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Status and Improvement of Metropolitan Government Urban Agriculture Ordinances for the Enhancement of Multifunctionality in Urban Agriculture (도시농업의 다원적 기능 활성화를 위한 광역지방자치단체 도시농업 조례 현황 및 개선 방향)

  • Ji-Won Choe;Choong-Hyeon Oh
    • Korean Journal of Environment and Ecology
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    • v.38 no.1
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    • pp.90-107
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    • 2024
  • This study analyzed the status of urban agricultural regulation of metropolitan governments on supporting multi-dimensional values to suggest a direction for improving urban agriculture regulations. Moreover, a Delphi survey was conducted to derive ways to identify improvement opportunities for functions that showed relatively insufficient support for urban agricultural regulations. As a result of the study, 12 out of 17 metropolitan governments and 116 of 226 municipalities have enacted urban agricultural regulations. However, the enactment of urban agricultural regulations has generally declined since 2011. Analysis of the contents of the urban agricultural regulations showed that they focused on matters relating to the creation and expansion of the foundation of urban agriculture. Among the multi-dimensional values of urban agricultural regulations, the foundation for supporting the securing of green spaces and utilizing food production functions was most widely available. On the other hand, the foundation for support of resource recycling, healing and health, social welfare, economic imbalance mitigation, and job creation functions has been shown to be relatively insufficient. A Delphi survey conducted to determine potential measures to improve urban agricultural regulations to support these functions found that 17 of the 18 ordinance improvement measures were valid. Therefore, to revitalize the multi-dimensional values of urban agriculture, it is first necessary to enact new ordinances. Also, to revitalize the multi-dimensional values of urban agriculture evenly, it is necessary to revise the ordinances to include resource recycling, healing and health, social welfare, mitigation of economic imbalances, and job creation functions. In this process, the development of urban agriculture technology, legal review of various urban farming spaces, and fostering of industries related to urban agriculture are necessary. Above all, steady interest in the multi-dimensional values of urban agriculture and the efforts of local governments to foster urban agriculture must be supported.

A Legal Analysis on the Absence of Provisions Regarding Non-relative Patients in the Act of Decisions-Making in Life-Sustaining Medicine (연명의료결정법에서 무연고자 규정미비 등에 관한 법적 고찰)

  • Moon, Sang Hyuk
    • The Korean Society of Law and Medicine
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    • v.24 no.4
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    • pp.103-128
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    • 2023
  • According to the current act of Decision-Marking in Life-Sustaining Medicine, the decision to withhold or discontinue life-sustaining treatment is primarily based on the wishes of a patient in the dying process. Decision-making regarding life-sustaining treatment for these patients is made by the patient, if he or she is conscious, directly expressing his/her intention for life-sustaining treatment in writing or verbally or by writing an advance medical directive and physician orders for life-sustaining treatment. It can be exercised. On the other hand, if the patient has not written an advance medical directive or physician orders for life-sustaining treatment, the patient's intention can be confirmed with a statement from the patient's family, or a decision to discontinue life-sustaining treatment can be made with the consent of all members of the patient's family. However, in the case of an unrelated patient who has no family or whose family is unknown, if an advance medical directive or physician orders for life-sustaining treatment are not written before hospitalization and a medical condition prevents the patient from expressing his or her opinion, the patient's will cannot be known and the patient cannot be informed. A situation arises where a decision must be made as to whether to continue or discontinue life-sustaining treatment. This study reviewed discussions and measures for unbefriended patients under the current law in order to suggest policy measures for deciding on life-sustaining treatment in the case of unbefriended patients. First, we looked at the application of the adult guardian system, but although an adult guardian can replace consent for medical treatment that infringes on the body, permission from the family court is required in cases where death may occur as a direct result of medical treatment. It cannot be said to be an appropriate solution for patients in the process of dying. Second, in accordance with Article 14 of the Life-Sustaining Treatment Decision Act, we looked at the deliberation of medical institution ethics committees on decisions to discontinue life-sustaining treatment for patients without family ties.Under the current law, the medical institution ethics committee cannot make decisions on discontinuation of life-sustaining treatment for unbefriended patients, so through revision, matters regarding decisions on discontinuation of life-sustaining treatment for unbefriended patients are reflected in Article 14 of the same Act or separate provisions for unbefriended patients are made. It is necessary to establish and amend new provisions. In addition, the medical institution ethics committee must make a decision on unbefriended patients, but if the medical institution cannot make such a decision, there is a need to revise the law so that the public ethics committee can make decisions, such as discontinuing life-sustaining treatment for unbefriended patients.

