• Title/Summary/Keyword: 해양정책

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Analysis of Modality and Procedures for CCS as CDM Project and Its Countmeasures (CCS 기술의 CDM 사업화 수용에 대한 방식과 절차 분석 및 대응방안 고찰)

  • Noh, Hyon-Jeong;Huh, Cheol;Kang, Seong-Gil
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.15 no.3
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    • pp.263-272
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    • 2012
  • Carbon dioxide, emitted by human activities since the industrial revolution, is regarded as a major contributor of global warming. There are many efforts to mitigate climate change, and carbon dioxide capture and geological storage (CCS) is recognized as one of key technologies because it can reduce carbon dioxide emissions from large point sources such as a power station or other industrial installation. The inclusion of CCS as clean development mechanism (CDM) project activities has been considered at UNFCCC as financial incentive mechanisms for those developing countries that may wish to deploy the CCS. Although the Conference of the Parties serving as the Meeting of the Parties to the UNFCCC's Kyoto Protocol (CMP), at Cancun in December 2010, decided that CCS is eligible as CDM project activities, the issues identified in decision 2/CMP.5 should be addressed and resolved in a satisfactory manner. Major issues regarding modalities and procedure are 1) Site selection, 2) Monitoring, 3) Modeling, 4) Boundaries, 5) Seepage Measuring and Accounting, 6) Trans-Boundary Effects, 7) Accounting of Associated Project Emissions (Leakage), 8) Risk and Safety Assessment, and 9) Liability Under the CDM Scheme. The CMP, by its decision 7/CMP.6, invited Parties to submit their views to the secretariat of Subsidiary Body for Scientific and Technological Advice (SBSTA), SBSTA prepared a draft modalities and procedure by exchanging views of Parties through workshop held in Abu Dhabi, UAE (September 2011). The 7th CMP (Durban, December 2011) finally adopted the modalities and procedures for CCS as CDM project activities (CMP[2011], Decision-/CMP.7). The inclusion of CCS as CDM project activities means that CCS is officially accredited as one of $CO_2$ reducing technologies in global carbon market. Consequently, it will affect relevant technologies and industry as well as law and policy in Korea and aboard countries. This paper presents a progress made on discussion and challenges regarding the issue, and aims to suggest some considerations to policy makers in Korea in order to demonstrate and deploy the CCS project in the near future. According to the adopted modalities and procedures for CCS as CDM project activities, it is possible to implement relevant CCS projects in Non-Annex I countries, including Korea, as long as legal and regulatory frameworks are established. Though Korea enacted 'Framework Act on Low Carbon, Green Growth', the details are too inadequate to content the requirements of modalities and procedures for CCS as CDM project. Therefore, it is required not only to amend the existing laws related with capture, transport, and storage of $CO_2$ for paving the way of an prompt deployment of CCS CDM activities in Korea as a short-term approach, but also to establish the united framework as a long-term approach.

Review on the Protected Areas Issues within Mid-Long Term National Plans for Territory and Environment of Korea; Focus on the "Biodiversity 2011-2020 Strategic Targets" and "Protected Areas Decision" (우리나라 국토 및 환경 분야 중장기 국가계획의 보호지역 관련 내용 고찰 - "생물다양성협약 2011~2020 전략목표" 및 "보호지역 결정문" 내용을 중심으로-)

