• Title/Summary/Keyword: United Nations Convention

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A Study on a Fisheries Management system of united nations convention on the law of the sea (국제 해양법상의 어업 관리 제도에 관한 연구)

  • 이봉우
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.2 no.1
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    • pp.165-168
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    • 1998
  • United nations convention on the law of the sea was actopted by third united nations conference on the law of the sea in 1982. and it came in to force on Novemver 1966. It involves exclusive economic zone, highly migrated species, marine mammals, anadromous stocks and high seas. in this paper, I analyze these issues, especially EEZ and high seas.

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Synergizing Climate Change and Ocean Regimes: A Comprehensive International Legal Approach for Ocean Acidification Governance

  • Sung Won Kim
    • Ocean and Polar Research
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    • v.45 no.4
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    • pp.185-199
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    • 2023
  • Ocean acidification poses a myriad of challenges, particularly to marine environments and ecosystems. Its negative repercussions are equally obvious from a human-centric perspective. Despite efforts to address ocean acidification through various international legal frameworks, current international legal frameworks, such as the United Nations Convention on the Law of the Sea and the United Nations Convention on Climate Change, which represent the climate change regime and the ocean regime, respectively, fall short of adequately addressing ocean acidification challenges. Because of the climate change regime's atmospheric-centered perspective and the ocean regime's pollution-oriented perspective, ocean acidification falls between the cracks and is not a priority for either regime. To adequately address the issues posed by ocean acidification, a concerted effort between the the legal regime addressing climate change and the legal regime regulating maritime affairs is crucial. This effort might be realized by developing a robust governance system that encompasses both of these regimes, which are specifically tailored to tackle ocean acidification. Given the complexity of ocean acidification governance, the distribution of roles for both regimes should be thoroughly examined. Due to its broad reach, the ocean regime might take the lead in directing the trajectory of ocean acidification, while the climate change regime might provide assistance within the context of ocean acidification governance. Active mutual reference and due diligence obligations could be employed in this scenario to bridge the gaps created by both the climate change regime and the ocean regime regarding ocean acidification. The active interaction between these regimes might pave the way for proper ocean acidification governance in order to meet the challenges posed by ocean acidification.

A Study on Opposing Rights against Assignment of Receivables in International Trade (국제무역상 채권양도의 대항력에 관한 일고찰)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.74
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    • pp.25-54
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    • 2017
  • Among various export financing, Assignment of Receivables is very important. Various countries make use of this method. But Korean law system had shortage of International legal system. This paper looks into Opposing Rights on Assignment of Receivables relation to legal system. And this paper analyze not only detail Korean civil law system about Opposing rights on Assignment of Receivables but also comparative other International system. There are UNIDROIT Principles and United Nations Convention on the Assignment of Receivables in International Trade. Especially, Korean civil law system of Opposing rights on Assignment of Receivables compares UNIDROIT Principles system of Opposing Rights on Assignment of Receivables or United Nations Convention on the Assignment of Receivables in International Trade of Opposing Rights on Assignment of Receivables. In the context, This paper compares Korean civil law system about Assignment of Receivables with International standard rule about Assignment of Receivables. This is good for the commercial practice party in terms of financing and receivable assignment. Thus this paper will make direction to International Trade Practicer. There are argument on method of having an action or manual about international trade practice. The purposes of this are to examine revitalizing on Assignment of Receivables. And this paper deals with improvement of International Commercial Activation.

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A study on the existing state of things and hereafter subject for the Strategy of Korea according as the Climate Change Convention (기후변화협약에 따른 우리나라의 대응 동향 및 향후 과제에 관한 연구)

  • Jung, Kyung-Hee;Cho, Jai-Rip
    • Proceedings of the Korean Society for Quality Management Conference
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    • 2006.04a
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    • pp.392-399
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    • 2006
  • Since the global warming problem emerged in the international community, the problem has been sought to be not at the national but at the global level. As a result, the United Nations Framework Convention on Climate Change was agreed by international delegates in 1992, and the Kyoto Protocol which imposes industrialized nations to decrease their greenhouse gas emission was agreed by the international community in 1997. Kyoto protocol came into effect for reduction duty of greenhouse gas.(16-Feb-2005) High developed countries press environmental regulation. It will strengthen an environment regulation from advanced nation with this protocol. This study is intended to examine unfolding transition on negotiations of Conference of Parties(COP), the Kyoto Mechanism referred as a cost-effective tool to meet a targeted level of greenhouse gas decrease, and trends in responses of developed countries to the Kyoto Protocol, and finally suggests legal and politic counterplans responding to the United Nations Framework Convention on Climate Change (hereafter, UNFCCC).

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A Study on the Role of United Nations Regional Group System for the London Protocol (런던의정서에서 유엔 지역그룹체제의 역할에 관한 연구)

