• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.239-272
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• 2014

The rights and obligations of the Member States of ITU in the domain of international frequency management of the spectrum/orbit resource are incorporated in the Constitution and Convention of the ITU and in the Radio Regulations that complement them. These instruments contain the main principles and lay down the specific regulations governing the major elements such as rights and obligations of member administrations in obtaining access to the spectrum/orbit resource, as well as international recognition of these rights by recording frequency assignments and, as appropriate, any associated orbits, including the geostationary-satellite orbits used or intended to be used in the Master International Frequency Register (MIFR) Coordination is a further step in the process leading up to notification of the frequency assignments for recording in the MIFR. This procedure is a formal regulatory obligation both for an administration seeking to assign a frequency in its network and for an administration whose existing or planned services may be affected by that assignment. Regulatory problem lies in allowing administrations to fulfill their "bringing into use" duty for preserving his filing simply putting any satellites, whatever nationlity or technical specification may be, into filed orbit. This sort of regulatory lack may result in the emergence of the secondary market for satellite orbit. Within satellite orbit secondary market, the object of transaction may be the satellite itself, or the regulatory rights in rem, or the orbit registered in the MIFR. Recent case of selling the Koreasat belongs to the typical example of orbit transaction between private companies, the legality of which remains doubtedly controversial from the perspective of international space law as well as international transaction law. It must be noted, however, that the fact is the Koreasat 3 and its filed orbit is for sale.

• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.3-37
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• 2020

The aircraft crew operating on international routes performs almost identical tasks as police officials in terms of dealing with the unlawful interference in the aircraft. This means that the liability question which is related to the law enforcement by the police officer may arise regarding the crew's performance of his or her duties. With regard to the carrier's liability due to the crew's unlawful action, there are distinctive characteristics from the liability due to police officers' unlawful action. In case of the claim for damages by the crew's unlawful action, the first question should be whether such action complies with the requirements under the Tokyo Convention 1963. If such action does not conform with the Tokyo Convention 1963, we should examine that claim under the State Compensation Act, the Montreal Convention 1999, and the Civil Act of Korea. The examination under the Tokyo Convention 1963 is not so different from the Korean Court's precedents. However, the court should consider the characteristics of the environment surrounding the crew. The action which is not indemnified under the Tokyo Convention 1963 should be examined under the tort laws. Because the aircraft crew is private persons entrusted with public duties under Korean Law, the State Compensation Act may apply. However, further studies regarding the harmonious interpretation with the Montreal Convention 1999 is needed. With regard to the carrier's liability, the Montreal Convention of 1999 should be applied to the crew's unlawful actions onboard. This is because the Montreal Convention of 1999 preempts the national law for the events that occurred during transportation, and there is no provision which excludes such unlawful actions from the scope of its application. On the other hand, the national law, such as the Civil Act of Korea, applies to unlawful actions taken after transportation. This is because the interpretation that infinitely expands the scope of the Montreal Convention 1999 should not be allowed. Given the foregoing, the standard of the claim for damages due to the crew's unlawful action varies depending on the place where the specific action was taken. As a result, the type of damage recoverable and the burden of proof also varies accordingly. Carriers and crew members must perform their duties with this in mind, but in particular, they should observe the proportionality, and when interpreting the law, it is necessary for the court or lawyer to consider the special characteristics of the work environment.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.271-297
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• 2011

