• International Commerce and Information Review
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• v.16 no.3
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• pp.465-486
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• 2014

This paper intends to analyse some legal issues on US-Orange Juice Case. Brazil's WTO challenge is to the methods undertaken by US in calculating antidumping duties in administrative reviews of Brazilian Orange Juice. Panel resulted that conforms with earlier Appellate Body decision outlawing the use of 'weighted average to transaction zeroing. This paper note that panel's stance was driven from 'stability and predictability' within the DSB system. There was a de facto form of stare decisis. However, Panel in US-Orange Juice recognized that Appellate Body decision is wrong about finding zeroing to be violation of the fair comparison requirement of the Article 2.4 of the WTO Anti-Dumping agreement. Zeroing dispute of WTO Anti-Dumping Agreement will be continued that because this matter. Fortunately, the American government announced it would be stop zeroing system of administrative reviews. As result, Carefully, We anticipate that US-Orange Juice's decision is the end of zeroing method on the WTO Anti-Dumping Agreement.

• 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.