• Journal of Arbitration Studies
• /
• v.25 no.2
• /
• pp.3-17
• /
• 2015

For many years commentators have requested more active regulation of attorney ethics in international arbitration. Gradual deterioration of ethical standards in international arbitration will bring disrepute and, once its reputation is lost, it could take decades to rebuild confidence. The first reason for increasing unethical behavior is that there is no ethical code generally applied to all lawyers participating in international arbitration. A second reason might be that nobody is actively regulating attorneys in international arbitration. The first step to solve this problem is that major arbitration institutions should cooperate to enact a uniform code of conduct to be generally applied to all attorneys representing parties in international arbitration. Recently, IBA and LCIA prepared guidelines on party representation in international arbitration, and the guidelines will help attorneys follow uniform standardsof ethics. However, this will not be sufficient. There should be a regulating body to monitor attorney ethics and take sanctions against unethical attorneys accordingly. Arbitrators, who can see unethical behavior by attorneys from the closest distance, are the most appropriate regulating force rather than courts of arbitration seat or an attorney's licensing country. Of course, arbitrators don't have powers to withdraw or suspend an attorney's license, but they have powers to control attorneys'behavior within arbitration proceedings such as an allocation of fees and costs, barring the assertion of claims or defenses, drawing adverse inferences, or precluding the submission of evidence or testimony. Furthermore, arbitrators should be provided with such obligation as active control of attorney ethics. Even arbitration institutions should participate by imposing on an attorney who is a repeat offender a suspension from appearing in future arbitrations. Unethical behavior will decrease through concerted actions among arbitrational institutions to introduce a uniform code of conduct and to empower arbitrators for more efficient regulation of attorney ethics.

• Journal of Aerospace System Engineering
• /
• v.8 no.2
• /
• pp.1-6
• /
• 2014

Currently outer space become more and more congested and contested, according to the increase of satellites, nations and government consortia that operate satellites, and commercial and academic satellite operators. Therefore, international community, including the United Nations has been making a greater effort to adopt non-legally binding international documents capable of regulating space activities for the purpose of the security, safety and long-term sustainability of space activities. These are a draft International Code of Conduct for Outer Space Activities(ICoC) and UN Group of Governmental Experts on Transparency and Confidence-Building Measures in Outer Space Activities(UNGGE).

• The Korean Journal of Air & Space Law and Policy
• /
• v.25 no.2
• /
• pp.231-247
• /
• 2010

This paper starts with a brief overview of the history of the European Space Agency and recalls some of its main features. Next, the gradual process of cooperation between ESA and the EU is outlined, leading to the creation of the Framework Agreement in 2004 and the adoption of the European Space Policy in 2007. The entry into force of the Lisbon Treaty in 2009 codified the space competence of the EU, and its implications are addressed. Lastly, some attention is paid to the issue of space security in Europe, through ESA's new SSA programme adopted in 2008, and to the relevance of the EU Council initiative for a Code of Conduct for Outer Space Activities in 2008. The paper ends with some conclusions.

• Korean Journal of Child Studies
• /
• v.37 no.6
• /
• pp.185-200
• /
• 2016

Objective: This study examined the code of ethics, which offers guidelines for early childhood teachers' ethical decisions and practices. Results and Conclusion: In the second section of this paper, the meaning of the code of ethics is reviewed. The issues of the code of ethics are also investigated to resolve moral and ethical dilemmas and to maintain high standards of professional conduct in early childhood care and education. In the third section of this paper, a comparison of the ethical codes in South Korea, Japan, the United Kingdom, and the United States is conducted. Based on the results raised in relation to the code of ethics principles and the results of comparing domestic and international ethics codes, the fourth section of this paper focuses on three topics in the current and future direction of the Korean code of ethics: (a) concreteness and clarity, (b) switching from the viewpoint of least harm to the viewpoint of maximum benefit, and (c) the range of benefits of the code of ethics. Then, including the existence of the last two codes of ethics, we discuss the direction of future difficulties currently associated with the situation in Korea.

