of the Commission of Inquiry on human rights in the DPRK, its methodology, and key findings; Part III outlines a theoretical model for shaming and labelling in international law, considers several objections, and makes a novel normative argument for a greater utilization of the COI procedure in international law; Part IV concludes.

Suggested Citation

Kirby, Michael D. and Gopalan, Sandeep, 'Recalcitrant' States and International Law: The Role of the UN Commission of Inquiry on Human Rights Violations in the Democratic People's Republic of Korea (2015). University of Pennsylvania Journal of International Law, 2015, Forthcoming, Deakin Law School Research Paper No. 15-01 , Available at SSRN: https://ssrn.com/abstract=2673215

Michael D. Kirby

Australian Federal Court

Melbourne, Victoria 3000
Australia

Sandeep Gopalan (Contact Author)

University of Maryland Eastern Shore - School of Business and Technology ( email )

2105 Kiah Hall
Princess Anne, MD 21853
United States

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