• The Korean Journal of Archival Studies
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• no.3
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• pp.3-32
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• 2001

In this paper, local public archives is referred to the public archives of provincial governments and metropolitan city governments as defined in the public Records Management Act. Under the Act, as professional archives, the local public archives preserves records designated as permanent preservation which the local government and its sub-agencies created or received to conduct public business. The Act also allows local public archives to establish an appropriate basic plan to manage its holdings as well as to oversight its sub-agencies. The Act stipulates that the local public archives are to be established in all provinces and metropolitan cities. The local public archives shall preserve archival heritage safely and utilize use of the recorded information as defined in the Article one of the Act. The local archives shall respect the principle of provenance. It is expected that the local archives shall strengthen local archival promotion campaigns which necessarily reflect unique local circumstances. However, as the Act just recommended the establishment of local public archives not to force as a mandatory procedure, it resulted in a flow of some confusions and misinterpretations. Despite the act was proclaimed two years ago, the local public archives are not yet established, not to mention that no preparatory works are on the way. To establish the local public archives effectively which meet local residents needs and demands, provincial governments and metropolitan city governments should proceed a well-prepared preparatory works plan considering the steps to transform them into the local public archives when they establish agency records centers. The first step in this process is to reach at a common consensus on the functions and roles of the local public archives which accommodates local residents needs and demands. Secondly, by analyzing the functions of archives to be established, an estimation of needed human resources, facilities, equipments, organization, budget appropriation, and local rules should be performed. Otherwise, the establishment of decent local archives is a far remote future. One of the methods to proceed this project systematically is to establish a local research institute for the local archives and cultural studies which would be put under the local university authority while consulting with local governments, local civil organizations, local historical and cultural societies. It is very undesirable to stress too much upon administrative efficiency when concerned parties discuss the functions and roles of the local public archives. They must keep in mind that when the functions to collect and use historically valuable records are active then administrative efficiency can be raised as well as accountability. Collecting and arranging historically valuable records is a short-cut way to promote accountability and develop local political culture. The local public archives is a valuable community historical center and an effective medium to facilitate historical speaking and writing among local people, something more than a simple public archives. Then our campaign for the establishment of local public archives can be a meaningful political cultural movement.

• The Korean Journal of Archival Studies
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• no.3
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• pp.65-89
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• 2001

We, at The Korea Democracy Movement Archives opened temporarily at SungKongHoe University(SKHU), have currently collected about 100,000 recorded materials of democratization movement related with labor, farmer, civilian, human rights, peace, unification, young people, student and women's movements by investigating, collecting and receiving donations from civil organizations and individuals, and about 70,000 data out of this 100,000 data were converted into computer files. The Korea Democracy Movement Archives(temp) at SKHU has a significance in that it is the first archive opened by an organization. Furthermore, the opening of this Archive means the expansion of awareness on recording culture and accumulation of the achievements of the democratization movement in Korea. However, many obstacles still remain in the establishment of this Archive in a full-scale. This article examined many theoretical and realistic obstacles posed to the archivists, who are the professionals responsible for record management, in process of establishing the Archive, and the role and future perspectives of the archivists at The Korea Democracy Movement Archives(temp). The first obstacles in the process of organizing and separating the recorded materials at the Archive is a difficulty in the description of classifying the different movement organizations. The second obstacle is a difficulty in specifically applying the international standard, ISAD(G), of record description in the process of establishing the description items. Through many trials and errors, we need to try to confirm the description befitting. The Korea Democracy Movement Archives through continuous adjustment and complementary measures. The third obstacle is a difficulty in estimating the range and physical and quantitative amount of the recorded materials since the collection of recorded materials is complete. Thus, the answers to these problems lie in continuous efforts to establish a creative classification system befitting the democratization movement in Korea in the process of many trials and errors and endeavor. The evaluation classification done by archivists is a creative act forming record heritage, and archivists need to form record heritage reflecting the evaluation system of a certain period. Moreover, they transmit the shape of the current era in a maximum scale to the future by using the minimum amount of records. An archivist is responsible for two tasks, i.e., preserving a record and making other people to utilize the record by working with record. However, We, at The Korea Democracy Movement Archives(temp), have an additional task of contributing to the democratization movement in korea that has not ended by collecting, preserving and making people to utilize the fragments of memory in the recent history of Korea by establishing the Archives.

• Journal of Arbitration Studies
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• v.31 no.2
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• pp.3-22
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• 2021

Civil and commercial disputes can be resolved through alternative dispute settlement systems other than court proceedings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agreement between the parties. The arbitration proceedings shall have the same effect as the result of the final judgment by the decision of a third-party arbitrator, and its essence is a judgment. The Korean Arbitration Association Studies was founded in December 1990 to recognize the importance of arbitration procedures and conduct specialized research on them, with professional research on 'arbitration procedures' continuing until today. Thus, the Korean Arbitration Association Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration Association Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a matter of dispute procedures related to trade and commerce and many scholars who research trade and commerce need to prepare for possible disputes. In addition, the arbitration procedure is a dispute settlement procedure that substitutes for litigation because it has research value as a legal system. In particular, the 'Journal of Arbitration Studies' published by the Korean Arbitration Association plays a role in mediation, as well as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in 'Journal of Arbitration Studies', an academic journal of the Korean Arbitration Association Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitration Association Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it looked at what methodology was used to study intervention at the methodological level. Third, it assessed what countries and regions had been mainly studied at the regional level. Fourth, in terms of content, what kind of research had been mainly conducted and what kind of research was relatively insufficient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of 'Journal of Arbitration Studies' in the future.