• International Journal of Fuzzy Logic and Intelligent Systems
• /
• v.8 no.2
• /
• pp.140-145
• /
• 2008

In this paper, we constructed the advanced cargo monitoring system for liquid cargo tankers which embedded the Decision Support System (DSS) based on the International Ship Management Code (ISM Code). To make this system, we first organized a base of expert's knowledge concerning liquid tanker operations that largely affect ocean accidents. We can find out the knowledge via inference method which simply imitates the fuzzy inference method. Based on this expert's knowledge, we constructed the DSS that provides a code of conduct for operating cargo tanks safely. The proposed monitoring system could eliminate human error when confronting dangerous situations, so the system will help sailors to operate cargo tanks safely.

• The Korean Journal of Air & Space Law and Policy
• /
• v.29 no.1
• /
• pp.97-126
• /
• 2014

October 4, 1957 the Soviet Sputnik 1 was launched into space the first time in the history of mankind. After launching, the realm of humankind was expanded to space. Today all countries of the world wage a fierce competition in order to utilize space for various purposes. World powers of space such as United States, Russia, China, and Japan, put reconnaissance satellites and ocean surveillance satellites into orbit, being able to easily see equipment and troops movement on earth. Each country makes efforts to occupy space assets through the militarization of space and expand national interests. Recently private companies or individuals involved in commercial space activities are becoming more prevalent. Thus, in addition to space activities for military purposes, commercial space activities become widespread. Individuals and private companies as well as nations are also involved in space activities. Outer space is not the monopoly of space powers such as the United States and Russia. The whole human race can benefit from free access to space, being the common heritage of mankind. In particular, outer space becomes an indispensable element of military activities and human life. Many countries are now entering space development, putting a lot of budget into new development programs. Republic of Korea also built the Narodo Space Center, starting its space development with budget and manpower. We have to find out ways to use space not only for military purposes but also for commercial space activities that can contribute to the national economy. In addition, through the joint efforts of the international community, we have to make efforts for preservation and peaceful use of space. Various issues relating to space activities and research should be studies in order to contribute to the progress of humanity. Those issues include the definition of outer space, space debris reduction and environmental conservation issues, non-bind measure cooperation - European International Code of Conduct, space law and national legislation related empowerment issues, arms control measures in space, and restrictions on the use of nuclear fuel. We also need to be involved in the discussion of those issues as one of responsible space countries. In addition, we try to find out regional cooperation schemes such as the ESA in the Europe actively. Currently in the Northeast Asia, cooperation bodies led by Japan and China respectively, are operated in the confrontational way. To avoid such confrontation, a new cooperative body needs to be established for cooperation on space exploration and information. The system to allow the exchange of satellite information for early warning of natural disasters needs to be built as well. In addition, efforts to enhance the effectiveness of the relevant international treaties on space, and fill in the blanks in international space laws should be made at the same time. To this end, we have to do a leading role in the establishment of standards such as non-binding measures (resolution) - Code of Conduct, being discussed in the UN and other organizations, and compliance with those standards. Courses in aerospace should be requires in law schools and educational institutes, and professional manpower need to be nurtured. In addition, the space-related technology and policy needs to be jointly studied among the private, public, and military groups, and the cross exchange among them should be encouraged.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
• /
• 2019.11a
• /
• pp.134-136
• /
• 2019

The International Maritime Organization (IMO) issued 2017 Guidelines on maritime cyber risk management. In accordance with IMO's maritime cyber risk management guidelines, each flag State is required to comply with the Safety Management System (SMS) of the International Safety Management Code (ISM) that the cyber risks should be integrated and managed before the first annual audit following January 1, 2021. In this paper, to identify cyber security management targets and risk factors in the maritime sector and to conduct vulnerability analysis, we catagorized the cyber security sector in management, technical and physical sector in maritime sector based on the industry guidelines and international standards proposed by IMO. In addition, the Risk Matrix was used to conduct a qualitative risk assessment according to risk factors by cyber security sector.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
• /
• 2023.05a
• /
• pp.162-163
• /
• 2023

