• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.109-133
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• 2007

The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

• The Journal of Industrial Distribution & Business
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• v.1 no.1
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• pp.13-21
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• 2010

Since Korea establish diplomatic ties with China in 1992, korea and China have had rapid progress in most of field as politic, economy, society and culture through basing on cultural commonality and geographical adjacency. Especially, China is the biggest trading partner to korea, and also Korea is third-biggest trading country to China. They become strategic cooperating relation in 2008. Currently, in terms of international trade relation, WTO/DDA negotiation is proceeding in difficulty, but FTA has been growing and extending in the world, and the two country, china and korea, have been competitively trying wide and active FTA negotiation promotion. After Financial crisis in 1997, according to the requirement of local economic cooperation, China has shown the interest to several countries since the conclusion of FTA treaty with ASEAN in 2005. China also makes the active afford to conclude FTA with Korea. Last May 28th, this was mentioned in the meeting between president Lee and Premier Wen Jiabao, so it is anticipated that the negotiation for FTA will be started in the near future. There are many political suggestions and concerns in terms of way of negotiation korea would choose. Some economist said that "'Continuous FTA aimed at long-term protocol should be promoted between korea and China and negotiated includingly'" However, this research claims that commodity exchange, service, and investment areas should be included and it has to be comprehensive package settlement style in negotiation. This research has found out the characteristics of China's negotiation and implications through the China's existed FTA negotiation examples. Currently, China has taken Continuous or a phase-negotiation method to ASEAN, Pakistan, Chile and some other developing country and to advanced countries like New Zealand or Singapore, comprehensive package settlement method is used in FTA negotiation. In consider of the FTA negotiation between Korea and China, Korea has some problems in the commodity change area in agriculture maket's opening. While, for china, the issues would happen in service trade area, especially when encountering finance and communication industries are opened, China's economy could be exposed to some risk. In result, Korea should expand its negotiation range from commodity trade to service trade, in order to exchange both issues, then the negotiation will be concluded more easily. In other word, for FTA, korea should follow comprehensive package settlement way that is similar to New zealand and Singapore case. Through this kind of method, Korea can expect effect of creating trade, conversion of it and preoccupancy of service field in china's market against the advanced countries like Usa, Europe and Japan. Also, to have a successful FTA negotiation, korea should find out china's policy for FTA negotiation. With this information, korea will be able to suggest the way to make a profit. Systematic analysis and comparison about previous negotiation cases of china are needed before the negotiation begin.

• Environmental and Resource Economics Review
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• v.13 no.3
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• pp.519-547
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• 2004

This paper analyze problems about scope of specific trade obligations(STOs), principle of dispute settlement procedure, and non-parties in context of the Cartagena Protocol on Biosafety(POB), which based on sub-paragraph 31(i) of DDA WTO Ministrial Declaration. The implications based on result of this study are as follows. First, to accept the wider scope of STOs under POB in Korea, importing country, won't be harmful to LMOs and Bioindustry. Instead, it will ensure a high level of biosafety concerning the import of LMOs. Exporters can take different kinds of trade measures to countervail adverse effect on the export of LMOs in this case. Therefore importer will endure the aftereffect. However, if korea were in exporter's place, to accept the wider scope STOs under POB will not have a good influence on the export of LMOs. Korea, therefore, should devise scheme for responding to debate about the STOs in MEAs, which have to be based on cost-benefit analysis and scenarios taking into account of speed and level in biotechology progress, status and trend of LMOs R&D and production, and condition of other industries. Second, it is not easy to agree with applying to what's rule between the POB and WTO for settlement dispute. Because there is the incompatibility between the POB characterized according to social rationality and WTO's rules for safety and environmental protection characterized according to scientific rationality. This issue have to be discussed for long period due to gap like that. Accordingly Korea, one of major LMOs importing countries, should suggest continuously that the effort is needed to ensure an adequate level of protection in transboundary movements of LMOs and scientific, environmental and socio-economic study. Third, in case of dispute between party and non-party of the POB, the duties under the WTO of non-party of the POB(if WTO member country) is valid. The country, therefore, will try to settle dispute based on WTO's rules. However, international society have to ensure for sound and safe use of LMOs in the field of transboundary movements. Accordingly Korea should devise scheme for preventing the possibility of dispute between party and non-party of the POB(if WTO member country), which is supported by policy options under the POB.

