• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.127-145
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• 2011

European Union unilaterally included the emissions from aviation activities into EU ETS on 19 November 2008 by amending Directive 2003/87/EC. According to the Directive all the emissions(mainly against the CO2) from aviation activities shall be subject to the regulation of EU ETS from 2012. For the period from 1 January 2012 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 97% of the historical aviation emission s. From 1 January 2013, the allowances will be reduced to 95%. The allocation of allowances which may be applied by each operator with free of charge will be reduced from 85% to 82% from 1 January 2012 to 1 January 2013. Since the Directive will affect every country's airline industry more or less, the nations and international organizations respond variously. The controversial focus is that whether EU has the right to unilaterally include the emissions from international aviation activities into EU ETS. This article firstly analyzes the effect caused by EU ETS to China's airline industry, and then studies the legality of the action of EU subject to current positive international law, and finally draws the conclusion that EU enjoys no such right to unilaterally include the emissions from international aviation activities.

• The Korean Journal of Air & Space Law and Policy
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• v.13
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• pp.9-25
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• 2001

• The Korean Journal of Air & Space Law and Policy
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• no.spc
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• pp.165-180
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• 2007

• The Korean Journal of Air & Space Law and Policy
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• v.13
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• pp.85-150
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• 2001

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.261-282
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• 2012

The European Union (EU) has introduced the EU Emissions Trading Scheme (EU ETS) as one of the key policies to reduce the level of greenhouse gas emissions and in July 2008, they decided to include aviation in the scheme. As soon as the decision was announced the EU ETS was met by sharp opposition from world governments and international aviation. A group of US airlines, in particular, dropped a lawsuit against the British government over aviation's inclusion in the EU ETS. On 21 December, the Court of Justice of the European Union (CJEU) ruled that aviation's inclusion in the EU ETS which covers all flights arriving into and departing from the EU is legal and does not contravene international law. The scheme eventually came into effect on 1 January 2012. However, most countries are in opposition to the EU ETS and have agreed on counter-measures to undermine the EU's plan which may bring chaos to the aviation industry if such measures were to put into practice. This study therefore will analyze the likely effects that may be brought to the Korean aviation industry as a result of the inclusion of aviation in the EU ETS. Further, it hopes to contribute to the Korean aviation industry by studying other countries' counter-measures in advance.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.133-152
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• 2003

Certification by Civil Aviation Law is necessary for aircraft parts and appliances as well as aircraft, engines, and propellers to ensure safety and reliability in operation. Advanced countries in aerospace industry as like U.S.A require Parts Manufacturer Approval for aircraft parts and Technical Standard Order Authorization for designated appliances. However, there are no legal requirements for certification of aircraft parts and appliances in Korea until now. This study presents the draft to revise Civil Aviation Law, which is applicable to set up domestic certification system and maintain it equivalent to U.S. Federal Aviation Regulation.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.183-204
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• 2014

US 911 incidents have changed all aviation security system in the world. Especially the US changed all existing system into new one. One of the most fundamental changes is aviation security acts, regulation and several programmes. Based on the new aviation security act enacted in 2001, several code of federal regulations have been amended to strengthen US aviation security system. These regulation also enable new aviation security programmes including several airline and airport security related programmes, K-9 programme, BDO programme and air marshall programmed. All the programmes enables US aviation security improvements. Also the creating of TSA based on the aviation and transportation security act has provided the enhancement of aviation security in US. The purpose of this thesis is studying the change of aviation security system in the US especiatly in terms of aviation security legislation perfective and comparing the system with Korean aviation security legal system and provides possible solution to enhance Korean aviation security legislation and structure.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.179-197
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• 2004

As we observed in Irag war, air force power is integral to military operations owing to its promptness and accuracy. In this regard, strong air force power has a deterrent effect on a war. Meanwhile, as aviation industry is a key-future industry, the importance of the industry in our economy is significantly growing. Therefore, to maximize a national interest in utilizing limited aviation resources, it is necessary to establish a new system in which civil aviation and military aviation system is closely related and consolidated. Thus, our task is to find a way to enhance civil aviation industry to the extent of guaranteeing effective military operations. At the same time, civil aviation resources shall be effectively utilized for the military purposes in the event of a war. Ibis task should be carried out in a way to further efficiency for both civil and military aviation system, rather than resulting in conflicts between two syste

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.245-271
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• 2015

The downing of the MH17 reminds the world that the international civil aviation is not as safety and security as people expected. Such tragedy is partly due to the risk and danger of the armed conflict zones, but is more attributed to the ignorance to the international law by the responsible parties concerned. International laws applicable to the armed conflict zones shall be strictly followed, and the reparation shall be provided to the victims, otherwise such disaster could not be avoided in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.211-245
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• 2003

While the necessity of introduction of legislative enactment for military aircraft operation became more evident especially after the Aviation Law that has recently been revised, the prospects of such legislative action in which adopts the unique nature of aircraft need to cone to life more than ever. Here lies our efforts to analyze the problems of Military Airbase Law, to introduce status of military-related legislations in other countries, and to examine legislative support system and overall direction for the legislative enhancement by presenting and discussing necessary subject matters m an endeavor to enact or revise the military-related aviation law.