• Title/Summary/Keyword: Possibility of Terrorism

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"Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism" (국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.47-85
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    • 1989
  • The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

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Counter-terrorism Safety Measures in Public Facilities (다중이용시설의 대테러 안전대책)

  • Kim, Du-Hyun;Ahn, Kwang-Ho
    • Korean Security Journal
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    • no.22
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    • pp.37-64
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    • 2010
  • Since the September 11, 2001, the motives and objectives of terrorism that have been targeted at hard targets such as key national facilities have now shifted towards soft targets such as subways, department stores, and tourist hotels; the attacks on these soft targets are steadily increasing. Simultaneous, unconventional, and indiscriminate terrorist attacks on civilians has also increased. In November, 2010, nearly forty states of the G20 and B20 (Business 20) will join in international summits to be hosted in Seoul. This coming July, an additional 350 troops will be deployed to Afghanistan for the sustainment of public security. Such events are sensitive topics, and there is the possibility of terrorist movement. Korea has successfully hosted various international events such as the APEC and ASEM Summits, and the 2002 Korea-Japan World Cup. The experiences from these events must be applied to ensure the safety of public facilities against the dangers of terrorism. First, counter-terrorism center must be established for the long-term, above the General Officer level to ensure the safety and efficiency of multilateral, international summits, as well as promoting policies and legislation aimed at preventing terrorism. Second, a terrorist threat management system must be secured and safety measures must be emphasized. Third, a fundamental structure must be established for the prevention of terrorism on public facilities, as well as legal and government action against the new threat of IED. Fourth, the police and fire fighting networks' must have a firm rapid response posture on the scene of an attack. Fifth, the state of mentality on the recognition of terrorist threats must be changed and restructured by promoting to and educating the population. Sixth, prevention measures must be established via research and academia. Seventh, for the guarantee of security in public facilities, safety management should employ cutting edge technology such as the 3D SICS and further develop and apply such technology. All methods and resources must be fully utilized for the establishment and strengthening terrorism prevention measures.

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A Study Security Measures for Protection of VIP in the G20 Summit (G20 정상회의 시 주(主)행사장에서의 VIP 안전대책 방안에 관한 연구)

  • Lee, Sun-Ki;Lee, Choong-Soo
    • Korean Security Journal
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    • no.24
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    • pp.91-123
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    • 2010
  • The threat factors available for occurrence given G20 Summit Meeting are expected leader terrorism, hostage terrorism, bomb terrorism, public facilities terrorism, and aircraft terrorism. As for the threat groups, which are expected in Korea, the North Korea, Islam extremist group, and the group such as NGO organization of being opposed to international meeting are regarded as having possibility of causing hazard. Thus, the purpose of this study is to suggest VIP Security-measure plans in the main site in preparation for G20 Summit Meeting. Accordingly, each country in the world is adopting 'the principle of Triple Ring' in common. Thus, it elicited a coping plan by 1st line(inner ring) 2nd line(middle ring) 3rd line(outer ring) based on this principle, and proposed even an opinion together that will need to be reflected in light of policy for the VIP security measures. In conclusion, as for the VIP Security-measure plans in the main site in preparation for G20 Summit Meeting, In the inner ring(safety sector), first, an intercepting measure needs to be devised for a spot of getting into and out of vehicles given the Straight Street. Second, the Walking Formation needs to be reinforced boldly in the exposed area. In the middle ring(security sector), first, the control plan needs to be devised by considering particularity of the main site. Second, there is necessity for adopting the efficient security badge operation plan that is included RFID function within security badge. In the outer ring(aid protective sector), first, there is necessity of preparing for several VIP terrorisms, of collecting information and intelligence, and of reinforcing the information collection system against terrorism under the cooperation with the overseas information agency. Second, the urgent measure training in time of emergency needs to be carried out toward security agent event manpower. Third, to maintain the certain pace in VIP motorcade, the efficient traffic control system needs to be operated. Finally, as for what will need to be reflected in light of policy for VIP security measures, first, there is necessity for allowing VIP residence to be efficiently dispersed to be distributed and controlled. Second, there is necessity for allowing impure element to misjudge or attack to be failed by utilizing diverse deception operations. Third, according to the reorganization in North Korea's Organization of the South Directed Operations, the powerful 'military-support measure' needs to be driven from this G20 Summit Meeting. For this, the necessity was proposed for further reinforcing the front back defense posture under the supervision of the Ministry of National Defense and for positively coping even with detecting and removing poison in preparation for CBR (chemical, biological, and radio-logical) terrorism.

