• Title/Summary/Keyword: Space Damage

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The Liability for Space Activity of Launching State of Space Object and Improvement of Korea's Space Policy (우주물체 발사국의 우주활동에 대한 책임과 우리나라 우주정책의 개선방향)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.295-347
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    • 2013
  • Korea launched the science satellite by the first launch vehicle Naro-ho(KSLV-1) at the Naro Space Center located at Oinarodo, Cohenggun Jellanamdo in August, 2009 and October, 2010. However, the first and second launch failed. At last, on January 30, 2013 the third launch of the launch vehicle Naro-ho has successfully launched and the Naro science satellite penetrated into the space orbit. Owing to the succeed of the launch of Naro-ho, Korea joined the space club by the eleventh turn following the United States, Russia, Japan and China. The United Nations adopted the Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1972, the Regislation Convention of 1976, and Moon Agreement of 1979. Korea ratified the above space-related treaties except the Moon Agreement. Such space-related treaties regulate the international liability for the space activity by the launching state of the space object. Especially the Outer Space Treaty regulates the principle concerning the state's liability for the space activity. Each State Party to the Treaty that launches or procures the launching of an object into outer space is internationally liable for damage to another State Party or to its natural or judicial persons by such object or its component parts on the earth, in air space or in outer space. Under the Liability Convention, a launching state shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The major nations of the world made national legislations to observe the above space-related treaties, and to promote the space development, and to regulate the space activity. In Korea, the United States, Russia and Japan, the national space-related legislation regulates the government's liability of the launching state of the space object. The national space-related legislations of the major nations are as follows : the Outer Space Development Promotion Act and Outer Space Damage Compensation Act of Korea, the National Aeronautic and Space Act and Commercial Space Launch Act of the United States, the Law on Space Activity of Russia, and the Law concerning Japan Aerospace Exploration Agency and Space Basic Act of Japan. In order to implement the government's liability of the launching state of space object under space-related treaties and national legislations, and to establish the standing as a strong space nation, Korea shall improve the space-related policy, laws and system as follows : Firstly, the legal system relating to the space development and the space activity shall be maintained. For this matter, the legal arrangement and maintenance shall be made to implement the government's policy and regulation relating to the space development and space activity. Also the legal system shall be maintained in accordance with the elements for consideration when enacting the national legislation relevant to the peaceful exploration and use of outer space adopted by UN COPUOS. Secondly, the liability system for the space damage shall be improved. For this matter, the articles relating to the liability for the damage and the right of claiming compensation for the expense already paid for the damage in case of the joint launch and consigned launch shall be regulated newly. Thirdly, the preservation policy for the space environment shall be established. For this matter, the consideration and preservation policy of the environment in the space development and use shall be established. Also the rule to mitigate the space debris shall be adopted. Fourthly, the international cooperation relating to the space activity shall be promoted. For this matter, the international cooperation obligation of the nation in the exploration and use of outer space shall be observed. Also through the international space-related cooperation, Korea shall secure the capacity of the space development and enter into the space advanced nation.

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The Liability of Participants in Commercial Space Ventures and Space Insurance (상업우주사업(商業宇宙事業) 참가기업(參加企業)의 책임(責任)과 우주보험(宇宙保險))

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.101-118
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    • 1993
  • Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

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Theoretical formulation of double scalar damage variables

  • Xue, Xinhua;Zhang, Wohua
    • Computers and Concrete
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    • v.19 no.5
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    • pp.501-507
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    • 2017
  • The predictive utility of a damage model depends heavily on its particular choice of a damage variable, which serves as a macroscopic approximation in describing the underlying micromechanical processes of microdefects. In the case of spatially perfectly randomly distributed microcracks or microvoids in all directions, isotropic damage model is an appropriate choice, and scalar damage variables were widely used for isotropic or one-dimensional phenomenological damage models. The simplicity of a scalar damage representation is indeed very attractive. However, a scalar damage model is of somewhat limited use in practice. In order to entirely characterize the isotropic damage behaviors of damaged materials in multidimensional space, a system theory of isotropic double scalar damage variables, including the expressions of specific damage energy release rate, the coupled constitutive equations corresponding to damage, the conditions of admissibility for two scalar damage effective tensors within the framework of the thermodynamics of irreversible processes, was provided and analyzed in this study. Compared with the former studies, the theoretical formulations of double scalar damage variables in this study are given in the form of matrix, which has many features such as simpleness, directness, convenience and programmable characteristics. It is worth mentioning that the above-mentioned theoretical formulations are only logically reasonable. Owing to the limitations of time, conditions, funds, etc. they should be subject to multifaceted experiments before their innovative significance can be fully verified. The current level of research can be regarded as an exploratory attempt in this field.