• Journal of Legislation Research
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• no.55
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• pp.57-94
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• 2018

Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.223-243
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• 1989

The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.105-137
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• 2009

International Civil Aviation Convention contracted in 1944 adopted International Standards and Recommended Practices(SARPs) as Annexes to Convention for safety and order of International Air Transport and each contracting State shall establish and amend the law on the basis of the SAPRs. However, Any State which find it impracticable to comply in all respects with any such SARPs, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by SARPs shall give immediate notification to the ICAO of the differences between its own practice and that established by the SARPs and ICAO publish these difference notices as a supplement to annexes. Korea and neighboring countries contracting States with International Civil Aviation Convention are accomplishing standardization of regulation on the basis of SARPs in each State. Air Law of each State need to study on the trait and differences for safety of frequent air transport services around the Korean Peninsula, However, because Korea and Neighboring countries have differences of Air Law by reason of cultural differences and circumstance of each State. Korea and Neighboring countries mean Republic of Korea, The People's Republic of China, Japan and The Domestic People's Republic of Korea and study on Air Law of each state in this study. One of purposes of this study is to analyze the history and organization of each state and then to review how establishing own air law affect air law of each state. Another purpose is to make comparative study on differences between own regulation in Korea and neighboring countries and SARPs and then to review how the differences notice of each state affect air law of each state.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.4 no.4
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• pp.113-125
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• 1984

Water supply has been mainly dependent on the construction of the dams in Korea. It is difficult, however, to continue to construct dams for many reasons, such as the decrease of construction sites, the increase of construction costs, the compensation of residents in flooded areas, and the environmental effects. Water demands have increased and are expected to continue increasing due to the concentration of people in the cities, the rise of the living standard, and rapid industrial growth. It is acutely important to find countermeasures such as development of ground water, desalination, and recycling of waste water to cope with increasing water demands. Recycling waste water includes all means of supplying non-potable water for their respective usages with proper water quality which is not the same quality as potable water. The usages of the recycled water include toilet flushing, air conditioning, car washing, yard watering, road cleaning, park sprinkling, and fire fighting, etc. Raw water for recycling is obtained from drainage water from buildings, toilets, and cooling towers, treated waste water, polluted rivers, ground water, reinfall, etc. The water quantity must be considered as well as its quality in selecting raw water for the recycling. The types of recycling may be classified roughly into closed recycle systems and open recycle systems, which can be further subdivided into individual recycle systems, regional recycle systems and large scale recycle system. The treatment methods of wastewater combine biochemical and physiochemical methods. The former includes activated sludge treatment, bio-disc treatment, and contact aeration treatment, and the latter contains sedimentation, sand filtration, activated carbon adsorption, ozone treatment, chlorination, and membrane filter. The recycling patterns in other countries were investigated and the effects of the recycling were divided into direct and indirect effects. The problems of water reuse in recycle patterns were also studied. The problems include technological, sanitary, and operational problems as well as cost and legislative ones. The duties of installation and administrative organization, structural standards for reuse of water, maintenance and financial disposal were also studied.

• The Korean Journal of Air & Space Law and Policy
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• v.9
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• pp.85-143
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• 1997

The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

• Journal of Science and Technology Studies
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• v.16 no.2
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• pp.99-147
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• 2016

This paper critically reviews the previous discussion over public engagement with science and technology by Science and Technology Studies literatures with a focus on justification and acceptance. Recent studies pointed out that the "participatory turn" after the late 1990s was followed by confusion and disagreement over the meaning and agency of public engagement. Their discussion over the reproduction of the ever-present boundary between science and society along with so-called late modernity and post-normal science and sometimes through the very processes of public engagement draws fresh attention to the old problem: how can lay participation in decision-making be justified, even if we agree that privileging the position of experts in governance of science and technology is no longer justified? So far STS have focused on two conditions for participatory turn-1) uncertainties inherent in experts' ways of knowing and 2) practicability of lay knowledge. This paper first explicated why such discussion has not been logically sufficient nor successful in promoting a wide and well-thought-out acceptance of public engagement. Then the paper made a preliminary attempt to explain what new types of expertise can support the construction and sustainment of participatory governance in science and technology by focusing on one case of lay participation. The particular case discussed by the paper revolves around the actions of a civil organization and an activist who led legal and regulatory changes in wind power development in Jeju Special Self-governing Province. The paper analyzed the types of expertise constructed to be effective and legitimate during the constitution of participatory energy governance and the local society's support for it. The arguments of this paper can be summarized as follows. First, an appropriate basis of the normative claim that science and technology governance should make participatory turn cannot be drawn from the essential characteristics of lay publics-as little as of experts. Second, the type of 'expertise' which can justify participatory governance can only be constructed a posteriori as a result of the practices to re-construct the boundaries between factual statements and value judgment. Third, an intermediary expertise, which this paper defines as a type of expertise in forming human-nonhuman associations and their new pathways for circulations, made significant contribution in laying out the legal and regulatory foundation for revenue sharing in Jeju wind power development. Fourth, experts' conventional ways of knowing need to be supplemented, not supplanted, by lay expertise. Ultimately, the paper calls for the necessity to extend STS discussion over governance toward following the actors. What needs more thorough analysis is such actors' narratives and practices to re-construct the boundaries between the past and present, facts and values, science and society. STS needs a renewed focus on the actual sites of conflicts and decision-making in discussing participatory governance.

• 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.