• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• Korean Journal of Breeding Science
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• v.41 no.4
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• pp.654-659
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• 2009

"Cheongcheongjinmi" is a new japonica rice variety developed from a cross between Iri401 and Ilpumbyeo by the rice breeding team of National Institute of Crop Science, RDA. This variety is suitable for ordinary season culture of low level nitrogen application. Heading date of "Cheongcheongjinmi" is August 17, 4 days later than that of Sobibyeo in plain areas. It has culm length of 82 cm, and relatively semi-erect pubescent leaf blade and slightly tough culm tolerant to lodging with good canopy architecture. This variety has 13 tillers per hill, 126 spikelets per panicle and 90.2% of ripened grains. "Cheongcheongjinmi" showed lower spikelet fertility than Sobibyeo when exposed to cold stress. This variety showed slower leaf senescence and lower viviparous germination compared to Sobibyeo during the ripening stage. "Cheongcheongjinmi" is susceptible to blast disease, bacterial blight, virus diseases and planthoppers. The dried plant weight, total nitrogen and RuBisCO activity of "Cheongcheongjinmi" were higher than those of Sobibyeo in low level nitrogen application. The milled rice of "Cheongcheongjinmi" exhibits translucent, clear non-glutinous endosperm and medium short grain. It shows lower protein and amylose contents than those of Sobibyeo, and better palatability of cooked rice compared to Hwaseongbyeo. The milled rice yield of this cultivar is about 5.10 MT/ha at low level nitrogen application of ordinary season culture in local adaptability test for three years. Especially, "Cheongcheongjinmi" has better milling properties such as the percentage of whole grain in milled rice and milling recovery of whole grain, respectively than those of Sobibyeo. "Cheongcheongjinmi" would be adaptable to middle plain areas and middle-western coastal areas of Korea.