Current Status of Informed Consent Form for Acupotomy in Korean Medicine Hospitals and Development of a Standard Informed Consent Form Using Delphi Method (한방병원의 침도 시술 동의서의 현황 조사와 델파이 기법을 활용한 표준 시술 동의서 개발)

  • Jihun Kim;Bonhyuk Goo;Hyongjun Kim;Kyoungsuk Seo;Myungjin Oh;Myungseok Ryu;Sang-Hoon Yoon;Kwang Ho Lee;Hyun-Jong Lee;Jungtae Leem;Hyungsun Jun;Jeong Ihn Sook;Sung Woon Choi;Tae Wook Lee;Yeonhak Kim;Yoona Oh;Kunhyung Kim;Gi Young Yang;Eunseok Kim
    • The Journal of Korean Medicine
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    • v.45 no.1
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    • pp.182-201
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    • 2024
  • Objectives: This study was conducted to develop a standard acupotomy consent form that takes into account the unique characteristics of Korean Medicine. The study was motivated by the increasing importance of patient autonomy and the growing number of legal disputes related to medical malpractice in the clinical field of Korean Medicine. Methods: The analysis phase of the study involved a survey of the current status of acupotomy consent forms in Korean Medicine hospitals nationwide. The items of each form were analyzed based on the contents of the Medical law and the standard contract for medical procedures of the Fair Trade Commission (FTC). In the development and evaluation phase, the items and contents of the acupotomy consent form were evaluated using a 5-point Likert scale and content validity was assessed through two rounds of Delphi surveys. In the improvement phase, the contents of the consent form were revised based on the results of a survey of inpatient and outpatient patients in the Department of Acupuncture and Moxibustion at Pusan National University Korean Medicine Hospital, and real-time online meeting. The final version of the standard acupotomy consent form was completed after undergoing proofreading and corrections by a linguistics expert. Results: Only 30% of Korean Medicine hospitals have implemented acupotomy consent forms. The items of the consent forms did not fully include the items presented in the Medical act and the standard contract for medical procedures of the FTC. To address this issue, two rounds of Delphi surveys and a real-time discussion were conducted with a panel of 12 experts on 27 preliminary items of consent forms. The items and contents that met the criteria for content validity ratio, convergence, and consensus were derived. Based on the derived items and content, a standard acupotomy consent form was developed. Conclusions: The standard consent form for acupotomy is anticipated to ensure patient autonomy and enhance transparency and liability in acupotomy. Furthermore, it is expected to serve as evidence in case of medical disputes related to acupotomy and contribute as a reference document for the development of standard consents forms for various procedures of Korean Medicine. However, the limitations of the study include that the survey of consent forms was limited to only training hospitals of Korean Medicine, and the standard consent form is only applicable to adults in Korea. Future studies are needed to address these limitations.

Optimal Monetary Policy System for Both Macroeconomics and Financial Stability (거시경제와 금융안정을 종합 고려한 최적 통화정책체계 연구)