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A Skechy Study on a Riot Possibility of a Race Problem that Immigrants and Sojoruners in Korea (한국내 외국인 이주 및 체류자집단 인종문제의 폭동가능성에 관한 시론적 연구 -'05.10.27 프랑스 인종폭동 사태 중심으로)

  • Choi, Kee-Nam;Lee, Sun-Je
    • Korean Security Journal
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    • no.11
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    • pp.245-274
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    • 2006
  • Korea is not permitting the foreigner emigration officially. But to domestic the foreigner dwells in the form which is various and it is living. These people are slept, the industrial workers and married a person of different nationality and kosians. In 2005 October 27th a rase riot raised by the immigration and stay sleeping group in France. It observes the width eastern possibility due to foreigner immigration and stay which dwell even inside instruction making Korea which will reach sleeping group the reporter it does.

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The Study on Local Government's Disaster Safety Governance using Big Data (빅데이터를 활용한 지방정부 재난안전 거버넌스 -서울시를 중심으로-)

  • Kim, Young-mi
    • Journal of Digital Convergence
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    • v.15 no.1
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    • pp.61-67
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    • 2017
  • In order to establish and operate a rapid and effective disaster safety management system in an emergency situation that threatens the safety of citizens, such as disaster, accident or terrorism, appropriate responses are necessary. An integrated task execution system for rapid response and restoration should be implemented not only by the central ministries related to disaster management and response, but also by local governments, NGO, and individuals, under clear role sharing. In the case of Seoul city, it is urgent to establish an effective disaster management system for preventing and responding to disasters, because of the increasing possibility of natural disasters due to climate change, the threat of terrorism, urban decay and the industrial accidents. From the perspective of governance, this study tried to seek out countermeasures such as disaster response system and command system at disaster site centering on Seoul city government interdepartmental organization system, implementation process and systematization of response procedures.

Terrorism using biological weapons and Countermeasures (생물무기에 의한 테러와 대응책)

  • Jo, Sung-Ho
    • Korean Security Journal
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    • no.7
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    • pp.287-307
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    • 2004
  • Mass killing and injuring by purpose, the countries that is hurrying countermeasure preparation of investigators who enforce that necessity to compare to intimidation of doing creature weapon is common concerns of the several countries including advanced nation such as the United States of America. Development and use of biological weapon have increased too recently to private citizens unlike development of military purpose in country dimension. The latest WHO is preparing proposal of standard stroke model who each department solidifies preparedness for chemical biological and electronic weapon revising report about biological weapon. But in case of korea, confrontation plan that bamboo broom about possibility of attack to the common people and attack comparing actual state in case of attained nothing but is readying remedy about biological warfare partially in military dimension was not readied. The purpose of this article is a study on threat of bio-weapons and the countermeasure.

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A Study on the Limits in the Use of Force against a Hijacked Civil Aircraft (피랍 민간항공기에 대한 무력행사의 한계에 관한 연구)

  • Kim, Man-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.141-163
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    • 2004
  • The limits in the use of force against a civil aircraft which intrudes into sovereign airspace have not been defined in the aspect of international law. Therefore, this paper intends to analyze international laws and practices about sovereign airspace intrusions by the civil aircraft, and to examine the legality in the use of force against the civil aircraft hijacked by means of political terrorism, in particular. In this paper, the sphere of study is restricted within the problems of interception against the civil aircraft which intrudes into sovereign airspace in times of peace, excluding the problems against a state aircraft, and the responsibilities for the civil or criminal affairs due to interceptions. Herein this paper analyzes the existing international laws and the cases of each nation's use of force against the civil aircraft which intrudes into sovereign airspace, and organizes the conditions in the use of force which have been accepted in international laws and practices, and then applies them to the special case of civil aircraft hijacked by political terrorism. Consequently, this paper suggests that the basic principles of necessity, ultimateness, and proportionality be taken into consideration in the use of force against civil aircraft which intrudes into sovereign airspace. This study finally suggests that the possibility in the use of force against civil aircraft hijacked by political terrorism might be higher than any type of civil aircraft intrusions into sovereign airspace due to the factor of necessity of national security concerned.