  • Heo, Hag Young
    • Journal of Environmental Policy
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    • v.11 no.4
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    • pp.3-37
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    • 2012
  • In perspective of biodiversity conservation and protected areas (PAs), the aims of the study are to review the mid-long term national plans, which deal with national territory and environment in Korea, and to find out the way to improve this issue. Key issues were drawn by referring "Biodiversity 2011-2020 Strategic Targets" and "Protected Area Decision" in CBD CoP-10 and 7 National comprehensive or basic Plans were reviewed. Quoting Biodiversity 2011-2020 Strategic Target 5, "By 2020, the rate of loss of all natural habitats, including forests, is at least halved and where feasible brought close to zero, and degradation and fragmentation is significantly reduced", most of national plans included various methods such as "No Net Loss of Green", "No Net Loss of Wetlands", and so on. Regarding the target 11, "By 2020, at least 17% of terrestrial and inland water, and 10% of coastal and marine areas, ecologically representative and well connected systems of PAs and other effective area-based conservation measures, and integrated into the wider landscape and seascapes", 15% by 2015 was set up as a target of total PAs in Korea and 13% by 2015 or 2020 was set up as a target of coastal and marine PAs. CBD CoP-10 Decision X/31 (Protected Areas) invites parties to develop a national long-term action plan for the implementation of PoWPA and describes 10 issues that need greater attention. National action plan for the implementation of PoWPA doesn't be mentioned at any national plans even PoWPA. Regarding the 10 issues, most of issues were well reflected within various national plans, however there is still a need to improve the details and corelation between plans. Particularly, in terms of management effectiveness evaluation (MEE), there was no national plan to directly deal with MEE even though CBD invites parties to work towards assessing 60% of the total PAs by 2015. Based on the review results, below 4 items were suggested; (1)"The Comprehensive Plan of the National Territory" needs more attention on the Biodiversity Conservation and PAs, (2)Consider to establish "National PA System Plan" embedded into "the Comprehensive Plan of National Environment", (3)Establish a "National Action Plan for the implementation of PoWPA", (4)Improve the National Plans through linking with Biodiversity 2011-2020 Strategic Targets and relevant PA key issues.

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A Study on Legal Comparison Review of the Pilot's License System of WIG Ship(surface-flying ship) and Pilot Certification System of Aircraft (수면비행선박 조종사 면허제도와 항공기 조종사 자격증명제도의 법적 비교 검토)

  • Park, Sang-Yong
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.3
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    • pp.95-126
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    • 2020
  • In 2017, the world's first WIG ship (WIG: Wing In-Ground) pilot's license written test was conducted in Korea. The WIG ship is a ship that combines the characteristics of ships and airplanes. Therefore, the pilot of the WIG ship was allowed to apply only for those who had the aircraft pilot's license and the 6th class marine nautical license. The WIG ship pilot's license system was first introduced by Korea, so there are no international standards for the license system, and the introduction of a domestic qualification system also requires institutional arrangements due to various restrictions such as pilot training. However, in order to become a valuable industry as a future growth engine for the ocean, several urgent problems need to be solved, and that is the training of manpower for WIG ships. Therefore, I reviewed the institutional issues related to pilot training as this subject. Since 2001, various countries around the world have been discussing this issue, centering on IMO, and Korea has continued to participate and cooperate in IMO meetings. And the national qualification test for surface flying ships was conducted in Korea from 2011. However, there are still problems to be solved, and I pointed out the advancement of the manpower training system, the education and training system, and the designated national educational institution system. As a solution to this, it was suggested through the improvement of the license system and the operation of designated educational institutions. Among these solutions, I believe that the best way is to entrust the operation of designated national educational institutions to private educational institutions. However, I propose a plan that the government entrusts to private educational institutions, but the government is responsible for licensing and supervision. WIG ship will be a new market for the aviation industry and aviation workers.

Emergy Evaluation of the Estuarine Areas of Yeongsan River, Seomjin River, and Han River in Korea (영산강, 섬진강, 한강 하구역의 에머지 평가)

  • Lee, Chang-Hee;Kang, Dae-Seok
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.14 no.2
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    • pp.135-143
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    • 2008
  • An emergy concept was used to evaluate the environment and economy of the estuarine areas of Yeongsan River, Seomjin River, and Han River in Korea. The emergy evaluations clearly showed ecological and socioeconomic characteristics of the estuarine areas that act as ecological and economic centers of surrounding areas. River, tide, and rain provided most of the renewable emergy inputs to the estuarine areas with their contribution to the total emergy input less than 8%. The estuarine areas mostly relied for their operation on the purchased emergy which accounted for $92{\sim}98%$ of the total emergy input to the systems. Emergy indices such as emergy use per unit area, population carrying capacity, environmental loading ratio, and emergy sustainability index revealed that the estuarine areas of Yeongsan River, Seomjin River, and Han River are not sustainable at the current level of economic activities in the areas. The ecological economic values of the environment of the areas were in the range of $7.29{\sim}22.06$ million Em\/ha/yr. They are more than twice that for the whole country, indicating the ecological and economic importance of the eatuarine areas. It is, therefore, urgent to establish and implement estuarine management policies to protect and restore the ecological and economic potentials of the estuarine areas of Yeongsan River, Seomjin River, and Han River. Management plans for the estuarine areas should include both demand-side measures such as reduction of population and economic concentration and consideration of ecological carrying capacity in planning stages for utilization and development of the areas, and supply-side ones such as restoration of degraded ecosystems and construction of new productive ecosystems.