The Role of the ICAO in Implementing the FANS and its Applications in Air and space Law (바르샤바협약상(協約上) Wilful Misconduct의 개념(槪念))

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.6
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    • pp.191-215
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    • 1994
  • The concept of 'wilful misconduct" was initally used in article 25 of the Warsaw Convention of 1929. The concept was defined in the Hague Protocol, 1955, as having the following two differing concepts: i) "with the intent to cause damage" and ii) "recklessly and with the knowledge that damage would probably result." The concepts contained in the Hague Protocol were used in various international Conventions on carriage by sea, such as Article 2(e) and Article 3(4) of the Protocol adopted at Brussels on Feb. 23, 1968 to amend the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, signed at Brussels, Aug. 25, 1929(Hague-Visby Rules), Article 13 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, Dec. 13. 1974, Article 4 of the Convention on Limitation of Liability for Maritime Claims, 1976, Article 8(1) of the U.N. Convention on the Carriage of Goods by Sea, 1978(Hamburg Rules) and Article 21 (1) of the U.N. Convention on International Multimodal Transport of Goods, Geneva, 1980. The same concepts were also adopted in Article 746, 789-2(1), 789-3(2) of the Korean Maritime Commercial Law, revised in 1991. As of yet, the legal system of Korean Private Law recognizes only the concepts of "Vorsatz" and "grobe Nachlassigkeit", as is the case with German Private Law. The problem is that the concepts in the Convention do not coincide precisely with the concepts of "Vorsatz" and "grobe Nachlassigkeit". The author has conducted a comparative analysis of the treatment of the concepts of wilful misconduct and its varied interpretations, that is, "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result" in the Anglo-American law and in the continental European law in the following manner: 1. Background in which the concept of wilful misconduct was introduced in the Warsaw Convention. 2. The concept of "dol" in French private law. 3. The concepts of "Vorsatz" and "grobe Nachlassigkeit" in Korean private law. 4. Analysis of the concept of wilful misconduct in Anglo-American case law. 5. Analysis of the cases interpreting the concepts of "with intent to cause damage" and "recklessly and with knowledge that damage would probably result" in various jurisdictions. 6. The need to incorporate the concepts of "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result." 7. Faute inexcusable in French private law. Based upon the comparative analysis, the author points out the difference between the concepts of "wilful misconduct" or "with the intent to cause damage" and "Vorsatz", and between the concepts of "recklessly and with the knowledge that damage would probably result" and "grobe Nachlassigkeit" in the Convention and that of the Korean Private Law system. Additionally, the author emphasizes the importance of the unification in the interpretation of the provisions of the Conventions world wide.

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An Experimental Investigation on the Flow Field around the Wing Having a Circular Damage Hole (원형 손상 구멍이 있는 날개 주위 유동장에 관한 실험적 연구)

  • Lee, Ki-Young
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.36 no.10
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    • pp.954-961
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    • 2008
  • An experimental study has been conducted to investigate the flow field around the wing having a circular damage hole. The damage was represented by a circular hole passing through the model with 10% airfoil chord diameter and normal to the chord. The hole was centered at quarter or half chord. The PIV flow fields and static pressure measurements on the wing upper and lower surface were carried out at Rec=2.85×105 based on the chord length. The PIV results showed the two types of flow structures around a damage hole were formed. The first one was a weak jet that formed an attached wake behind the damage hole. The second one resulted from increased incidence; this was a strong jet where the flow through the hole penetrates into the free-stream resulting in extensive separation of oncoming boundary layer flow and development of a separated wake with reverse flow. The surface pressure data showed a big pressure alteration near the circular damage hole. The severity of pressure alteration was increased as a damage hole located nearer to the leading edge.