Recently, risk of space accident possibility increased in according to commercial space activity and space debris. It failed launch satellite second times in South Korea. Therefore was discussed on liability and insurance issue. Generally, discuss of space insurance be divided two type. Firstly, space insurance relevant to launching satellite and in-orbit. Satellite Launch Insurance and In-Orbit Insurance by the Satellite Operator Secondly, space insurance relevant to Third Party Liability. The former is to protect owner of satellite and operator. The latter is to liable and indemnify owner of satellite and operator's liability. US, UK, France, Russia, South Korea forced to buy space insurance following to domestic law. This is a brief overview of risk allocation and insurance practices in the commercial space transportation industry today. We begin with traditional space transportation, i.e., commercial satellite launches. This is a mature industry with known players. Industry practices have developed and legislation has been adopted in the U.S. and other countries over the past decades to address liability and insurance issues. The primary focus here is on U.S. law, but the discussion of industry practice applies more generally. We then move on to a more exotic form of space transportation: Commercial human space flight. Several private companies are now signing up space tourists for commercial suborbital human space flight, advertised to become available in the near future. The United States amended its launch legislation in 2004 to promote commercial human space flight. But questions remain as to how this new industry will respond to the risk allocation regime established by the U.S. legislation, which leaves both the space flight operator and space tourist exposed to risk and potential liability. As a general proposition, state statutes and contractual waivers alone cannot be relied upon to provide adequate liability protection, and insurance will be required. Federally mandated contractual waivers by space flight participants or liability caps would be helpful to complement insurance solutions. Eventually, as the industry matures, such practices could be extended to an international legal regime. For all the issues mentioned above, I have studied the existing international treaties and several country's domestic law to the space by referring U.S's Commercial Space Launch Amendment Act of 2004 and concluded that uniform legal regime to govern these insurance issues should be established domestically and internationally in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST 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", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.1
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• pp.75-103
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• 2007

The purpose of this paper is to suggest to tackle the problem of poor cooperation in space activities, by re-examining the nature of the competitive political environment, and by building up a normative overarching framework, One of the most acute problems that hampers regional cooperation is the U.S. influence as represented in the MTCR, a supplier's cartel, as was evidenced in the ill-fate of the 2001 launch contract between China and Korea the next year. Notably China, the third space power in the world, has not been allowed to join the MTCR despite her application in June 2004. A possible reconciliation between China and the MTCR over her application for a partnership would set a cornerstone in building up a cooperative environment in the Northeast Asia. Just as the Helsinki process was an overarching norm building framework, comprising human rights, security and environmental issues, it would be desirable that a future peace framework in Northeast Asia dealing with the pending issues of Korean peninsula should also comprise of such broad issues as one relating to cooperation in space activities in the region. South Korea could tap expertise from her neighbor China. When South Korea become an independent space power either with her own technology or otherwise, she would be in a better position to play a role as a balancer in coordinating between the two neighboring space giants. It is remarkable that the Japanese led APRSAT has contributed much in establishing Sentinel Asia as a part of the Disaster Management Scheme, in that each participant, whether it be a state agency, or a private entity like a university or a research institute, can tap the common data to contribute to the common good of safety.

• The Korean Journal of Air & Space Law and Policy
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• no.spc
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• pp.59-86
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• 2007

The purpose of this paper is to suggest to tackle the problem of poor cooperation in space activities, by re-examining the nature of the competitive political environment, and by building up a normative overarching framework, One of the most acute problems that hampers regional cooperation is the U.S. influence as represented in the MTCR, a supplier's cartel, as was evidenced in the ill-fate of the 2001 launch contract between China and Korea the next year. Notably China, the third space power in the world, has not been allowed to join the MTCR despite her application in June 2004. A possible reconciliation between China and the MTCR over her application for a partnership would set a cornerstone in building up a cooperative environment in the Northeast Asia. Just as the Helsinki process was an overarching norm building framework, comprising human rights, security and environmental issues, it would be desirable that a future peace framework in Northeast Asia dealing with the pending issues of Korean peninsula should also comprise of such broad issues as one relating to cooperation in space activities in the region. South Korea could tap expertise from her neighbor China. When South Korea become an independent space power either with her own technology or otherwise, she would be in a better position to play a role as a balancer in coordinating between the two neighboring space giants. It is remarkable that the Japanese led APRSAT has contributed much in establishing Sentinel Asia as a part of the Disaster Management Scheme, in that each participant, whether it be a state agency, or a private entity like a university or a research institute, can tap the common data to contribute to the common good of safety.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.135-161
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• 2014

