• Title/Summary/Keyword: 달 협정

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ASEAN 제국의 천연고무 산업의 현황과 문제점 (상)

  • Korea Tire Manufacturers Association
    • The tire
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    • s.81
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    • pp.32-36
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    • 1979
  • 천연고무의 가격안정화를 위한 국제협정체결문제는 76년 나이로비 총회이후 10회에 걸쳐 회의를 가졌으나 결론을 얻지 못하고 오는 3월 26일부터 3주간 제네바에서 개최되는 교섭회의에서 최종적인 합의에 달할 것으로 보고 있다. 본고는 작년 5월 8일부터 19일까지 2주간 태국, 인도네시아, 말레이시아, 싱가포르 4개국에 대한 UNCTAD 천연고무 Workshop의 개요를 종합한 것으로 국제협정체결을 바라는 각생산국의 천연고무산업의 현황과 문제점을 밝힌 것이다.

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플루토늄대국 일본

  • 정준극
    • Nuclear industry
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    • v.13 no.8 s.126
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    • pp.82-95
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    • 1993
  • 다음 글은 일본 NHK가 특별제작하여 최근 방영한 $\ulcorner$플루토늄대국 일본$\lrcorner$이라는 프로그램의 내용을 정리한 것이다. 일본은 핵무기 확산과 평화이용이라는 틈바구니에서 플루토늄이용정책을 과연 계속 밀고 나갈 것인지. 또 일본은 미국과의 원자력협정을 어떻게 유리한 입장으로 타결해 나갔는지. 광복의 달 8월-. 인류 최초로 원자력의 가공할 위력을 경험했던 일본의 핵무장 가능성 때문에 세계로부터 받고 있는 따가운 시선을 어떻게 변호하고 있는지를 그들의 시각을 통해 조명해 본다.

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Proposal on the Creation of a New Space Organization for the Moon and Celestial Bodies' Exploitation (달과 천체 개발을 위한 새로운 우주기구의 창설에 관한 제안)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.1
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    • pp.161-198
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    • 2014
  • The idea of creating an International Space Exploitation Agency (tentative title: hereinafter referred to ISEA) is only my academic and theoretical opinion. It is necessary for us to establish ISEA as an international organization for the efficient and rapid exploitation of natural resources in the moon and other celestial bodies. The creation of ISEA as a new international organization is based on the Article 11, 5 and Article 18 of the 1979 Moon Agreement. In order to create it as a preliminary procedure, it needs to make the Draft for the Convention on the Establishment an ISEA among the space-faring countries. The main contents of this paper is composed of (1) introduction, (2) joint exploitation of the natural resources (Heliumn-3, etc.) in the moon and ISEA, (3) activities for the exploitation of moon and other celestial bodies by the space-faring powers, (4) legal problems and Solution for the exploitation and mining rights of the natural resources in the moon, mars and celestial bodies, (5) procedure of creating an ISEA, (6) the principal points that need to be included in the draft for the ISEA convention, (7) conclusion. The creation of an ISEA would lead to a strengthening of the cooperation among the States deemed essential by the global community towards joint undertakings in space and would act as a catalyst for the efforts on the exploitation of the natural resources moon, mars, Venus, Mercury and other celestial bodies and allow resources, technology, manpower and finances to be centrally managed in an independent fashion to the benefit of the space-faring countries. It is desirable and necessary for us to create ISEA in order to promote cooperation in the field of space policy, law, science technology and industry etc. among the space-faring countries. The creation of the ISEA will be promoted the international cooperation among the space-faring countries in exploration and exploitations of the natural resources in the moon, Mars, Venus, Mercury and other celestial bodies. Finally, it should be noted that the political drive will be necessary not only to set up the organization ISEA, but also study a subsequent measures. It is also necessary for us to create the ISEA in order to develop the space industry, to strengthen friendly relations and to promote research cooperation among the space-faring countries based on the new ideology and creative ideas. If the heads (president or prime minister) of the space super-powers including the UNCOPUOS will be agreed to establish ISEA at a summit conference, 1 believe that it is possible to establish an ISEA in the near future.