  • Joonyoung Hur;Hyoung Seok Oh
    • KDI Journal of Economic Policy
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    • v.46 no.1
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    • pp.91-129
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    • 2024
  • The Bank of Korea, through a legal amendment in 2011 following the financial crisis, was entrusted with the additional responsibility of financial stability beyond its existing mandate of price stability. Since then, concerns have been raised about the prolonged increase in household debt compared to income conditions, which could constrain consumption and growth and increase the possibility of a crisis in the event of negative economic shocks. The current accumulation of financial imbalances suggests a critical period for the government and central bank to be more vigilant, ensuring it does not impede the stable flow of our financial and economic systems. This study examines the applicability of the Integrated Inflation Targeting (IIT) framework proposed by the Bank for International Settlements (BIS) for macro-financial stability in promoting long-term economic stability. Using VAR models, the study reveals a clear increase in risk appetite following interest rate cuts after the financial crisis, leading to a rise in household debt. Additionally, analyzing the central bank's conduct of monetary policy from 2000 to 2021 through DSGE models indicates that the Bank of Korea has operated with a form of IIT, considering both inflation and growth in its policy decisions, with some responsiveness to the increase in household debt. However, the estimation of a high interest rate smoothing coefficient suggests a cautious approach to interest rate adjustments. Furthermore, estimating the optimal interest rate rule to minimize the central bank's loss function reveals that a policy considering inflation, growth, and being mindful of household credit conditions is superior. It suggests that the policy of actively adjusting the benchmark interest rate in response to changes in economic conditions and being attentive to household credit situations when household debt is increasing rapidly compared to income conditions has been analyzed as a desirable policy approach. Based on these findings, we conclude that the integrated inflation targeting framework proposed by the BIS could be considered as an alternative policy system that supports the stable growth of the economy in the medium to long term.

A Study on How to Improve Local Government Ordinances to Promote Korean Heritage Information Management : Focusing on the relation aspect of Korean Heritage laws and ordinances (국가유산 정보 관리 활성화를 위한 광역자치단체 조례의 개선 방향 연구 : 국가유산 관련 법과 조례의 관계적 성격을 중심으로)

  • GANG Bobae;JOO Sanghun
    • Korean Journal of Heritage: History & Science
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    • v.57 no.3
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    • pp.140-160
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    • 2024
  • The implementation of the "Basic Law on Korean Heritage" on May 17, 2024, brought about significant changes in the operation of Korean heritage-related ordinances in 17 local governments. This study specifically analyzes the production, collection, and information transfer of Korean heritage information between the Korean Heritage Service and local governments, focusing on the provisions of the law. Finally, in order to achieve the goal of revitalizing the management of Korean heritage information, the study suggests five directions for improvement of the local government ordinance from three perspectives. Firstly, in order to systematize the production of Korean heritage information, it is necessary to specify the entities that produce and manage information in Korean heritage, and to select important Korean heritage information from the information produced and manage it strategically. In today's complex Korean heritage management environment, it is impossible to manage all the Korean heritage information produced by various stakeholders. Secondly, in order to systematize the delivery of Korean heritage information, detailed procedures related to the information to be delivered to the Korean Heritage Service should be specified, and a clear plan for information delivery and management between local and basic local governments should be defined. In the Korean heritage information delivery system, local governments play various roles as direct information providers, managers, consumers, and transmitters. Therefore, it is necessary to specify the provisions of the ordinance so that local governments can systematically fulfill their various roles in the Korean heritage information delivery system. Thirdly, in order to activate the production of Korean heritage information, local governments should review the provisions of the Act to ensure that important Korean heritage information generated from directory provisions and non-mandatory provisions, in addition to the mandatory provisions of the Korean Heritage Act, is not omitted. In particular, Korean heritage information is not just administrative information, but also includes specialized information for the maintenance of the current state of Korean heritage. Therefore, if certain Korean heritage information is partially missing, there may be a gap in intergovernmental communication for Korean heritage management.

Ecological Sustainable Society and Constitution: A Manifesto for Environmental State Principle (생태적으로 지속가능한 사회와 헌법: 환경국가 원리 선언)