An unmanned aerial vehicle (UAV), commonly known as a drone and also referred to as an unpiloted aerial vehicle and a remotely piloted aircraft (RPA) by the International Civil Aviation Organization (ICAO), is an aircraft without a human pilot aboard. ICAO classify unmanned aircraft into two types under Circular 328 AN/190. Unmanned aircraft, which is the core of the development of the aviation industry. However, there are also elements of the legal dispute. Unmanned aircraft are manufactured in small size, it is possible to shoot a record peripheral routes stored in high-performance cameras and sensors without the consent of the citizens, there is a risk of invasion of privacy. In addition, the occurrence of the people of invasion of privacy is expected to use of civilian unmanned aircraft. If the exposure of private life that people did not want for unmanned aircraft has occurred, may occur liability to the operator of unmanned aircraft, this is a factor to be taken into account for the development of unmanned aircraft industry. In the United States, which is currently led by the unmanned aircraft industry, policy related to unmanned aircraft, invasion of privacy is under development, is preparing an efficient measures making. Unmanned aircraft special law has not been enforced. So there is a need for legal measures based on infringement of privacy by the unmanned aircraft. US was presented Privacy Protection Act of unmanned aircraft (draft). However Korea has many laws have been enacted, to enact a new law, but will be able to harm the legal stability, there is a need for the enactment of laws for public safety of life. Although in force Personal Information Protection Law, unmanned aerospace, when the invasion of privacy occurs, it is difficult to apply the Personal Information Protection Law. So, it was presented a privacy protection bill with infringement of privacy of unmanned aircraft in the reference US legislation and the Personal Information Protection Act.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.95-126
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• 2020

In 2017, the world's first WIG ship (WIG: Wing In-Ground) pilot's license written test was conducted in Korea. The WIG ship is a ship that combines the characteristics of ships and airplanes. Therefore, the pilot of the WIG ship was allowed to apply only for those who had the aircraft pilot's license and the 6th class marine nautical license. The WIG ship pilot's license system was first introduced by Korea, so there are no international standards for the license system, and the introduction of a domestic qualification system also requires institutional arrangements due to various restrictions such as pilot training. However, in order to become a valuable industry as a future growth engine for the ocean, several urgent problems need to be solved, and that is the training of manpower for WIG ships. Therefore, I reviewed the institutional issues related to pilot training as this subject. Since 2001, various countries around the world have been discussing this issue, centering on IMO, and Korea has continued to participate and cooperate in IMO meetings. And the national qualification test for surface flying ships was conducted in Korea from 2011. However, there are still problems to be solved, and I pointed out the advancement of the manpower training system, the education and training system, and the designated national educational institution system. As a solution to this, it was suggested through the improvement of the license system and the operation of designated educational institutions. Among these solutions, I believe that the best way is to entrust the operation of designated national educational institutions to private educational institutions. However, I propose a plan that the government entrusts to private educational institutions, but the government is responsible for licensing and supervision. WIG ship will be a new market for the aviation industry and aviation workers.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.151-208
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• 2020

Japan's two outer space-related laws were promulgated on November 16, 2016. There are the Act on Launching of Spacecraft, etc. and Control of Spacecraft (Act No. 76 of 2016, Space Activities Act) and the Act on Securing Proper Handling of Satellite Remote Sensing Records (Act No.77 of 2016, Remote Sensing Records Act). Japan's Space Activities Act states that a person who launches a satellite from the territory of Japan, or from a ship or airplane registered in Japan, must obtain permission from the Prime Minister prior to the launch. To obtain the permission, the person must have a certificate for a rocket design and for radio equipment at a launching facility. In addition, the ability to launch a rocket safely and the purpose for the satellite launch must be evaluated. Managing a satellite from Japan also requires permission from the government. A person who launches a rocket must have insurance for any potential damage arising from accidents, and the government is to supplement the potential compensation to allow for damage that cannot be covered by private insurance. The purpose of this paper reviews regulations of launch services and management of satellites in the Japan's Space Activities Act. It also offers some implications and suggestions for regulations of launching of spacecraft and management or operation of satellites.