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A Study on the Meaning and Future of the Moon Treaty (달조약의 의미와 전망에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.215-236
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    • 2006
  • This article focused on the meaning of the 1979 Moon Treaty and its future. Although the Moon Treaty is one of the major 5 space related treaties, it was accepted by only 11 member states which are non-space powers, thus having the least enfluences on the field of space law. And this article analysed the relationship between the 1979 Moon Treay and 1967 Space Treaty which was the first principle treaty, and searched the meaning of the "Common Heritage of Mankind(hereinafter CHM)" stipulated in the Moon treaty in terms of international law. This article also dealt with the present and future problems arising from the Moon Treaty. As far as the 1967 Space Treaty is concerned the main standpoint is that outer space including the moon and the other celestial bodies is res extra commercium, areas not subject to national appropriation like high seas. It proclaims the principle non-appropriation concerning the celestial bodies in outer space. But the concept of CHM stipulated in the Moon Treaty created an entirely new category of territory in international law. This concept basically conveys the idea that the management, exploitation and distribution of natural resources of the area in question are matters to be decided by the international community and are not to be left to the initiative and discretion of individual states or their nationals. Similar provision is found in the 1982 Law of the Sea Convention that operates the International Sea-bed Authority created by the concept of CHM. According to the Moon Treaty international regime will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Before the establishment of an international regime we could imagine moratorium upon the expoitation of the natural resources on the celestial bodies. But the drafting history of the Moon Treaty indicates that no moratorium on the exploitation of natural resources was intended prior to the setting up of the international regime. So each State Party could exploit the natural resources bearing in mind that those resouces are CHM. In this respect it would be better for Korea, now not a party to the Moon Treaty, to be a member state in the near future. According to the Moon Treaty the efforts of those countries which have contributed either directly or indirectly the exploitation of the moon shall be given special consideration. The Moon Treaty, which although is criticised by some space law experts represents a solid basis upon which further space exploration can continue, shows the expression of the common collective wisdom of all member States of the United Nations and responds the needs and possibilities of those that have already their technologies into outer space.

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A Study on Piracy Matters and Introduction of the Privately Contracted Armed Security Personnel on Board Ships (해적사건 대응을 위한 무장경비원제도 도입방안에 관한 연구)

  • Roh, Ho-Rae
    • Korean Security Journal
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    • no.41
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    • pp.293-326
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    • 2014
  • Piracy is a worldwide issue, but the deteriorating security situation in the seas off Somalia, the Gulf of Aden and the wider Western Indian Ocean between 2005 and 2012 and in the increasing number of attacks in the Gulf of Guinea are a major problem. The depth of concern for the problem internationally is amply demonstrated by the levels of co-operation and coordination among naval and other forces from several countries that have assembled in the west Indian Ocean region and the Gulf of Aden to escort ships carrying humanitarian aid to Somalia and to protect vulnerable shipping. Notwithstanding this unprecedented effort, the vast sea area in which the pirates now operate makes it difficult to patrol and monitor effectively, particularly with the limited resources available. More resources, in the form of naval vessels and aircraft, are needed and at every opportunity the IMO encourages Member Governments to make greater efforts to provide the additional naval, aerial surveillance and other resources needed through every means possible. IMO provide interim guidance and recommendations to be taken into account when considering the use of PCASP(privately contracted armed security personnel) if and when a flag State determines that such a measure would be lawful and, following a full risk assessment, appropriate. The interim guidance and recommendations of IMO are not intended to endorse or institutionalize the use of armed guards. Therefore, they do not represent any fundamental change of policy by the Organization in this regard. It is for each flag State, individually, to decide whether or not PCASP should be authorized for use on board ships flying their flag. If a flag State decides to permit this practice, it is up to that State to determine the conditions under which authorization will be granted. Therefore, Korea should be introduced rationally PCASP for safe shipping. PCASP on board ships is much the same to special guard personnel of security services industry act. Act plan of Oceans and fisheries ministry on PCASP collides with special guard personnel system of National Police Agency. Rather than new law making, PCASP regukations have to be included in security services industry act. Management Agency of PCASP is to not Oceans and fisheries ministry, but Central Headquarters Korea Coast Guard of Public Safety and Security Ministry because of specialty and closely connection.