The Liability for Space Activity of Launching State of Space Object and Improvement of Korea's Space Policy (우주물체 발사국의 우주활동에 대한 책임과 우리나라 우주정책의 개선방향)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.295-347
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    • 2013
  • Korea launched the science satellite by the first launch vehicle Naro-ho(KSLV-1) at the Naro Space Center located at Oinarodo, Cohenggun Jellanamdo in August, 2009 and October, 2010. However, the first and second launch failed. At last, on January 30, 2013 the third launch of the launch vehicle Naro-ho has successfully launched and the Naro science satellite penetrated into the space orbit. Owing to the succeed of the launch of Naro-ho, Korea joined the space club by the eleventh turn following the United States, Russia, Japan and China. The United Nations adopted the Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1972, the Regislation Convention of 1976, and Moon Agreement of 1979. Korea ratified the above space-related treaties except the Moon Agreement. Such space-related treaties regulate the international liability for the space activity by the launching state of the space object. Especially the Outer Space Treaty regulates the principle concerning the state's liability for the space activity. Each State Party to the Treaty that launches or procures the launching of an object into outer space is internationally liable for damage to another State Party or to its natural or judicial persons by such object or its component parts on the earth, in air space or in outer space. Under the Liability Convention, a launching state shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The major nations of the world made national legislations to observe the above space-related treaties, and to promote the space development, and to regulate the space activity. In Korea, the United States, Russia and Japan, the national space-related legislation regulates the government's liability of the launching state of the space object. The national space-related legislations of the major nations are as follows : the Outer Space Development Promotion Act and Outer Space Damage Compensation Act of Korea, the National Aeronautic and Space Act and Commercial Space Launch Act of the United States, the Law on Space Activity of Russia, and the Law concerning Japan Aerospace Exploration Agency and Space Basic Act of Japan. In order to implement the government's liability of the launching state of space object under space-related treaties and national legislations, and to establish the standing as a strong space nation, Korea shall improve the space-related policy, laws and system as follows : Firstly, the legal system relating to the space development and the space activity shall be maintained. For this matter, the legal arrangement and maintenance shall be made to implement the government's policy and regulation relating to the space development and space activity. Also the legal system shall be maintained in accordance with the elements for consideration when enacting the national legislation relevant to the peaceful exploration and use of outer space adopted by UN COPUOS. Secondly, the liability system for the space damage shall be improved. For this matter, the articles relating to the liability for the damage and the right of claiming compensation for the expense already paid for the damage in case of the joint launch and consigned launch shall be regulated newly. Thirdly, the preservation policy for the space environment shall be established. For this matter, the consideration and preservation policy of the environment in the space development and use shall be established. Also the rule to mitigate the space debris shall be adopted. Fourthly, the international cooperation relating to the space activity shall be promoted. For this matter, the international cooperation obligation of the nation in the exploration and use of outer space shall be observed. Also through the international space-related cooperation, Korea shall secure the capacity of the space development and enter into the space advanced nation.

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International Space Law on the Protection of the Environment (환경보호에 관한 국제 우주법연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.205-236
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    • 2010
  • This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

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Principles of Space Resources Exploitation under International Law (국제법상 우주자원개발원칙)

  • Kim, Han-Teak
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.35-59
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    • 2018
  • Professor Bin Cheng said that outer space was res extra commercium, while the moon and the other celestial bodies were res nullius before the 1967 Outer Space Treaty(OST). However, Article 2 of the OST made the moon and other celestial bodies have the legal status as res extra commmercium, not appropriated by any country or private enterprises or individual person, but the resources there can be freely available, as those on the high seas. The non-appropriation principle was introduced to corpus juris spatialis internationalis. Whether or not the non-appropriation principle is binding for the non-parties of the OST, many scholars see this principle as an international customary law, even developing into jus cogens. Article 11(2) of the Moon Agreement(MA) reconfirms the nonappropriation principle of Article 2 of the OST, but it has much less effect than the OST because the MA binds only the 18 parties involved. The MA applies only to the moon and celestial bodies other than the Earth in the Solar System, the OST's application scope extends to the Galaxy because the OST has no such substantive enactment. As referred to in the 2015 CSLCA of USA or Luxembourg's Law of Space Resources, allowing individuals and enterprises run by other countries to commercially explore and utilize the space resources, the question may arise whether this violates the non-appropriation principle under Article 2 of the OST and Article 11 of the MA. In the case of the CSLCA, the law explicitly specifies that sovereignty, possessory rights, and judiciary rights to a specific celestial body cannot be claimed, let alone ownership. This author believes that this law respects the legal status of outer space and the celestial bodies as res extra commmercium. As long as any countries or private enterprises or individuals respect the non-appropriation principle of outer space and the celestial bodies, they could use, exploit it. Another question might be raised in the difference between res extra commercium on the high seas and res extra commercium in outer space and the celestial bodies. Collecting resources on the high seas and exploiting space resources should be interpreted differently. On the high seas, resources can be collected without any obstacles like fishing, whereas, in the case of the deep sea-bed area, the Common Heritage of Mankind principles under the UNCLOS should be operated by the International Seabed Authority as an international regime. The nature or form of the sea resources found on the high seas are thus different from that of space resources, which are fixed on the moon and the celestial bodies without water. Thus, if individuals or private enterprises collect these resources from outer space and the celestial bodies, they might secure a certain section and continue collecting or mining works without any limitation. If an American enterprise receives an approval from the U.S. government, secures the best location and collects resources on the moon, can other countries' enterprises access to this area? How large the exploiting place can be allotted on the moon? How long should such a exploiting activity be lasted? Under the current international space law, these matters might be handled according to the principle of "first come, first served." As a consequence, the international community should provide a guideline or a proposal for the settlement of any foreseeable disputes during the space activity to solve plausible space legal questions in the near future.

