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The Basic Law of the Sinuiju Special Administrative Region: A Happy Medium Between the DPRK Constitution and Hong Kong Basic Law?

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Authors
Goedde, Patricia
Issue Date
2003
Publisher
BK 21 law
Citation
Journal of Korean Law, Vol.3 No.2, pp. 77-137
Abstract
This paper constitutes (1) a full-text English translation of the Basic Law of the Sinuiju Special Administrative Region of the Democratic People’s Republic of Korea (DPRK, or North Korea) and (2)comparative analyses of the Sinuiju Basic Law with the DPRK Constitution and the Basic Law of the Hong Kong Special Administrative Region. To supplement thetranslation, the paper makes respective contextual and textual comparisons between the Sinuiju SAR and its Basic Law with (a) North Korea and its 1992 Constitution, and (b) Hong Kong and its Basic Law. The first section explores the North Korean rationale for establishing the Sinuiju SAR. It examines North Korea’s autarkic ideology of chuch’e, past legal attempts to lure foreign investment, and the differences between the Sinuiju SAR and other North Korean and Chinese special economic zones. It then compares the Sinuiju Basic Law with the DPRK Constitution, analyzing why certain provisions were kept or rejected. The second section discusses how the legal status of both Hong Kong and the Sinuiju SAR are different, especially on issues such as constitutional significance, regional autonomy and rule of law, before delving into a comparison of their Basic Laws. By analyzing which provisions were retained or excluded from the DPRK Constitution and the Hong Kong Basic Law, the author concludes that although the Sinuiju Basic Law may be a satisfactory compromise on paper between national policy and an idealized money-making venue, in reality the Sinuiju Basic Law is an ambiguous policy charter saturated with devices of state control, signaling that the future Sinuiju SAR will be yet another unsuccessful North Korean attempt to induce foreign investment.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/85067
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 03 Number 1/2 (2003)
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