• Journal of Fisheries and Marine Sciences Education
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• v.3 no.2
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• pp.73-82
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• 1991

In recent years, the communication and the trade between the Republic of Korea(South Korea) and the Communist bloc has been activated. The simultaneous entrance of South Korea and North Korea to the United Nations will accelerate the political dialogue and also the trade which is indirectly carried out through a third country at present will be turned into direct way. Fisheries products are also treated as one of the important trade goods and there is a hopeful prospect that the amount of trade will be steeply increased in the near future. Furthermore, there is a great possibility of development up to the joint utilization of fishing grounds or the joint investment in fisheries projects. Concerning such points, since it is very much important to understand the present status of fisheries in North Korea, the author made a study on this field as requested by the Board of Unification, and report a part of the study here. The prominent character of North Korea's ruling sea area is that the sea is completely separated into two regions-the East Sea Region and the West Sea Region-and no continuity exists between them. The East Sea Region locates in the fringe of the biggest fishing ground of the world-the North Pacific Ocean-and very rich in resources not only warm water fishes but also cold water fishes. Especially alaska pollack, Theragra chalcogramma, is caught abundantly in this region. Contrary to that, fishing activity in the West Sea Region seems to be interrupted in winter. Even though some valuable warm water fishes-yellow corvenia, Pseudosciaena manchurica, and hair tail, Trichiurus lepturus, and so forth-come to this region from spring to summer along the coast line of this region for spawning, and vigorous fishing activity is carried out. But the most of them migrate southward to the neighboring waters of Cheju Island for wintering from autumn to winter, and so the fishing activity in this region seems to be interrupted greatly during winter. The total number of fishing boats in North Korea is estimated at 36 thousand and the rate of mechnization at about 70% compared with 99 thousand and 78% in South Korea. North Korea proclaimed an exclusive economic zone of 200 nautical miles in 1977. Specific character of this zone is setting of military boundary zone, up to 50 miles from the base line in the East Sea Region and also it covers whole region of the economic zone in the West Sea Region. Especially in the East Sea Region she set up a straight base line which can not be permissible by the international law. North Korea's statistics on fisheries product has not been announced officially on account of her unique isolationism, but it can be estimated through several data procured. At the first, the amount of fisheries products in the North Korea is reported as about 1.7 million ${\frac{M}{T}}$ by Fisheries Statistics which issued by the FAO in 1987, but a North Korea's trade organization announced the amount as 3.5 million ${\frac{M}{T}}$ in 1988. The former seems to be underestimated and the latter must be an exaggeration. According to Chikuni, who is a Japanese worker for FAO, prepared the unofficial statistics based on the evidence which he collected through the fineries development plan of the FAO/UNDP, and estimated the mean amount between 1982 and 1984 was 2.4 million ${\frac{M}{T}}$ or so. The Board of Unification estimated on the basis of various factors that the amount was 2.2 million ${\frac{M}{T}}$ or so in 1987 and in 1988. This seems to be the most reasonable. To solve the chronic lack of foreign currency, North Korea makes effort on the development of fisheries, and has even aimed fisheries product at 11 million ${\frac{M}{T}}$ by 1993, but this target looks unrealistic under the present circumstances. Somehow, we can exploit her extreme policy which has gone so far as to establish such an excessive and impractical target. Nevertheless this will be helpful to promote the joint development of the fishery activity between South Korea and North Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.419-477
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• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty 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." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• International Journal of Railway
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• v.1 no.4
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• pp.129-133
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• 2008

Over the last $15{\sim}20$years, many countries have adopted policies of railway privatization to keep up with increasing competition from road and air transport. Although each country and case has its own history, market characteristics, political context as well as administrative process, railway privatizations (including railway restructure, concession etc.) in the west usually are accompanied with the establishment of new regulatory regimes. Therefore, railway governance has been innovating towards an interaction of government, regulator, industry bodies, user groups, trade unions and other interested groups within the regulatory framework. However, it is not the case in China. Although China had seen a partial privatization in some branch lines and is experiencing a much larger-scale privatization by establishing joint-ventures to build and operate high-speed passenger lines and implementing an asset-based securitization program, administrative control still occupies absolutely dominant position in the railway governance in China. Ministry of Railway (MOR) acts as the administrator, operator as well as regulator. There is no national policy that clearly positions railway in the transportation network and clarifies the role of government in railway development. There is also little participation from interested groups in the railway policy making, pricing, service standard or safety matter. Railway in China is solely governed by the mere executive agency. Efficiency-focused economic perspective explanation is far from satisfaction. A wider research perspective from political and social regime is of great potential to better explain and solve the problem. In the west, separation and constrains of power had long been established as a fundamental rule. In addition to internal separation of political power(legislation, execution and jurisdiction), rise of corporation in the 19th century and association revolution in the 20th century greatly fostered the growth of economic and social power. Therefore, political, social and economic organizations cooperate and compete with each other, which leads to a balanced and resonable power structure. While in China, political power, mainly party-controlled administrative power has been keeping a dominated position since the time of plan economy. Although the economic reform promoted the growth of economic power of enterprises, it is still not strong enough to compete with political power. Furthermore, under rigid political control, social organizations usually are affiliated to government, independent social power is still too weak to function. So, duo to the limited and slow reform in political and social regime in China, there is an unbalanced power structure within which political power is dominant, economic power expanding while social power still absent. Totally different power structure in China determines the fundamental institutional environment of her railway privatization and governance. It is expected that the exploration of who act behind railway governance and their acting strength (a power theory) will present us a better picture of railway governance as a relevant transportation mode. The paper first examines the railway governance in China and preliminarily establishes a linkage between railway governance and its fundamental institutional environment, i.e. power structure in a specific country. Secondly, the reason why there is no national policy in China is explored in the view of political power. In China, legislative power is more symbolic while party-controlled administrative power dominates political process and plays a fundamental role in Chinese railway governance. And then, in the part three railway finance reform is analyzed in the view of economic power, esp. the relationship of political power and economic power.