  • Moon, Byung-Ho;Hong, Gi-Hoon
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.13 no.3
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    • pp.135-150
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    • 2010
  • At the Intergovernmental Meeting held in 1972, the London Convention was adopted to prevent marine pollution from dumping of wastes and other matter. After that, at the special meeting held at the Headquarters of the International Maritime Organization in 1996, the London Convention was revised to consider advances in technology of treatment and disposal of wastes and to reflect changes in understanding of marine environment and then the London Protocol was concluded. The London Protocol states more concrete management system for ocean dumping than the London Convention and also provides that the Meeting of Contracting Parties shall establish those procedures and mechanisms necessary to assess and promote compliance with the Protocol. With the London Protocol in force since 24 March 2006, the Meeting of Contracting Parties adopted the 'Compliance Procedures and Mechanisms (CPM) pursuant to Article 11 of the 1996 Protocol to the London Convention 1972' and established the Compliance Group in 2007. According to the CPM, members of the Compliance Group shall be nominated by Contracting Parties, based on equitable and balanced geographic representation of the five Regional Groups of the United Nations, and elected by the Meeting of Contracting Parties. In 2009, the Republic of Korea nominated a member of the Compliance Group to be subsequently elected by the Meeting of Contracting Parties with the approval of other states in Asia Group. Through the United Nations Regional Group System based on geographical identity or political affinity, Contracting Parties to the London Protocol are expected to form a voting bloc or to exchange information in meetings on the London Protocol. In this sense, it is noteworthy that the London Protocol introduced marine environmental management system for comprehensive prohibition of ocean dumping with exception of the so-called 'reverse-list' which had been earlier adopted by the 'Convention for the Protection of the Marine Environment of the North-East Atlantic, 1992 (OSPAR)' whose contracting parties belonged to Western European and Other States Group. In recent years, the jurisdiction of London Protocol has been extended to protect and preserve the marine environment from all sources of pollution. This will make the United Nations Regional Group System play more important roles in the activities associated with the London Protocol. For this reason, this article has considered characteristics of the United Nations Regional Group System and has analyzed influences of this Regional Group System in meetings on the London Protocol. This could provide preliminary information for the Republic of Korea to give due consideration to the United Nations Regional Group System on the activities associated with the London Protocol.

Geopolitics in East Asia and United Nations Convention Law of the Sea (UNCLOS) (동북아시아에서의 지정학과 유엔해양법협약)

  • Shin, Chang-Hoon
    • Strategy21
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    • s.36
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    • pp.33-58
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    • 2015
  • In 1996, China, Japan and the ROK all became the party to the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Since then, the UNCLOS has been a fundamental basis for the resolution and management of maritime disputes amongst them. However, there still remain acrimonious disputes in the region. Resources nationalism and the revival of geopolitics aggravates the disputes particularly on sovereignty over disputed islands, maritime delimitation and the legal nature of military activities in other States' Exclusive Economic Zones. Under the circumstances, why have the demands for the conclusion of a regional agreement been raised in this region? A desirable regional agreement regarding ocean affairs should be compatible with the rights and obligations under the UNCLOS, a universal norm regarding ocean affairs. This paper will propose a desirable regional agreement by adopting an incremental approach.

A draft instrument on the international carriage of goods and the outstanding issues (유엔 국제화물 운송협약(초안)과 주요 쟁점 연구)

  • Choi, Jae-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.23
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    • pp.223-247
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    • 2004
  • United Nations Commission on International Trade Law(hereinafter"UNCITRAL"), the core legal body of the United Nations system in the field of international trade law, is currently in the process of preparing a draft instrument on the international carriage of goods. In order to facilitate and prompt for new draft instrument, Working Group Ⅲ was established under the auspicious of UNCITRAL in 2002. Working Group, which was composed of all member countries of UNCITRAL, considered the text of preliminary draft instrument on the carriage of goods by sea. According to the Working Group's report, this new convention deals with issues relating to the international ocean carriage of goods such as the scope of application, the period of responsibility of the carrier, liability of the carrier, obligations of the shipper and transport documents including electronic records. In the course of the second reading, however, there are lots of outstanding issues to deliberate and consider for formulating new version of the ocean cargo liability convention. One of the substantial issues is the snail's pace of progress in last sessions. Therefore legal adviser and industry representatives assume the next UNCITRAL meeting, in Vienna, Nov. 29-Dec. 10, would be more critical to complete the convention.

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Analysis concerning the latest operating concept and status for Air Defense Identification Zone(ADIZ) (최근 방공식별구역 운영 개념과 현황 분석)

  • Kim, Dongsoo;Hong, Sungpyo;Chong, Mangseok
    • Journal of Aerospace System Engineering
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    • v.8 no.4
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    • pp.44-51
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    • 2014
  • This thesis analyzes the latest operating concept and status for Air Defense Identification Zone (ADIZ) researching overseas ADIZ CONOPS, international legal basis for ADIZ, the intention & background of proclamation for China Air Defense Identification Zone(CADIZ). Firstly, ADIZ is lawful concerning international connivance for ADIZ where around 20 countries have operated, Article 56 "Rights, jurisdiction & duties of the coastal State" and Article 301 "Peaceful uses of the seas" on the United Nations Convention on the Law of the Sea(UNCLS). Secondly, ADIZ has been regarded as a support means for national interest & policy as well as military air defense one. Thirdly, Based on legal re-interpretation for UNCLS relating to ADIZ, China proclaimed CADIZ where can ensure national maritime policy and strategy including A2/AD(Anti-Access & Area Defence), inroad into the ocean, claim for Senkaku Islands possession, etc..

Rules for the Interpretation of "the United Nations Convention on Contracts for the Internatinoal Sale of Goods" ("국제물품매매계약(國際物品賣買契約)에 관한 유엔 협약(協約)"의 해석원칙(解釋原則))

  • Han, Gyu-Sik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.277-293
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    • 1999
  • As the CISG has been legislated for a new legal system playing roles as uniform rules which govern international sale of goods, it requires appropriate criterion of interpretation. The Convention distinguishes between two levels of interpretation. One concerns the interpretation of the rules of contract law contained in the CISG itself, and the other the interpretation of specific statements or the conduct of the individual parties to a transaction.

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