Numerical Analysis of SMA Hybrid Composite Plate Subjected to Low-Velocity Impact

  • Kim, Eun-Ho;Roh, Jin-Ho;Lee, In
    • International Journal of Aeronautical and Space Sciences
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    • v.8 no.2
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    • pp.76-81
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    • 2007
  • The fiber reinforced laminated composite structures are very susceptible to be damaged when they are impacted by foreign objects. To increase the impact resistance of the laminated composite structures, shape memory alloy(SMA) thin film is embedded in the structure. For the numerical impact analysis of SMA hybrid composite structures, SMA modeling tool is developed to consider pseudoelastic effect of SMAs. Moreover, the damage analysis is considered using failure criteria and a simple damage model for reasonable impact analysis. The numerical results are verified with the experimental ones. Impact analyses for composite plate with pre-strained SMAs are numerically performed and the damage areas are investigated.

Fire-induced damage on Shield TBM concrete segment (터널 화재로 인한 콘크리트 세그먼트의 손상특성 규명)

  • Choi, Soon-Wook;Chang, Soo-Ho;Lee, Gyu-Phil;Bae, Gyu-Jin
    • Proceedings of the Korean Geotechical Society Conference
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    • 2005.03a
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    • pp.423-430
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    • 2005
  • Fire accidents in underground space may bring much loss of lives as well as properties and result in catastrophic disasters. This study aimed to manufacture the high-temperature furnace capable of simulating fire scenarios (RABT and RWS) and carry out the preliminary fire tests to evaluate fire-induced damage in underground structures. Specimens used in the fire tests were the concrete segments generally used in shield TBM tunnels. The simulated fire scenario was set to the RABT curve that is the most representative fire scenario in underground space. From the fire tests, the spalling was estimated to reach approximately 20cm from the surface exposed to fire. In addition, from the observation of core specimens obtained after fire tests, the deteriorated zone of unspalled specimens amounted to approximately 10cm from the surface of spalling.

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System Condensation Technique-Based Inverse Perturbation Method of Damage Detection (시스템 축소기법이 적용된 역섭동법을 이용한 손상탐지)

  • Choi, Young-Jae;Lee, U-Sik
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.30 no.7
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    • pp.98-104
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    • 2002
  • System condensation technique improves the efficiency of the inverse perturbation method of damage detection developed in the previous work. The technique is applied to transform the unmeasured DOFs to the measured DOFs. This approach makes it possible to eliminate the unmeasured DOFs, which accelerates the computational efficiency. The numerical instability problems due to the system condensation technique are also resolved by updating the transformation matrix for each step, and also by adopting the accelerated improved reduced system(AIRS) condensation method.

A Study on Estimation of Structure Damage caused by VCE (VCE에 의한 건물피해예측에 관한 연구)

  • Leem, Sa-Hwan;Lee, Jong-Rark;Huh, Yong-Jeong
    • Journal of the Korean Society of Safety
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    • v.22 no.5
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    • pp.65-70
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    • 2007
  • This paper is estimation of structure damage caused by VCE(Vapor Cloud Explosion) in enclosure. As we estimate the influence of damage which occur at gas facility in factory. We can utilize the elementary data of safety distance. In this study, the influence of over-pressure caused by VCE in enclosure was calculated by using the Hopkinson's scaling law and the accident damage was estimated by applying the influence on the adjacent structure into the probit model. As a result of the damage estimation conducted by using the probit model, both the damage possibility of explosion overpressure to structures of 20 meters away and to glass bursting of 80 meters away was nearly zero in open space explosion.

An iterative method for damage identification of skeletal structures utilizing biconjugate gradient method and reduction of search space

  • Sotoudehnia, Ebrahim;Shahabian, Farzad;Sani, Ahmad Aftabi
    • Smart Structures and Systems
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    • v.23 no.1
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    • pp.45-60
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    • 2019
  • This paper is devoted to proposing a new approach for damage detection of structures. In this technique, the biconjugate gradient method (BCG) is employed. To remedy the noise effects, a new preconditioning algorithm is applied. The proposed preconditioner matrix significantly reduces the condition number of the system. Moreover, based on the characteristics of the damage vector, a new direct search algorithm is employed to increase the efficiency of the suggested damage detection scheme by reducing the number of unknowns. To corroborate the high efficiency and capability of the presented strategy, it is applied for estimating the severity and location of damage in the well-known 31-member and 52-member trusses. For damage detection of these trusses, the time history responses are measured by a limited number of sensors. The results of numerical examples reveal high accuracy and robustness of the proposed method.