This paper asks how co-ethnic hierarchy informs the formulation and implementation of South Korean official policies on diaspora return migration. While prior Diaspora Engagement Policy (DEP)...Show moreThis paper asks how co-ethnic hierarchy informs the formulation and implementation of South Korean official policies on diaspora return migration. While prior Diaspora Engagement Policy (DEP) research often observed preference for diaspora members over other immigrants, this paper expands the literature on DEP by considering South Korea’s preference for certain co-ethnic groups over other within diaspora. The analysis includes the three largest Korean diaspora groups: the Korean-Chinese, Koryoin, and Korean-Americans. First, by conducting a Critical Discourse Analysis (CDA) of laws, this paper examines presence of a co-ethnic hierarchy in formulated return migration policies. Second, an exploration of diaspora groups’ eligibility for Overseas Korea visas reveals how co-ethnic hierarchy informs implemented return migration policies. Although there is no explicit differential treatment between diaspora groups in formulated policies since 2004, there is an apparent co-ethnic hierarchy in visa regulation. Implicit language found in legal textual policies confirms that the South Korean government regulates return migration of its diaspora according to a hierarchical order.Show less
In this thesis I set out to describe and subsequently compile a terminology of the prosecution of financial crime in the Netherlands in its entirety, from the initial reporting to the final...Show moreIn this thesis I set out to describe and subsequently compile a terminology of the prosecution of financial crime in the Netherlands in its entirety, from the initial reporting to the final sentence. I will discuss the legal system of the Netherlands with the help of various legal scholarly sources and other descriptive sources. By situating the uniquely system-bound language of the prosecution of financial crime in the Netherlands within Dutch legal language, I uncover the challenges of producing an English language terminology for this particular subfield. The subfield, which touches on multiple areas of law and policy and is regulated by multiple institutions, results from governments’ and supranational organizations’ increased attention for crimes with a significant financial component and high societal impact in recent years. By giving an overview of the field of translation studies – and in particular theory of legal translation – such as theories by Deborah Cao and Susan Šarčević I will provide a foundation for overcoming terminological and translation challenges. My proposed methodology suggests an approach to translating Dutch legal terminology which consists of presenting micro-evaluation and macro-evaluation of concepts, assessing both conceptual relations and origins, and illustrating the found relations and definitions in the end product.Show less
There are few issues as contentious in modern South Korea as reform of the Supreme Prosecutor’s Office, the country’s highest investigative authority. Over the past several years, feuds over the...Show moreThere are few issues as contentious in modern South Korea as reform of the Supreme Prosecutor’s Office, the country’s highest investigative authority. Over the past several years, feuds over the direction of the prosecution have at times completely dominated political discourse. President Moon Jae-in has spent a considerable amount of political capital on prosecution reform (kŏmch'al kaehyŏk) since his election in 2017, and bitter battles on multiple fronts erupted over the president’s drive to remove power from the prosecution and shift it to different institutions. The cornerstone of these reforms finally passed the legislature in 2020 after decades of effort from civic groups and politicians. High-profile debates over the future of the prosecution elevated former Prosecutor General Yoon Seok-youl to a top presidential contender, despite never having held elected office. This thesis takes the following as its central question – why has prosecution reform become associated with the South Korean democratization and the political fault lines that emerged in its wake? It is an attempt to interrogate the motivations behind this quest for reform and situate it as part of a political and historical era – that is, the continued and contentious legacy of democratization and the transition to a more open civil society in the 1980s and 1990. This investigation will begin with a summary and analysis of the particular roles and responsibilities of the South Korean prosecution, as well as a brief overview of some of the existing literature. The first chapter will cover the prosecution’s history under Japanese rule, the American occupation, and the South Korean governments that followed the end of American rule in 1948. The institution’s historical formation is important to understanding the way the prosecution has been viewed by reformers in more recent years. The second chapter concerns the methods by which the prosecution was deployed during authoritarian rule, conflicts between the prosecution and legal activist groups, and the institutional continuity the prosecutor’s office displayed after the transition to democracy in 1987. The third chapter explores the ways through which the issue of prosecutorial reform has been framed, debated, in the context of changes in South Korean governance and society from the 1990s onward. The final chapter briefly discusses the successful implementation of reforms under the Moon Jae-in administration. This research draws on primary sources including newspaper archives from databases such as Naver News Library and the Korea Integrated Newspaper Database System, government and court case records, and documents from the civic organizations that first proposed sweeping changes to the country’s prosecution. This thesis is part history and part histography, as it charts the way the prosecution’s past has been interpreted to reorder its present powers. Ultimately, it is my hope that this investigation will shed a light on how an issue that has an enduring impact on modern South Korean politics came to be theorized and discussed as representing an unfinished legacy of democratization.Show less