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e-Navigation 관련 산업현황에 관한 기초연구

  • Choe, Han-Gyu;Gang, Byeong-Jae
    • 선박안전기술공단연구보고서
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    • s.4
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    • pp.1-108
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    • 2007
  • 2007. 7. 23 IMO의 NAV(항해안전전문위원회)53차 회의에서는 e-Navigation을 해상에서의 안전, 보안, 해양환경보호를 목적으로 전자적인 수단에 의해 선박과 육상에서 해양정보를 수집, 교환, 표시함으로써 항구와 항구간의 항해 및 관련된 서비스를 향상시키는 것으로 정의하고 있다.2005년 11월 영국의 교통부 장관 Stephen 박사는 Royal Institute ofNavigation에서의 연설에서 해상안전과 환경보호를 위하여 선박의 항해를 감시하는 관제소 및 항행하는 선박에 유용하고 정확한 정보가 더 많이 필요함을 역설하였다. 그리고 첨단 기술에 의해 자동화된 항공 항법분야를 예로들면서, 선박의 항법 분야도 항해와 관련된 모든 시설 및 작업을 전자적 수단으로 대체하는 개념인 e-Navigation으로 전환되어야 하며 영국은 이에 필요한 작업을 주도하겠다는 의견을 피력하였다. Stephen은 e-Navigation 도입으로 얻을 수 있는 이익으로 첫째, 항해 실수로 인한 사고 확률저감, 둘째,사고 발생 시 인명 구조 및 피해 확산을 위한 효율적 대응, 셋째, 전통적인항해시설 설치 불필요로 인한 비용 저감, 넷째 선박입출항 수속의 간편화 및항로의 효율적 운용으로 인한 상업적 이익 등을 들었다. 반면에e-Navigation 체계로 전환 시 예상되는 장애로는 첫째, 체계 구축을 위한 비용(특히 개발도상국가들의 경우 어려움 예상), 둘째, e-Navigation의 성과 달성을 위하여 세계 전 해역의 모든 선박이 e-Navigation 체계에 동참하도록유도하는 문제, 셋째, 전자해도 표시 및 선교 장비들에 대한 표준화 문제, 넷째, 육상에 설치할 e-Navigation 센터의 설계 및 구축 등을 꼽았다.IMO는 2005년 81차 MSC(해사안전위원회) 회의에서 영국이 일본, 마샬아일랜드, 네덜란드, 노르웨이, 싱가포르, 미국과 공동으로 제안한 ‘e-Navigation전략 개발’ 의제를 2006년 82차 MSC 회의에서 채택하고, NAV(항해 전문위원회)를 통하여 2008년까지 e-Navigation의 구체적 개념을 정립하고 향후 개발하여야 할 전략적 비전과 정책을 수립하기로 하였다. 이어서 영국을 의장으로 e-Navigation 전략개발 통신작업반이 구성되었는데, 지난 년간 19개국, 16개 전문기관이 참여하여 아래의 작업이 수행되었다. ○ e-Navigation 개념의 정의와 목적 ○ e-Navigation에 대한 핵심 이슈 및 우선 순위 식별 ○ e-Navigation 개발에 따른 이점과 단점의 식별 ○ IMO 및 회원국 등의 역할 식별 ○ 이행계획을 포함한 추가 개발을 위한 작업계획의 작성 IMO에서 수행되고 있는 e-Navigation 전략 개발 의제 일정은 2008년까지이다. 이 전략 개발에 있어서 중요한 요소는 e-Navigation이 포함할 서비스범위, 포함하는 서비스 제공에 필요한 인프라 및 장비의 식별, 인프라 구축및 운용비용을 부담할 주체에 대한 논의, e-Navigation으로 인한 이익과 투자비용에 대한 비교 분석 등이다. 