| ID | 160351 |
| Title Proper | Preemptive Strike on North Korea: Explaining the Sino-North Korean Mutual Aid and Cooperation Friendship Treaty |
| Language | ENG |
| Author | Jeon, Sumi |
| Summary / Abstract (Note) | The ROK–China conflicts due to the THAAD deployment in South Korea and
the Trump administration’s preemptive strike doctrine toward the DPRK have put
the security of the Korean Peninsula in a grave state. At the same time, positive
expectations for ROK–DPRK–U.S. talks have been growing recently. However,
since whether the United States will conduct a preemptive strike or not depends
on the results of the U.S.–DPRK talks, the security of the Korean Peninsula is in a
precarious state.
This paper, therefore, attempts to analyze the Sino–North Korean Mutual Aid
and Cooperation Friendship Treaty (hereafter referred to as the Sino–North
Korean Friendship Treaty) that will allow for the reconsideration of China’s role
in nullifying the uncertainty on the Korean Peninsula according to the treaty. The
Automatic intervention, according to Article 2 of the Sino–North Korean Friendship
Treaty, is an exercise of the right of self-defense that can be implemented when the
requirements of necessity and proportionality of Customary International Law are
met, and only until the UN Security council takes appropriate measures, according
to Article 51 of the UN Charter. China’s intervention in the case of contingency on
the Korean Peninsula, according to the Sino–North Korean Friendship Treaty, has
limitations with regards to compliance with Articles 48 and 103 of the UN Charter.
It is a special treaty based on the historical background between North Korea and
China. Also, since China recently adopted “non-alignment” as a foreign policy, it
is unlikely that the |
| `In' analytical Note | Korean Journal of Defence Analysis Vol. 30, No.2; Jun 2018: p.247－263 |
| Journal Source | Korean Journal of Defence Analysis Vol: 30 No 2 |
| Key Words | Preemptive Strike ; Chinese Intervention ; Collective Self-Defense ; Sino–North Korean Friendship Treat ; State Succession |