This research is aimed at characterizing the Dutch law of perjury with theories of lying as described by philosophers of language. In American law various inconsistencies of perjury cases led to...Show moreThis research is aimed at characterizing the Dutch law of perjury with theories of lying as described by philosophers of language. In American law various inconsistencies of perjury cases led to research on the topic. Those studies all have concluded that lying and perjury differ greatly in several notable areas. Often discussed is the well-known perjury case of former US President Clinton. Research states Bill Clinton obviously was not speaking the truth, but he was never impeached with perjury. Possible explanations could be a political agenda or the lack of adequate evidence. This research paper will discuss the differences between the Dutch and American legal systems, as well as offering a critical analysis of why these systems differ. The central question in this research answers in what ways the Dutch law of perjury can be characterized by the pragmatic theories of lying. Four court cases, all different in outcome, will be linguistically analysed. The linguistic analysis performed in this research is based on Grice’s maxims of Cooperation, Searle’s Speech Act theory, the provided definition of lying and the analytic tools as described by Shuy. This will provide various insights in the interpretation of the Dutch perjury law. Based on the results, this research paper concludes that lying cannot perfectly characterize the Dutch law of perjury, however, they cannot be fully separated from each other either. What this analysis clearly shows are the possibilities of a linguistic analysis when discussing perjury lawsuits. The discourse analysis can provide insights in someone’s intentions, as well as the weaknesses in someone’s statements. This paper strongly promotes the statement that using linguistic analyses is beneficial to the legal system, especially in court cases concerning crimes of language.Show less
In Japan there are three legal ways in which a spouse can get divorced: through negotiation or mutual consent (kyōgi rikon), mediation (chōtei rikon), and adjudication or litigation (saiban rikon)....Show moreIn Japan there are three legal ways in which a spouse can get divorced: through negotiation or mutual consent (kyōgi rikon), mediation (chōtei rikon), and adjudication or litigation (saiban rikon). Those opting for litigation consist of a mere 1% of all cases. While it has been argued that Japanese are averse to formal litigation and have a cultural preference for informal ways of resolving disputes in order to maintain the social harmony, others have attributed the popularity of ADR to institutional and structural factors, being cheaper and quicker than formal litigation. This thesis attempts to find out what theory, if any, holds true with regards to (the lack of) Japanese litigiousness by looking at divorce mediation as its case study.Show less
Emperor Justinian (r.527 to 565) was one of the most famous and infamous emperors of Late Antiquity. One of his most remarkable qualities had been his legislative fervour. Early on, he had...Show moreEmperor Justinian (r.527 to 565) was one of the most famous and infamous emperors of Late Antiquity. One of his most remarkable qualities had been his legislative fervour. Early on, he had completed what would later be called the Corpus Iuris Civilis, incorporating the Codex, the Digesta and the Institutiones. However, in the wake of this Corpus, his reign produced another 155 ‘new laws’ that have not yet received the scholarly attention they deserve. This thesis has taken these Novellae seriously as a corpus of its own and has explored how we should understand this multitude of laws in their socio-political context and how these innovations were anchored in a sixth-century worldview. The Novellae performed a multi-layered balancing act between tradition and innovation, subject and emperor, and being shaped by and shaping society. However, these laws singled out one person whose presence invaded every corner of the text: the emperor. He was ruler of the eternal Roman Empire and Christian father of the people. In the end, he knew what was best.Show less
This thesis proposal seeks to assess the legal plight of Afghan refugees who fled to Iran, when the Taliban came into power in 1994-2001. It will investigate the factual circumstances to establish...Show moreThis thesis proposal seeks to assess the legal plight of Afghan refugees who fled to Iran, when the Taliban came into power in 1994-2001. It will investigate the factual circumstances to establish their status as refugees under international law. It will define the role of the Iranian State and its legal responsibilities to refugees. Analysis of the historical facts involving the refugees, and the legal responsibilities of the State of Iran leads to the conclusive findings enclosed. It concludes with recommendations for the State of Iran, how to raise its standard of treatment of refugees within its borders to international human right standards. Most of the Afghans fled to Iran, but also to other neighboring countries such as Pakistan and Uzbekistan. According to Strand and Suhrke (2004) This mass displacement involved 2,3 million Afghans refugees in Iran. As this thesis proposes failures on behalf of the State of Iran it is important to identify the factual conditions refugees were facing in the host country. As, this paper is critically examining how the government of Iran, the host country, dealt with the Afghan refugees during the Taliban reign from 1994 until 2001, It argues laws imposed on Afghan refugees in Iran were disproportionate. This thesis intends to convey how important the refugees could be for Iran and how Iran better could deal with the refugees. It does so, by identifying, facts, legal issues and through analysis and conclusion; proposes international protocols and standards for change.Show less
