Cho is an exchange student from China and is enjoying her time at SNU, partying with friends and learning a new language. Occasionally, she wants to listen to lectures other than her regular classes. However, most of the special guest lectures on campus are in Korean only. One day, she sees a sign announcing there will be a special lecture in English by judges from the International Tribunal for the Law of the Sea. Her interest in international law and the recent stand-off between China and the Philippines concerning the South China Sea make it impossible for her to look past this opportunity.

The special lecture that Cho attended was organized by the Graduate School of International Studies (GSIS) and took place on May 22 in Building 140-1.The symposium was called"International Adjudication: Roles and Challenges", during which four judges of the International Tribunal for the Law of the Sea (ITLOS) spoke. The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea (the Convention) in 1996, and is composed of 21 judges. One of the judges, PAIK Jin Hyun (who is also a professor at GSIS), is South Korean and participated in the symposium as a convener. About 60 SNU students and professors were present at the event. The four judges took turns sharing their insights on different topics, and subsequently answered many questions from the audience.

The first speaker was Judge Albert J. Hoffmann, the vice president of the Tribunal. He briefly explained the jurisdiction of the International Tribunal for the Law of the Sea."The Tribunal is one of the fora that parties can choose to settle international disputes, alongside the International Court of Justice (ICJ), arbitration under Annex VII of the Convention, and special arbitration under Annex VIII", he said."It adjudicates disputes arising out of the interpretation and application of the Convention."

For example, the Tribunal's most recent judgment of March 14, which was brought up during the Q&A session, concerned the dispute surrounding the delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay of Bengal. Also, the Tribunal was a hot topic in Korea last year when people were worried after the Tribunal had elected a Japanese judge as its president that this would lower the odds of Korea winning the conflict with Japan over Dokdo Island.

Next on the stand was Tullio Treves, a former judge of the Tribunal, and a professor at the University of Milan. He shared his view on the multiplication of international courts and the following implications for the International Tribunal for the Law of the Sea."Some worry that the conflict of jurisdiction and jurisprudence between various courts will result in the divergence of law application, and lead to the fragmentation of the international law," he said. However, their concern is not justified, according to Judge Treves."In practice, the multiplication of international tribunals doesn't lead in the direction of fragmentation but more in the direction of cross-fertilization. Tribunals help each other form their jurisprudence when they quote from other tribunals in their decisions. For example, in the Bosnian Genocide case (2007), the ICJ quoted the International Criminal Tribunal for the Former Yugoslavia, and the theme presented to the Tribunal in the Bangladesh vs. Myanmar case (ITLOS, 2012) was identical to the theme in the Republic of Nicaragua vs. United States case (ICJ, 1984)

Judge James L. Kateka, who was born in the United Republic of Tanzania, gave a speech on the topic of advisory opinions."It has been argued that since advisory opinions are non-binding, they may be used to help parties find a solution to their problems and provide flexibility, such as the provisional measures which are given by the tribunal in the Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan)." He also added,"The ICJ has evolved into rendering binding advisory opinions."

Lastly, Judge Vladimir Vladimirovich Golitsyn, who is also a professor at the Moscow State Institute of International Relations, guided the audience through the process of settling disputes. He championed adjudication over arbitration as a favorable mode of settling disputes."The arbitration process is very expensive and risky," he said."There are five arbitrators; each party chooses two judges and the destiny of the case falls on only one arbitrator. There have been cases in which the outcome was devastating to both parties." He also said,"Adjudication through the tribunal or the chamber is less expensive and more impartial."

Judge Albert J. Hoffmann said,"It is a privilege for me to speak in front of distinguished faculty and students of Seoul National University, which is a leading university in Korea, I believe, and has produced prominent graduates in the international society such as BAN Ki Moon, the current Secretary General of the United Nations, and Professor SUK Kwang Hyun (Department of Law), the judge and current president of the International Criminal Court (ICC)."

After the symposium, because Cho wishes to practice law in the US in the future, she stayed behind to ask one of the judges how she could become an expert in a specific area of international law. She received encouragement and some great tips. This was a very rewarding experience for her, and she realizes this symposium made her studies at SNU even more valuable.

The Graduate School of International Studies frequently invites experts in various fields to give lectures in English. On June 4, from 4 pm to 6 pm, Makoto Iokibe (the former president of the Japanese National Defense Academy) will deliver a lecture titled"Rise of China and Security in East Asia" at the Sochon Convention Hall (Building 140-1). For further information on GSIS special lectures, contact the GSIS Office (02-880-8506) or visit the GSIS website (http://gsis.snu.ac.kr) and go to the 'GSIS Events' Board in the 'Community' Section.

Written by JANG Hyo Jeong, SNU English Editor, fatalbonds@snu.ac.kr
Reviewed by Eli Park Sorensen, SNU Professor of Liberal Studies, eps7257@snu.ac.kr
Proofread by Brett Johnson, SNU English Editor, morningcalm2@gmail.com