Lectures on Korean ODA and Law

Preface · 7

Lecture 1. Introduction to the Study and Basic Points of the‘ODA’ · 17

1. The Objectives of the Class · 17
2. International Development and ODA · 19
3. Basic Points of the ‘ODA’ · 24

Lecture 2. Paradigm of the Development in the International Society · 31

1. Prospects of International Development and ODA · 31
2. New Paradigms for the Development Activities in the International
Society · 38
3. Other Systems · 46

Lecture 3. Development Issues and Law, UN · 53

1. Development Issues and Law · 53
2. The Bodies in the UN on the Development Issues and the Legal Basis · 56
3. Other Organs in the UN for the Development Issues · 65

Lecture 4. ODA and Trade Issues, WTO · 71

1. Development Issues and Aid for Trade · 71
2. The World Trade Organization (WTO) · 75
3. The SDGs in the WTO · 81
4. The Law for the Works · 88

Lecture 5. The Laws on the ODA Works of the OECD · 101

1. The OECD · 101
2. The Laws on the ODA Works · 103
3. DAC in the OECD · 105
4. The Development and ODA Issues In The OECD/DAC · 110

Lecture 6. ODA and MDBs · 119

1. Multinational Development Banks(MDBs) · 119
2. The World Bank · 121
3. The IDA (International Development Association) Agreement · 125

Lecture 7. IBRD, ADB, and AFDB · 143

1. World Bank · 143
2. Agreement of the International Bank for Reconstruction and Development (IBRD) · 145
3. Asian Development Bank (ADB) · 151
4. The Structure of the ADB Agreement · 153
5. The African Development Bank (AfDB) and Its Related Laws · 161

Lecture 8. Korean Economy and the ODA · 167

1. The Korean Economy · 167
2. The Korean ODA · 177
3. The Structure of the Korean ODA · 183

Lecture 9. Korean ODA in the International Society · 189

1. Korea in the Governing Bodies of the UN · 189
2. UNESCO in Korea · 192
3. Korea in the OECD System · 198
4. The Korean Works in the WTO and the ADB · 202
5. Other Korean ODA Activities · 204

Lecture 10. International Law for the Korean ODA Works · 215

1. The Mainstream of the International Law for the ODA works in Korea · 215
2. The Laws for Korea ODA (International Agreements for the Recipient)· 216
3. The Laws for Korean ODA Works · 221

Lecture 11. Domestic Laws for the Korean ODA · 233

1. The Main Structure of the Korean ODA Laws · 233
2. Framework Act on International Development Cooperation(2010) · 237
3. KOICA Act and EDCF Act · 249
4. Other Domestic Laws on the Korean ODA Activities · 253

Lecture 12. The Law for KOICA · 261

1. The Korea International Cooperation Agency (KOICA) · 261
2. The KOICA Act · 264
3. The Organisation of the KOICA (Article 8-14) · 266
4. The Works of KOICA · 270

Lecture 13. The Law for EDCF · 279

1. The Law for the EDCF Works by Korea Eximbank · 279
2. The Economic Development Cooperation Fund of Korea · 284
3. Roles of EDCF - Types and the Procedures under the Act · 290
4. The Loan Procedure in the Bank · 291

Preface

Official Development Assistance (ODA) is aiming to arrive at development-cooperation with the hands of nations, governments, and international organizations. Therefore, such activities are originally regarded as ‘public activity’ in which national taxes or public assets are used. However, collaboration with corporations, citizens, and NGOs can make other huge effects on ODA activities. In fact, although such activities tend to make close relations to politics or economics, we have to remember that it is also based on laws, according to the ‘rule of law’ concepts treating social activities. International ODA institutions and their businesses are closely related to international laws and when it is connected to domestic society, it starts to make relationship with domestic laws. So for an accurate understanding of ODA, and more outstanding performances learning related
laws and making best use of them shall be necessary.
The Republic of Korea has built a reputation for an area of International Development Cooperation and ODA. Since the Korean War starting from the 1950s, international assistance to Korea has transformed into various ways, and played a key role to industrialization and widening trade. Along with it, it has also influenced economic development of Korea in 1970~80’s. And now, from the year of 2000, as a donor country Korea has been trying to share its experience of economic development to international societies. And for the understanding of Korean ODA, we have to look back on international laws and domestic laws related to its activities.
This book is to provide the understandings of the various aspects in ODA, or international development cooperation area to students. For it, I organized all materials from lectures including ODA and laws and ODA and trade for the Division of International studies and the Graduate School of International And Area Studies in Hankuk University of Foreign Studies. This is constituted the contents with an amount of half-year semester. I’d like to apologize because there is not much universities who provide ODA and law lectures in a regular basis in their academic courses, but with this book I hope that all of you will widen your view of ODA and related laws. Hopefully, it might be a tool for the better understanding of Korea, which has a unique position in international society.

Editor