• Bulletin of the Korean Space Science Society
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• 2001.04a
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• pp.30-30
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• 2001

• Bulletin of the Korean Space Science Society
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• 1995.10a
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• pp.20-20
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• 1995

• Bulletin of the Korean Space Science Society
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• 2002.05b
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• pp.52-52
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• 2002

• The Korean Journal of Air & Space Law and Policy
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• v.10
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• pp.375-406
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• 1998

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST 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", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.83-109
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• 2008

According to 1944 Chicago Convention aircraft are classified into public aircraft(or state aircraft) and private aircraft(or civil aircraft). However even if public aircraft owned by government are used as commercial flights, those are classified into private aircraft. But as far as space activities are concerned in the 1967 Outer Space Treaty, those are related to all activities and all space objects, thus there being no differentiation between the public spacecraft and private spacecraft. As for the institutions of air law there are ICAO, IATA, ECAC, AFCAC, ACAC, LACAC in the world. However in the field of space law there is no International Civil Space Organization like ICAO. There is only COPUOS in the United Nations. The particular institutions such as INTELSAT, INMARSAT, ITU, WIPO, ESA, ARABSAT would be helpful to space law field. In the near future there is a need to establish International Civil Space Organization to cover problems rising from all space activities. According to article 1 of the 1944 Chicago Convention the contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. It means that absolute airspace sovereignty is recognized by not only the treaty law and but also customary law which regulates non-contracting States to the treaty. However as for the space law in the article n of the 1967 Space Treaty 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. It creates res extra commercium like the legal status of high seas in the law of the sea. However the 1979 Moon Agreement proclaimed Common Heritage of Mankind as far as the legal status of the outer space is concerned which is like the legal status of deep sea-bed in the 1982 United Nations Law of the Sea. As far as the liabilities of air transport system are concerned there are two kinds. One is the liabilities to passenger on board aircraft and the other is the liabilities to the third person or thing on the ground by the aircraft. The former is regulated by the Warsaw System, the latter by the Rome Convention. As for the liabilities of space law the 1972 Liability Convention applies. The Rome Convention and 1972 Liability Convention stipulate absolute liability. In the field of space transportation there would be new liability system to regulate the space passengers on board spacecraft like Warsaw System in the air transportation.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.177-213
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• 2011

The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

• Current Industrial and Technological Trends in Aerospace
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• v.7 no.2
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• pp.12-22
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• 2009

In this paper, the outcomes of the International Astronautical Congress(IAC) 2009 are discussed. The 60th IAC, held in Daejeon this October, attracted more than 4,000 international experts and students from 72 countries, marking it as one of the most successful IAC congress to be held. South Korea, by hosting the congress, gained an opportunity to present its space capabilities and to improve its image as an emerging space power to the global space community as well as to expand the basis for future international cooperations in space. The country also took this opportunity to nurture its future workforce and to carry out a public outreach program.

• Bulletin of the Korean Space Science Society
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• 2003.10a
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• pp.31-31
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• 2003

Equatorial Plasma Bubble(EPB)은 적도 지역에서 Rayleigh-Taylor Instability에 의해 발생하는 이온층 플라즈마의 불안정성 현상으로, 주변의 플라즈마 밀도에 비해 좁은 영역에서 플라즈마 밀도가 급격하게 떨어지는 현상을 말한다. 지역적으로 보면, 겨울철에는 대서양 지역에서 집중적으로 발생하고 여름철에서는 태평양 지역에서 많이 관측된다. 이러한 불안정 현상은 단파 통신 장애를 유발할 수 있기 때문에 많은 연구 대상이 되어왔지만, 아직까지 태양 활동이나 지자기 변화에 의한 상호 연관성이 규명되지 못 하고 있다. 이것은 Rayleigh-Taylor Instability를 발생시키는 여러 인자들이 매우 복잡하게 관련되어 있기 때문인데, 본 연구에서는 특정 지역에서 발생하는 EPB에 한정하여 태양 활동과의 상호 연관성에 대해 분석하고자 하였다. 또한 단순한 발생 빈도에 대한 통계적인 처리가 아닌, EPB하나 하나에 대한 특성을 분석함으로써 EPB의 발생과 관련한 보다 명확한 분석이 가능하게 되었다. 분석에 필요한 data는 KOMPSAT-1의 Langmuir Probe(LP)에 의해 2000년에서 2001년 사이에 얻은 이온층의 전자 밀도를 사용하였는데, KOMPSAT-1의 LP는 같은 기간 활동한 다른 위성에 비해 좋은 시간 분해능을 가지고 있기 때문에 EPB의 통계 처리에 적당한 것으로 생각되었다.

• The Korean Journal of Air & Space Law and Policy
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• v.8
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• pp.249-254
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• 1996