국제법상 책임승계와 통일한국에 대한 시사점

State Succession to International Responsibility and Its Implications on the Unified Korea

State succession gives rise to several problems with respect to treaties, property, archives, debts, nationality, etc. Among the topics, state succession to international responsibility, which concerns to whether there is a succession to the consequences of international responsibility arising from an internationally wrongful act committed before the date of succession, is not fully covered in the international legal regime. Regardless of the fact that it has been excluded from the subjects to be discussed and codified by the ILC, the phenomena which should be analyzed in the category of succession to responsibility have been witnessed in the world. Now that South Korea is preparing for a unification, one of the forms of state succession, it is time to pay attention to the topic of succession to responsibility since North Korea, the counter-part in the issue of the unification of the Korean Peninsula, is considered to be conducting not a few internationally wrongful acts.