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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.

Relationship between Concentration of Oral Malodor and Smoking, Drinking, Oral Health Behavior (구취농도와 흡연 및 음주, 구강건강행위와의 관련성)

  • Han, Gyeong-Soon
    • Journal of dental hygiene science
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    • v.11 no.3
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    • pp.213-220
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    • 2011
  • To examine the relationship between occurrence of oral malodor and smoking, drinking, oral health behavior characteristics. A total of 144 adults were measuring the malodor by use of Oral Chroma volatile sulfur compounds. Data were analyzed with t-test, one-way of variance and multiple regression analysis using SPSS 12.0. hydrogen sulfide($H_2S$) was indicated to be so higher concentration in the group of carrying out scaling sometimes than the regularly group(p<0.01). methyl mercaptan($CH_3SH$) was indicated to be higher concentration in previous smoker than non-smoker and smoker(p<0.05), smoking for over 20 years was higher than the under 20 years group(p<0.05). The group of drinking over 5 times a week was indicated to have higher concentration than the under once-twice a week group(p<0.01). The group of not toothbrushing before going to sleep had higher concentration than the group of toothbrushing before going to sleep(p<0.05). The group of scaling sometimes was indicated to have higher concentration than the group of scaling regularly(p<0.05). dimethyl sulfide($(CH_3)_2S$) was indicated to be higher concentration in the group with over 2 bottles of Soju than in the group with under 1 bottles of Soju(p<0.01). The regular scaling will need to be carried out in the preventive dimension for managing oral malodor. The guidance on non-smoking and moderation in drink will need to be surely included.

The Relationship Between Systemic Diseases and Oral Volatile Sulfur Compound (전신질환과 구취의 휘발성 황화합물 상관관계)

  • Ok, Soo-Min;Tae, Il-Ho;An, Yong-U;Ko, Myung-Yun
    • Journal of Oral Medicine and Pain
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    • v.34 no.1
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    • pp.11-21
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    • 2009
  • This study was conducted to investigate the relationship between systemic diseases and oral malodor. The author measured the volatile sulfur compound(VSC) of the patients who visited Pusan National University Health Promote Center for a comprehensive medical testing. The patients were examined gingival bleeding on probing, CPI index, tongue coating. Their systemic diseases were diagnosed by the specialist. 182 patients consisted of 112 males and 70 females. In this study, Oral $Chroma^{(R)}$ was used to measure oral malodor. This equipment could measure the concentration of intraoral VSC (hydrogen sulfide, methyl mercaptan, dimethyl disulfide). All data were analylized using Statistical Package for the Social Science $12.0^{(R)}$. The result of this study was the followings. 1. There was significant difference of numbers of patient who visited health care center according to the VSC concentration level and the Community Periodontal Index, bleeding on probing, tongue coating. 2. The subjects with hyperlipidemia showed the high level of $CH_3SH$ concentration (p=0.036). The concentration of $H_2S$ tends to be high in the group with abnormal findings on pulmonary fuction test(p=0.086). The concentration of $CH_3SH$ in the groups with abnormal findings on lipid profile test(p=0.130) and bone mineral density test(p=0.099) and abdominal ultrasonograpy(p=0.088) tends to be higher than the other group. 3. The concentration of $(CH_3)_2S$ in the group with abnormal findings on blood pressure test(p=0.113), hepatitis B virus serology(p=0.069), Abdominal ultrasonograpy(p=0.091) tend to be higher than the other group.

Soil Organic Matter Fractions in Upland Soil under Successive Application of Animal Manure Composts (밭 토양에서 가축분퇴비 연용시 토양 유기물 Fraction)

  • Yun, Hong-Bae;Lee, Youn;Yu, Chang-Yeon;Yang, Jae-E;Lee, Yong-Bok;Lee, Kee-Sang
    • Korean Journal of Soil Science and Fertilizer
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    • v.40 no.5
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    • pp.400-404
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    • 2007
  • The objective of this study was to analyze change of soil organic matter fraction from a range of livestock manure compost that differed in their total C, N content and C quality, to gain a better understanding of their influence on soil organic matter. The chicken (CHM), pig (PIM), and cow (COM) manure-based composts, and manure-sawdust-based composts (CHMS, PIMS, and COMS) were applied annually to the upland soil with $3Mg\;C\;ha^{-1}$ during 4 years. After 4 years, the soil carbon content was increased to 25-30 and 40% for manure-based compost and manure-sawdust-based compost compared to control. In the all treatments, the content of light fraction C was sharply increased after second year. The content of light fraction C in the manure-sawdust-based compost was higher than in the manure-based compost. By contrast, the content of heavy fraction C was higher in the manure-based compost than in the manure-sawdust-based compost. These results indicate that stabilization of carbon applied from microbiological process was faster in the manure-based compost than in the manure-sawdust-based compost.