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A Study on Occurance Possibility of Suicide Bombing using Utilize Unmanned Aircraft in Korea (한국 내 무인항공기를 이용한 자폭테러 발생가능성에 대한 연구)

  • Oh, Seiyouen;Lee, Jaemin;Park, Namkwun
    • Journal of the Society of Disaster Information
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    • v.10 no.2
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    • pp.288-293
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    • 2014
  • The purpose of this study was to provide response plans against acts of suicide bomb using utilize unmanned aircrafts to prevent large losses of lives such as the terrorist attacks of September 11. As the result, First, this research suggests revising the definition and categorization of utilizing unmanned aircrafts and legislating the Anti-terrorism law. Second, it is needed to establish the proper social safety network through terrorism response management integrated system against the terror of related organization. Third, suicide bomb using utilizing unmanned aircrafts can be occurred because it is possible to make bomb and open web site for terrorism without connection with terrorist organization because of universal use of Internet. In response to this, it is needed to make a law which can block the use and open of illegal site and contents. Forth, the increasing number of foreigners and immigrants can make conflicts, and cause the foreigner's anti-korea feeling and the citizen's anti-cultural diffusion. Therefore, it is needed for the citizen to change and improve the awareness of them, and the change of social politics.

Performance Evaluation and Proposal on Standard Establishment of the Bollard Through Impact Analysis (충돌해석을 통한 볼라드의 성능평가 및 설치기준 제안)

  • Cha, Eun-Ho;Jeon, Doo-Jin;Han, Sang-Eul
    • Journal of Korean Association for Spatial Structures
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    • v.16 no.4
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    • pp.59-66
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    • 2016
  • Recently damage of structures and loss of life by terrorism are internationally increasing. Among these terror that have a possibility to can happen in korea and that can caused lot of human life loss is the vehicle terror. To prevent the vehicle terror, the anti-ram barriers are needed. But domestic standard about anti-ram barriers are not clear. So, in this study, we will utilize and analyze the vehicle impact to evaluate the efficiency of the domestic bollard and suggest the installation standard of those. In Korea, granite, elastic, steel and stainless bollard are used. The performance of those bollard is not available. Elastic bollard couldn't stop the vehicle, and the others just could stop the vehicle only at the speed under 10kph. Therefore, set the variable to reinforce, and evaluate the defence efficiency of bollard. As a result, granite and elastic bollard was not suitable for the anti-ram barriers. Performance of steel bollard increased as thickness grew. So steel bollard should must be thicker than 10T. And the concrete compressive strength effected insignificantly on the defence efficiency, so more than 24MPa compressive concrete be used. Performance of stainless bollard increased as thickness grew. So stainless bollard should must be thicker than 13T.

Plant Extracts and Plant-Derived Compounds: Promising Players in Countermeasure Strategy Against Radiological Exposure: A Review

  • Kma, Lakhan
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.6
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    • pp.2405-2425
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    • 2014
  • Radiation exposure leads to several pathophysiological conditions, including oxidative damage, inflammation and fibrosis, thereby affecting the survival of organisms. This review explores the radiation countermeasure properties of fourteen (14) plant extracts or plant-derived compounds against these cellular manifestations. It was aimed at evaluating the possible role of plants or its constituents in radiation countermeasure strategy. All the 14 plant extracts or compounds derived from it and considered in this review have shown some radioprotection in different in vivo, ex-vivo and or in vitro models of radiological injury. However, few have demonstrated advantages over the others. C. majus possessing antioxidant, anti-inflammatory and immunomodulatory effects appears to be promising in radioprotection. Its crude extracts as well as various alkaloids and flavonoids derived from it, have shown to enhance survival rate in irradiated mice. Similarly, curcumin with its antioxidant and the ability to ameliorate late effect of radiation exposure, combined with improvement in survival in experimental animal following irradiation, makes it another probable candidate against radiological injury. Furthermore, the extracts of P. hexandrum and P. kurroa in combine treatment regime, M. piperita, E. officinalis, A. sinensis, nutmeg, genistein and ginsan warrants further studies on their radioprotective potentials. However, one that has received a lot of attention is the dietary flaxseed. The scavenging ability against radiation-induced free radicals, prevention of radiation-induced lipid peroxidation, reduction in radiation cachexia, level of inflammatory cytokines and fibrosis, are some of the remarkable characteristics of flaxseed in animal models of radiation injury. While countering the harmful effects of radiation exposure, it has shown its ability to enhance survival rate in experimental animals. Further, flaxseed has been tested and found to be equally effective when administered before or after irradiation, and against low doses (${\leq}5Gy$) to the whole body or high doses (12-13.5 Gy) to the whole thorax. This is particularly relevant since apart from the possibility of using it in pre-conditioning regime in radiotherapy, it could also be used during nuclear plant leakage/accidents and radiological terrorism, which are not pre-determined scenarios. However, considering the infancy of the field of plant-based radioprotectors, all the above-mentioned plant extracts/plant-derived compounds deserves further stringent study in different models of radiation injury.