As the development of the 4^th industiral revolution in the maritime industry has progressed, the technical development of autonomous ships, and the development of international regulations have been accelerated. In particular, the IMO Maritime Safety Committee(MSC) has established a road-map for the development of the non-mandatory goal-based MASS instrument(MASS Code) and started developing a non-mandatory MASS Code at MSC 105^th meeting. Many countries are actively participating in the Correspondence Group on the development of MASS Code, and the development of detailed requirements for MASS functions in the MASS Code is underway. Especially, the concept of "Mode of Operation" for MASS functions was mentioned in the Correspondence Group for the first time, and it is expected that discussions on these modes will be conducted from the IMO MASS JWG meeting to held in April 2023. The concept of "Mode of Operation" will be useful in explaining MASS and MASS functions and will be discussed in the future for the development of MASS Code. This paper reviews the contents of the IMCA M 220 document, which provides guidelines on operating modes, to conduct research on the benchmark for setting the operating modes of MASS.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.2
• /
• pp.211-241
• /
• 2012

The Draft International Code of Conduct for Outer Space Activities officially proposed by the European Union on the occasion of the 55th Session of the United Nations Peaceful Uses of the Outer Space last June 2012 in Vienna, Austria is to fill the lacunae of the relevant norms to be applied to the human activities in the outer space and thus has the merit our attention. The missing elements of the norms span from the prohibition of an arms race, safety and security of the space objects including the measures to reduce the space debris to the exchange of information of space activities among space-faring nations. The EU's initiatives, when implemented, cover or will eventually prepare for the forum to deal with such issues of interests of the international community. The EU's initiatives begun at the end of 2008 included the unofficial contacts with major space powers including in particular the USA of which position is believed to have been reflected in the Draft with the aim to have it adopted in 2013. Although the Code is made up of soft law rather than hard law for the subscribing countries, the USA seems to be afraid of the eventuality whereby its strategic advantages in the outer space will be affected by the prohibiting norms, possibly to be pursued by the Code from its current non-binding character, of placing weapons in the outer space. It is with this trepidation that the USA has been opposing to the adoption of the United Nations Assembly Resolutions on the prevention of an arms race in the outer space (PAROS) and in the same context to the setting-up of a working group on the arms race in the outer space in the frame of the Conference on Disarmament. China and Russia who together put forward a draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects (PPWT) in 2008 would not feel comfortable either because the EU initiatives will steal the lime light. Consequently their reactions are understandably passive towards the Draft Code while the reaction of the USA to the PPWT was a clear cut "No". With the above background, the future of the EU Code is uncertain. Nevertheless, the purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security, all to maximize the principle of the peaceful use and exploration of the outer space is the laudable efforts on the part of EU. When the detailed negotiations will be held, some problems including the cost to be incurred by setting up an office for the clerical works could be discussed for both efficient and economic mechanism. For example, the new clerical works envisaged in the Draft Code could be discharged by the current UN OOSA (Office for Outer Space Affairs) with minimal additional resources. The EU's initiatives are another meaningful contribution following one due to it in adopting the Kyoto Protocol of 1997 to the UNFCCC (UN Framework Convention on the Climate Change) and deserve the praise from the thoughtful international community.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.78
• /
• pp.31-51
• /
• 2018

As International arbitration has increased in popularity, there has been an expansion in the pool of arbitrators, and a commensurate diversification of not only the legal backgrounds but cultural backgrounds among themand among parties. As a result, there has been increased attention on the standards used to evaluate arbitrators' conduct and ethics, especially among them, 'Impartiality and Independence of Arbitrator' which is a precondition for an acceptable awards. There is no international treaty or code governing these issues. But the International Bar Association(IBA) seems to be leading the way such as establishing practical guidelines regarding to impartiality and independence of arbitrator. This article will review some theories, cases about impartiality and independence of arbitrator, and practical standards through the IBA guidelines. It is intended to provide specific guidance and criteria to the arbitrators, parties and counsels. And also it is expected to prevent unnecessary delays in arbitration proceedings in advance and filing for the annulment of arbitral awards because of lack of impartiality and independence of arbitrator as well.