• Journal of the Korean association of regional geographers
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• v.14 no.2
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• pp.93-104
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• 2008

This article will divide agricultural change process in Yanbian area into the period of japan rule, socialism and later time of the reform and open policy and so on. It will analyze the changes of Yanbian agriculture in every period influenced by external environment influence. The conclusions are as follow: first, under the influence of the japan rule, the policy about Korean Minority immigrants in japan and the original work agriculture and the group tribe construction, Yanbian fanning was controlled by the Japanese. Therefore, Yanbian's agriculture became the tool to satisfy the war and plunder the resource for Japanese. It shows the obviously peripheral characteristics. Second, in socialism time, Yanbian's agriculture was influenced by the rural communalization. The fanning completely belongs to the country, the agricultural production is influenced by the idea of "grain as the key link" which it only pays attention to take the cultivation industry and the production of grain in the interior of cultivation industry. Therefore, it has not been able fully to use the rich natural resource. Third, after reform and open policy, the countrysides were implemented family contract responsibility system, the farmer can rent the land for a long time, and the enthusiasm of agricultural production was improved. Moreover, due to the social market economy-system, the farmer carried on the agricultural production activities according to the market's demands and various departments of the agriculture obtained the coordinate development.

• Journal of Digital Convergence
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• v.19 no.9
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• pp.169-180
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• 2021

This study analyzed research trends on smart logistics in Korea by conducting social network analysis (SNA) using R. The purpose of this study is to enhance the understanding of the smart logistics field along with the smart logistics status and policy review, and to suggest implications and future research tasks. The analysis period and subjects were 128 academic journal papers on smart logistics-related topics over the past 10 years (2011-2020), and the results were divided into the first half (2011-2015) and the second half (2016-2020). The analysis of the study was carried out step-by-step through frequency analysis, network centrality analysis, and visualization. As a result of the study, the quantitative increase and diversification of the research field were confirmed. It was also confirmed that the concentration of research on core areas increased by increasing the proportion of duplicate keywords. In addition, keywords with high betweenness centrality and degree centrality score such as Logistics, Authentication, Smart, Service, RFID, Technology, and Revolution were presented. Lastly, this study reviewed the structure with a focus on betweenness centrality after visualizing the network with main keywords. As a result, early research was focused on the field of logistics, and after 2016, it was confirmed that the center of research was diversifying and expanding with the development of the 4^th industrial revolution and major technologies.

• International Area Studies Review
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• v.15 no.2
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• pp.351-381
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• 2011

When EU was formed in the late 1950s, the income gap or economic development between member nations was similar so that the interest in execution of regional policies at the level of union was relatively small, with just Italy showing some interest relatively. In 1975, however, ERDF was founded, and nations such as Spain or Portugal that were falling behind in economic development compared to existing member nations joined EU, and the regional policy of the union gradually gained attention. Accordingly, EU gradually increased the budget size for regional policies so that through 1980s and 1990s, the budget size grew over 4 times. In 2004 and 2007, 12 Central-Eastern European nations with great gaps in income level with existing member countries joined EU all at once, so that the resolution of regional inequality among member nations arose as an important assignment in the development of the community. Accordingly, EU has modified the overall goals and basis of regional policies to deal with this matter. From such perspectives, this report examined the development process of regional policies executed by EU for the last 50 years. In the conclusion parts, the issues that appeared in the process of executing EU's regional policies were also examined at the same time.

• Journal of Navigation and Port Research
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• v.46 no.6
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• pp.530-537
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• 2022

Tug services are essential services to ensure port safety. However, due to the relatively low barrier to entry into the tug service market, the number of service companies has increased, which has led to growing concerns about excessive competition among companies and poor service quality. To solve these problems, it is necessary to prepare a service quality evaluation system, but full-fledged implementation remains far away. The purpose of this study is to develop a tug service quality evaluation model that can be practically applied. To this end, an evaluation model consisting of two major categories, eight middle categories, and 25 detailed evaluation indicators was developed through a literature review, case studies, and expert interviews. AHP analysis is also conducted to derive the relative importance of the evaluation items. As a result of the analysis, it was found that the weight of user satisfaction was higher than that of management evaluation. In addition, the weights for each detailed indicator of management evaluation were in descending order of facility management, company management, and financial soundness, and it was analyzed that the management of facilities directly used for services was important. User satisfaction is in descending order of safety, punctuality, service satisfaction convenience, and transparency. These results show that securing safety is a top priority, and that the inherent quality of services such as safety and punctuality is more urgent than those of the convenience and transparency of the process in terms of providing preliminary services.