Military Competition and Arms Control in Space (우주상 군비경쟁과 군비통제)

  • Shin, Dong-Chun;Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.203-237
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    • 2011
  • Since USSR successfully launched its satellite "Sputnik"in 1957, many countries including US and USSR began military use of space, and engaged in arms race in space, which is against spirit and ideals of peaceful use of space as common heritage of mankind stipulated in many treaties such as Outer Space Treaty. With worsening Cold War between East and Western Bloc, this military use of space and arms race in space has been intensifying. Regarding the ideals of peaceful use of space, it is interpreted that military use of space is possible unless it does not have the purpose of aggression. The military use of space may have diverse forms such as attacking satellites in space, or attacking from satellites, making use of present and future technologies available which should include the use of nuclear and kinetic/hyper-speed weapons, laser, particle beams, near explosion, disturbance weapons in different directions (i.e., surface to space, space to space, and space to surface). Arms control is being implemented by the efforts of many countries in different formalities including legislature of international treaties under the auspices of UNCOPUOS and prohibition of weapons of mass destruction. Taking outstanding examples aiming at arms control by international community, there are confidence building measures (CBM), strengthening implementation of existing treaties, partial ban of nuclear tests, countryand regional approach, comprehensive approach and measures having legally binding force. While U.S. has surpassed other countries concerned in the area of military useof space, it withdrew from OST in early 2000s, thereby raising concern of international community. It requires concerted efforts of cooperationand implementation by international society to make sure peace of mankind and environmental conservation through arms control in space. Observing de facto possession of nuclear weapons by North Korea following series of nuclear tests and launching satellites, and efforts of launching rockets by South Korea, it is strongly needed for both countries to take part in arms control efforts by international community.

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Study of Rat Mammary Epithelial Stem Cells In Vivo and In Vitro (생체 및 시험관에서 유선 상피 모세포의 분리와 동정)

  • Nam Deuk Kim;Kee-Joo Paik
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.24 no.3
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    • pp.470-486
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    • 1995
  • Mammary epithelial cells contain a subpopulation of cells with a large proliferativ potential which are responsible for the maintenance of glandular cellularity and are the progenitor cells of mammary cancer. These clonogens give rise to multicellular clonal alveolar or ductal units(AU or DU) on transplantation and hormonal stimulation. To isolate putative mammary clonogens, enzymatically monodispersed rat mammary epithelial cells from organoid cultures and from intact glands are sorted by flow cytometry according to their affinity for FITC labeled peanut lectin(PNA) and PE labeled anti-Thy-1.1 antibody(Thy-1.1) into four subpopulations : cells negative to both PNA and Thy-1.1(B-), PNA+cells, Thy-1.1+cells, and cells positive to both reagents(B+). The in vivo transplantation assays indicate that the clonogenic fractions of PNA+cells from out-growths of organoids in primary cultures for three days in complete hormone medium(CHM) are significantly higher than those of cells from other subpopulations derived from cultrues or from intact glands. Extracellular matrix(ECM) is a complex of several proteins that regulated cell function ; its role in cell growth and differentiation and tissue-specific gene expression. It can act as a positive as well as a negative regulator of cellular differentiation depending on the cell type and the genes studied. Regulation by ECM is closely interrelated with the action of other regulators of cellular function, such as growth factors and hormones. Matrigel supports the growth and development of several different multicellular colonies from mammary organoids and from monodispersed epithelial cells in culture. Several types of colonies are observed including stellate colonies, duct-like structures, two- and three-dimensional web structures, squamous organoids, and lobulo-duct colonies. Organoids have the greatest proliferative potential and formation of multi-cellular structures. Phase contrast micrographs demonstrate extensive intracellular lipid accumulation within the web structures and some of duct-like colonies. At the immunocytochemical and electron micrograph level, casein proteins are predominantly localized near the apical surface of the cells or in the lumen of duct-like or lobulo-duct colonies. Squamous colonies are comprised of several layers of squamous epithelium surrounding keratin pearls as is typical fo squamous metaplasia(SM). All-trans retinoic acid(RA) inhibits the growth of SM. The frequency of lobulo-ductal colony formation increased with the augmentation of RA concentration in these culture conditions. The current study models could provide powerful tools not only for understanding cell growth and differentiation of epithelial cells, but also for the isolation and characterization of mammary clonogenic stem cells.

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A Study on the Meaning of Outer Space Treaty in International Law (우주조약의 국제법적 의미에 관한 연구)

  • Kim, Han-Taek
    • 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.

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