  • Park Tae-hyun
    • The Journal of Learner-Centered Curriculum and Instruction (JLCCI)
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    • v.22 no.1
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    • pp.7-45
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    • 2018
  • Modern environmental problem that caused by the structure and system of human civil society threaten the ecological sustainability of the entire earth. Therefore it is an ecological crisis as a structural crisis. This ecological crisis is also a social crisis because it makes the survival of society difficult. Our society should aim and pursue an ecologically sustainable society because our response to this structural ecological-social crisis must be social-structured. Efforts to achieve an ecologically sustainable society call for fundamental and far-reaching changes in lifestyle, production and consumption patterns, and changes in the already established power structure that govern society today. It is necessary to pay attention to the new formulation of the constitutional law which is the legal basic order of the national community in the point that this fundamental and broad change must start from establishing the right relationship with nature. In this article, we present the principle of environmental state as a framework of constitutional norms for an ecologically sustainable society. According to M. Kloepfer, who in the late 1980s used the concept of an environmental state in Germany for the first time, the "state of the environment" refers to a "state (institution)" in which the inviolability of the environment is a measure and process goal of the state tasks and decisions. I would like to establish the environmental state as "a state that guarantees a balance between the social demands for nature and the maintenance of the natural living foundations and forms it together. In this context, I intend to establish the components of environmental state principles as follows. First, the ideological foundation of the environmental state is to respect the life community on earth, which consists of human beings and non-human beings, and to intrinsic value of nature, and to harmony with nature. In addition, the key tasks of environmental states are to secure environmental rights, responsibility for the global ecosystem and future generations, and recognition of the interests of animals. As a core social system for realizing this environmental state principle I would like to present (i) the economic order, (ii) the sustainable maintenance and management of the land and natural resources, and (iii) the agricultural and fishery industries and local communities.

A Study on the Change of Cyber Attacks in North Korea (북한의 사이버 공격 변화 양상에 대한 연구)

  • Chanyoung Park;Hyeonsik Kim
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.4
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    • pp.175-181
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    • 2024
  • The U.N. Security Council's North Korea Sanctions Committee estimated that the amount of North Korea's cyberattacks on virtual asset-related companies from 2017 to 2023 was about 4 trillion won. North Korea's cyberattacks have secured funds through cryptocurrency hacking as it has been restricted from securing foreign currency due to economic sanctions by the international community, and it also shows the form of technology theft against defense companies, and illegal assets are being used to maintain the Kim Jong-un regime and develop nuclear and missile development. When North Korea conducted its sixth nuclear test on September 3, 2017, and declared the completion of its national nuclear armament following the launch of an intercontinental ballistic missile on November 29 of the same year, the U.N. imposed sanctions on North Korea, which are considered the strongest economic sanctions in history. In these difficult economic situations, North Korea tried to overcome the crisis through cyberattacks, but as a result of analyzing the changes through the North's cyber attack cases, the strategic goal from the first period from 2009 to 2016 was to verify and show off North Korea's cyber capabilities through the neutralization of the national network and the takeover of information, and was seen as an intention to create social chaos in South Korea. When foreign currency earnings were limited due to sanctions against North Korea in 2016, the second stage seized virtual currency and secured funds to maintain the Kim Jong-un regime and advance nuclear and missile development. The third stage is a technology hacking of domestic and foreign defense companies, focusing on taking over key technologies to achieve the five strategic weapons tasks proposed by Chairman Kim Jong-un at the 8th Party Congress in 2021. At the national level, security measures for private companies as well as state agencies should be established against North Korea's cyberattacks, and measures for legal systems, technical problems, and budgets related to science are urgently needed. It is also necessary to establish a system and manpower to respond to the ever-developing cyberattacks by focusing on cultivating and securing professional manpower such as white hackers.

Analysis of domestic and overseas coastal groundwater management laws and policies (국내외 해안 지하수관리 법·정책 사례 분석)

  • Shim, Young-Gyoo;Chung, Il-Moon;Chang, Sun Woo
    • Journal of Korea Water Resources Association
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    • v.57 no.9
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    • pp.633-643
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    • 2024
  • Many coastal countries have developed and used a wide range of technologies and policy measures to protect freshwater aquifers and groundwater resources from seawater intrusion, and have established and implemented a foundation to legally and institutionally support them. This study covers coastal states in the eastern United States, the Netheland, India and Japan. The goal of this study is to analyze each country's legal and policy measures for coastal groundwater management. By introducing Jeju Island's groundwater standard level system, we aim to provide a basis for future discussions on groundwater management measures not only in Jeju Island but also in coastal areas of Korea. As a result of the analysis, despite the various contents and aspects of coastal groundwater management based on local issues and characteristics around the world, in order to achieve the common goal of securing a stable amount of groundwater withdrawal and preventing seawater intrusion and to maximize the efficiency of groundwater management, it is understood that attempts are being made to establish optimal management measures, laws, systems, and policies based on several key factors. First, considering the hydrogeological characteristics and status of coastal groundwater, a separate special management system is being established and implemented within the scope of the national groundwater management system. In addition, preventing and maintaining groundwater level decline through limiting the amount of groundwater withdrawal and preventing seawater intrusion are key policy goals and policy tools, and it is suppored by research and development. Finally, tt was found that synergy effects are being sought by using various other policy tools and measures in a complex manner.