아시아 시멘트산업 조사보고서

  • 한국양회공업협회
    • Cement
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    • s.54
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    • pp.59-74
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    • 1974
  • AIS 지역 국가들의 시멘트 소비는 1970년에 14.1백만톤에 달했으며 1985년에는 44.2백만톤에 달할 것으로 예측된다. 1970년의 생산 능력은 18.4백만톤으로 이것은 수요를 훨씬 상회하는 것이다. 이같은 과잉 생산 능력 상태는 1981년 후부터는 과잉 수요 현상으로 전환하게 될 것으로 예상 된다. 1985년 AIS지역 전체로 볼 때 공급 부족량이 약 11.5백만톤에 이를 것인 바 그 대부분은 한국 $\cdot$ 베트남 $\cdot$ 인도네시아에서 부족하게 될 것이다. 한국의 시멘트 산업은 AIS지역 국가들 중에서 생산 기술면이나 생산 효율면에서 가장 앞서 가고 있다. 그러나 한국에서의 생산 시설 확장은 이 지역의 공급 부족량 해결에 기여는 하지 못할 것이며 오직 자국내 공급난 해결을 하는데 그칠 것이다. 이 보고서에서는 두 개의 상이한 계획안이 검토되었는데 이것은 지역내 협력효과와 같은 경제적인면에 초점을 두었다. 비교적 지역 협력에 기여할 것으로 보이는 두 개의 안은 AIS지역내의 2개 국가에 시멘트 공장을 건설하는 것으로서 인도네시아에 세우는 년산 1백만톤 규모의 단일공장과 타이에 세우는 년산 1백만톤 규모의 3개 공장이 바로 그것이다. 인도네시아에 세우는 공장은 인도네시아 시장의 수요 및 나아가 1985년에 Sri Lanka에서 일어날 과잉 수요를 메우게 될 것이다. 타이에 세우게 될 공장은 자국의 시멘트를 조달하고 메콩강과 연해 있는 3개국 수요를 충당하게 될 것이다. 이것은 1개의 공장을 건설하고 후에 그 생산 능력을 3배가하는 방법으로 이 3개의 공장이 완성된다면 이것은 또한 몇가지 경제성을 얻게 될 것이다. 인도네시아와 타이의 이 계획은 1985년에야 완성될 것인데 건설 기간은 약 28내지 30개월이 소요될 것으로 추산된다. 한편 이 지역의 시멘트 판매가격을 톤당 22달러로 볼 때 생산비에 포함된 총회수율, 즉 추정소득과 총투자 사이의 관계에서 산출한 이상 2개 사업의 총회수율은 12.1 $\%$로 추산된다. 총부가가치는 인도네시아가 10.7백만달러, 타이가 23.9백만달러로서 합계 34.6백만달러로 추산된다. 이것은 총투자액인 166.0백만달러에 대하여 4.8의 총자본투자효율을 나타내는 것이다. 이 사업은 이 지역외에서의 시멘트 수입시와 비교하면 73.8백만달러의 외화를 절약하는 셈이 되며 이 외에도 약 1,740명의 고용 증대를 가져 올 수 있을 것이다. 시멘트 운송비는 생산원가와 세계시장 가격과의 사이에서 생기는 마진보다 더 비싸다. 이와 같은 사실은 시멘트가 지역 협력에 적합한 품목이 못된다는 것을 의미한다. 이것을 해결하기 위해서는 현재 세계 시멘트 시장가격을 상회하는 선에서 가격협정을 맺는 것이 이 지역 시멘트 공업 육성책의 하나로 필요 불가결한 실정이다.

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The Non-Appropriation Principle and Corpus Juris Spatialis (비전유원칙과 우주법(Corpus Juris Spatialis))

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.181-202
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    • 2020
  • The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

Legal Issues in Commercial Use of Space Resources: Legal Problems and Policy Implications of U.S. Commercial Space Launch Competitiveness Act of 2015 (우주 자원의 상업적 이용에 관한 법적 문제 - 미국의 2015년 '우주 자원의 탐사 및 이용에 관한 법률' 의 구조와 쟁점 -)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.419-477
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    • 2017
  • In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

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Use of Nuclear Power Sources in Outer Space and Space Law (우주에서의 핵연료(NPS)사용과 우주법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.29-54
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    • 2007
  • Nuclear Power Sources(NPS) have been used since 1961 for the purpose of generating energy for space objects and have since then been recognized as particularly suited essential to some space operations. In January 1978 a malfuctioning Soviet nuclear powered satellite, Cosmos 954, re-entered the earth's atmosphere and disintegrated, scattering radioactive debris over a wide area of the Canadian Northwest Territory. This incident provided some reasons to international legal scholars to make some principles to regulate using NPS in outer space. In 1992 General Assembly adopted "Principles Relevant to the Use of Nuclear Power Sources in Outer Space". These NPS Principles set out certain legal and regulatory requirements on the use of nuclear and radioactive power sources for non-propulsive purposes. Although these principles, called 'soft laws', are not legal norms, they have much enfluences on state practices such as 1983 DBS Principles(Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting), 1986 RS Principles(Principles Relating to Remote Sensing of the Earth from Space) and 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of all States, Taking into Particular Account the Needs of Developing Countries. As far as 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space is concerned the main points such as free use of outer space, non-appropriation of celestial bodies, application of international law to outer space etc. have become customary international law binding all states. NPS Principles might have similar characters according to states' willingness to respect them.

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