이 과정에서 정부, 선주, 항만운영자, 선원등의 입장 차이와 선진국과 개발도상국 간의 경제 수준 차이는 전략 개발에있어 큰 어려움을 줄 것이므로, 이들이 합의된 전략을 만들기 위해서는 예정된 기간보다 다소 늦어질 가능성도 있다.e-Navigation 전략 개발이 완료되면 1단계로는 해상교통 관제시스템, 선박선교 장비, 무선 통신장비 등에 대한 표준화 작업이 이루어질 것이다. 이 과정에서 각국 간에 자국 보유 기술을 표준화시키기 위한 경쟁이 치열할 것으로 예상된다. 2단계에서는 e-Navigation 체계 하에서의 다양하고 풍부한 서비스 제공을 위한 관련 소프트웨어 및 하드웨어의 개발이 이루어질 것으로전망되는데, 이는 지난 10년간 육상에서 인터넷망 설치 후 이루어진 관련 서비스 산업의 발전을 돌아보면 쉽게 짐작할 수 있을 것이다.e-Navigation 체계 하에서 선박의 항해는 현재와는 전혀 다른 패러다임으로 바뀔 것이다. 예를 들어 현재 입출항 시 요구되던 복잡한 절차는one-stop 쇼핑 형태로 단순화되고, 현재 선박 중심의 항해에서 육상e-Navigation 센터가 적극적으로 관여하는 항해 체계로 바뀔 것이며, 해상정보의 공유와 활용이 무선 인터넷을 통해 보다 광범위하게 이루어질 것이 다.e-Navigation의 잠재적 시장 규모는 선박에 새로이 탑재될 지능형 통합 항법시스템 구축과 육상 모니터링 및 지원 시스템 등 직접 시장이 약 50조원,전자해도, 통신장비, 관련 서비스 컨텐츠 등 간접 시장의 규모가 150조원으로 총 200조원으로 대략 추산하고 있다. 향후 이 거대한 시장을 차지하기 위한 전략 수립이 필요한 시점이다. 지금까지 항해 장비 관련 산업은 선진국의일부 업체들에 의해 독점되어 왔다. 우리나라는 조선과 해운에서 모두 선진국임에도 불구하고 이 분야에서는 대부분 수입에 의존해 왔다. e-Navigation체계 하에서는 전체 시장이 커지고 장비의 사양이 표준화됨에 따라 어느 소수 업체가 현재처럼 독점하기는 더 이상 어려울 것으로 예상된다. 따라서e-Navigation은 우리나라도 항해 장비 분야 시장을 차지할 수 있는 좋은 기회라고 할 수 있다. 특히 조선 1위의 장점을 적극 활용한다면 다른 나라보다우위의 경쟁력을 확보할 수도 있다. 또한, 서비스 분야의 시장은 IT 기술과밀접한 관계가 있으므로 IT 강국인 우리나라가 충분한 경쟁력을 갖고 있다고 할 수 있다.그러나, EU를 비롯한 선진국에서는 이미 e-Navigation 에 대비한 연구를10여년 전부터 수행해 왔다. 앞에서 언급한 EU의 MarNIS 사업은 현재 거의마무리 단계로 당장 실용화 할 수 있는 수준에 있는 것으로 보인다. 늦었지만 우리도 이를 따라잡기 위한 연구를 서둘러야 할 것이다. 국내에서도e-Navigation의 중요성을 깊이 인식하고, 2006년에는 관련 산학연 전문가들로 작업반을 구성하여 워크숍 등을 개최한 바 있다. 또한 해양수산부에서도e-Navigation 핵심기술 개발을 위한 연구사업을 기획 추진하고 있다.그러나 현재 항해통신장비들의 기술기준은 ITU의 전파규칙(RR)과 IMO결의 및 SOLAS 협약을 따르고 있는데 이들 규약이나 결의에 대한 국제적인 추이와 비교할 때 국내의 기술은 표준화되지 못한 부분이 많은 실정이다.본 연구에서는 e-Navigation sytem중 표준화가 필요한 요소와 전자해도,AIS 등 e-Navigation(통합전자항법시스템)관련 국내산업현황 실태조사를 통해 국내 e-Navigation기술개발 동향에 대해 조사하고자 한다.