A study on the case of education to train an archivist - Focus on archival training courses and the tradition of archival science in Italiy - (기록관리전문가의 양성교육에 관한 사례연구 -이탈리아의 기록관리학 전통과 교육과정을 중심으로-)

  • Kim, Jung-Ha
    • Journal of Korean Society of Archives and Records Management
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    • v.1 no.1
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    • pp.201-230
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    • 2001
  • Conserving the recored cultural inheritance is actually the duty of all of us. Above all, the management and conservation of archives and documents is up to archivists who have technical knowledge about archival science. Archivists have to not only conserve archives and documents but also carry out classifying and appraising them in order to define them as current historic ones. The fundamental education about archival science is made up of history and law. Because Archive is the organisation which manage archives and documents produced by legal and administrative actions. Although there are still arguments about technical knowledge and degree archivists have to acquire, most of them prefer the studies related with history and emphasize legal studies to be the general boundary of archivits' ideology and trust. The training course about conservation of archives is conducted in about 9 National Archives of Torino, Milano, Venezia, Genova, Bologna, Parma, Roma, Napoli, Palermo. The training course in 19th was mostly based on the lectures of Phaleography, Diplomatics. There were not the education about archival science yet. Toward the end of 19th and 20th, people stressed the most basic subject in the training course of National Archive was not Phaleography and Diplomatics but archival science. The goal of archival science is to study the institution and organisation transferring archives and documents to Archive. And also it help archivists not wander about with ignorance of organisational and original procedures and divisions but know exactly theirs works. Like this, the studies on institution and organisation have got in the saddle as a branch of archival science since a few ten years. While archival science didn't evoke sympathy among people and experienced the tedious and difficult path in italy and other countries, Archive was managed by experts of other branches. As a result, there were a lot of faults in Archival Science. Specializing training course for Italian archivists came into being under the backdrop of Social Science Institute of Roma National University in 1925. The archival course of universities accomplished by the studies of history, law and economy. And such as Eugenio Casanova and Giorgio Cencetti were devoted archival science was abled to settle down in national archive. The training course for experts of 'archival science, 'Phaleography and Diplomatics' in National Archive of Bologna(Archivio di Stato di Bologna) is one of courses conducted in 17 National Archives in italy. This course is gratuitous and made up of 8 subjects(Archivistica, Paleografia, Diplomatica, Storia dell' Archivio, Notariato e documenti privati, istituzione medievale, istituzione moderna, istituzione contemporanea) students have to complete for two years. Students can receive the degree through passing twice written exam and once oral test. After department of Culture and education finally puts the marks of students, the chief Nationa Archive of Bologna confer the degree of 'archival science Phaleography and Diplomatics' on students passing the exams. This degree authenticates trainees' qualification which enables him to work at the archive in province, district and administrative capital city and archive of comunity and so on. Italian training course naturally leads archivists to keep in contact with valuable cultural inheritance through training in Archive. And it shows the intention to strengthen the affinity with each documents in the spot of archival management before training archivists. Also this is appraised as one of positive policies to conserve the local cultual inheritante in connection with the original qualitity of national archive with testify the history of each region. Traning course for archivist in Italy shows us the way how we have to prepare and proceed it. First, from producing documents to conserving than forever there has introduced 'original order that is to say a general rule to respect the first order given at the time producing documents'. Management of administrative documents is related consistently with one of historical documents. Second, the traning course for archivist is managing around 17 national archives. because italian national archive lay stress not or rducation of theory bus on train for archivest working in the first time of archival science. Third, diplomatics and phaleography for studies about historical document support archives. Forth, the studies on history id proceeding by cooperation between archivist and historian around archive. How our duties is non continuinf disputer who has to conserve and manage document and archives, but traing experts who having ability, vision and flexible thought, responsibility about archivals.

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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