Research master thesis | Middle Eastern Studies (research) (MA)
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This thesis focuses on property disputes in Iraq resulting from former regime policies between 1968 and 2003. The former regime used three intertwined strategies that resulted in loss of real...Show moreThis thesis focuses on property disputes in Iraq resulting from former regime policies between 1968 and 2003. The former regime used three intertwined strategies that resulted in loss of real property in particularly the northern regions of Iraq. Through land reforms, Arabization, and a series of attacks on Kurdish regions in the late 1980’s (entitled Anfāl) many persons were affected, notably Kurds. Houses and land were then often given to Arabs to tip the demographic balance in Kurdish majority areas in favor of Arabs. This thesis describes the stories of three victims of such property loss, and proceeds to analyze the legislative framework in place to solve these issues. From there, it analyses the Property Claims Commission, which has been the sole institution in Iraq to address the property conflicts that developed as a result of these former strategies.Show less
The most recent governmental era of independent India began in 2014 when Narendra Modi took chief role. Laws dating back prior to colonial era still punish expression. Identity politics is a...Show moreThe most recent governmental era of independent India began in 2014 when Narendra Modi took chief role. Laws dating back prior to colonial era still punish expression. Identity politics is a growing concern. Widespread government interference in the media poses issues of bias and subjective reporting. Judicial and police abuse of citizens is worsening the situation for citizens wanting justice. Freedom of speech and expression is clearly under threat from a variety of internal issues which leads to question the democratic future of India.Show less
This thesis explores how geopolitical developments and circumstances have influenced Germany’s and Japan’s political position so that Germany can exercise the use of force and Japan cannot as of...Show moreThis thesis explores how geopolitical developments and circumstances have influenced Germany’s and Japan’s political position so that Germany can exercise the use of force and Japan cannot as of the date of this thesis. Post-war history is outlined and explored, looking at historical data and academic reports. This overview focuses on the allied occupations, war trauma, geographic circumstances and demilitarization. By looking at the geopolitical circumstances in history, this thesis explores how these shaped the legal debate on the use of force in the military. Three case studies concerning the use of force are explored, discussing the political stance and military actions taken by Germany and Japan. The case studies include the Kosovo crisis, the war in Afghanistan, and the invasion of Iraq. Through these case studies, a trend can be discovered, enabling prediction for future military action and the use of force by either of these countries.Show less
This study investigates two different type of indigenous students from Indonesia who earned their degree from Faculty of Law Leiden University in the late colonial period. Their family background,...Show moreThis study investigates two different type of indigenous students from Indonesia who earned their degree from Faculty of Law Leiden University in the late colonial period. Their family background, academic support in Leiden, nationalist movement and also the different life that they must encountered in the Netherlands shifted their choice once they came back to the colony. The first type of Leiden graduate associated themselves with the colonial legal system in order to sustain colonial authority in Indonesia. The second type was them who decided to either work under the colonial administration but showing nationalistic stance or them who stood against colonial authority by opening law firms independently and joining political activities. The main focus of this thesis is to explore more on some cases which portrays the outcome of these Leiden graduates and their involvement in colonial legal system in the Dutch East Indies.Show less
A search for a legal translation approach involving a third, auxiliary language. The thesis concisely discusses and compares English, Dutch and Spanish criminal law, as well as general translation...Show moreA search for a legal translation approach involving a third, auxiliary language. The thesis concisely discusses and compares English, Dutch and Spanish criminal law, as well as general translation strategies.Show less
The topic of this thesis is the translation of civil procedure terminology. It contains a lexicon of translated terminology from Dutch to English. The main research question is which translation...Show moreThe topic of this thesis is the translation of civil procedure terminology. It contains a lexicon of translated terminology from Dutch to English. The main research question is which translation procedure can be used best for the translation of such terminology. It also discusses why I have chosen a thematic approach for the lexicon, what kind of terminology the lexicon deals with, the possible translation procedures, and how different text types are important for translation.Show less