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Innovation Technology Development & Commercialization Promotion of R&D Performance to Domestic Renewable Energy (신재생에너지 기술혁신 개발과 R&D성과 사업화 촉진 방안)

  • Lee, Yong-Seok;Rho, Do-Hwan
    • Journal of Korea Technology Innovation Society
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    • v.12 no.4
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    • pp.788-818
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    • 2009
  • Renewable energy refers to solar energy, biomass energy, hydrogen energy, wind power, fuel cell, coal liquefaction and vaporization, marine energy, waste energy, and liquidity fuel made out of byproduct of geothermal heat, hydrogen and coal; it excludes energy based on coal, oil, nuclear energy and natural gas. Developed countries have recognized the importance of these energies and thus have set the mid to long term plans to develop and commercialize the technology and supported them with drastic political and financial measures. Considering the growing recognition to the field, it is necessary to analysis up-to-now achievement of the government's related projects, in the standards of type of renewable energy, management of sectional goals, and its commercialization. Korean government is chiefly following suit the USA and British policies of developing and distributing renewable energy. However, unlike Japan which is in the lead role in solar rays industry, it still lacks in state-directed support, participation of enterprises and social recognition. The research regarding renewable energy has mainly examinedthe state of supply of each technology and suitability of specific region for applying the technology. The evaluation shows that the research has been focused on supply and demand of renewable as well as general energy and solution for the enhancement of supply capacity in certain area. However, in-depth study for commercialization and the increase of capacity in industry followed by development of the technology is still inadequate. 'Cost-benefit model for each energy source' is used in analysis of technology development of renewable energy and quantitative and macro economical effects of its commercialization in order to foresee following expand in related industries and increase in added value. First, Investment on the renewable energy technology development is in direct proportion both to the product and growth, but product shows slightly higher index under the same amount of R&D investment than growth. It indicates that advance in technology greatly influences the final product, the energy growth. Moreover, while R&D investment on renewable energy product as well as the government funds included in the investment have proportionate influence on the renewable energy growth, private investment in the total amount invested has reciprocal influence. This statistic shows that research and development is mainly driven by government funds rather than private investment. Finally, while R&D investment on renewable energy growth affects proportionately, government funds and private investment shows no direct relations, which indicates that the effects of research and development on renewable energy do not affect government funds or private investment. All of the results signify that although it is important to have government policy in technology development and commercialization, private investment and active participation of enterprises are the key to the success in the industry.

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Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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An Analysis on the Conditions for Successful Economic Sanctions on North Korea : Focusing on the Maritime Aspects of Economic Sanctions (대북경제제재의 효과성과 미래 발전 방향에 대한 고찰: 해상대북제재를 중심으로)

  • Kim, Sang-Hoon
    • Strategy21
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    • s.46
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    • pp.239-276
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    • 2020
  • The failure of early economic sanctions aimed at hurting the overall economies of targeted states called for a more sophisticated design of economic sanctions. This paved way for the advent of 'smart sanctions,' which target the supporters of the regime instead of the public mass. Despite controversies over the effectiveness of economic sanctions as a coercive tool to change the behavior of a targeted state, the transformation from 'comprehensive sanctions' to 'smart sanctions' is gaining the status of a legitimate method to impose punishment on states that do not conform to international norms, the nonproliferation of weapons of mass destruction in this particular context of the paper. The five permanent members of the United Nations Security Council proved that it can come to an accord on imposing economic sanctions over adopting resolutions on waging military war with targeted states. The North Korean nuclear issue has been the biggest security threat to countries in the region, even for China out of fear that further developments of nuclear weapons in North Korea might lead to a 'domino-effect,' leading to nuclear proliferation in the Northeast Asia region. Economic sanctions had been adopted by the UNSC as early as 2006 after the first North Korean nuclear test and has continually strengthened sanctions measures at each stage of North Korean weapons development. While dubious of the effectiveness of early sanctions on North Korea, recent sanctions that limit North Korea's exports of coal and imports of oil seem to have an impact on the regime, inducing Kim Jong-un to commit to peaceful talks since 2018. The purpose of this paper is to add a variable to the factors determining the success of economic sanctions on North Korea: preventing North Korea's evasion efforts by conducting illegal transshipments at sea. I first analyze the cause of recent success in the economic sanctions that led Kim Jong-un to engage in talks and add the maritime element to the argument. There are three conditions for the success of the sanctions regime, and they are: (1) smart sanctions, targeting commodities and support groups (elites) vital to regime survival., (2) China's faithful participation in the sanctions regime, and finally, (3) preventing North Korea's maritime evasion efforts.