• The Korean Journal of Air & Space Law and Policy
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• v.2
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• pp.31-67
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• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• Proceedings of the Korean Society of Crop Science Conference
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• 2017.06a
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• pp.51-52
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• 2017

"Plant genetic resources for food and agriculture" means any genetic material of plant origin of actual or potential value for food and agriculture. "Genetic material" means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity. (Internal Treaty on Plant Genetic Resources for Food and Agriculture, ITPGRFA). The "Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity (shortly Nagoya Protocol)" is a supplementary agreement to the Convention on Biological Diversity. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014, 90 days after the deposit of the fiftieth instrument of ratification. Its objective is the fair and equitable sharing of benefits arising from the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. The Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by; (a) Establishing more predictable conditions for access to genetic resources and (b) Helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources. By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being. The Nagoya Protocol's success will require effective implementation at the domestic level. A range of tools and mechanisms provided by the Nagoya Protocol will assist contracting Parties including; (a) Establishing national focal points (NFPs) and competent national authorities (CNAs) to serve as contact points for information, grant access or cooperate on issues of compliance, (b) An Access and Benefit-sharing Clearing-House to share information, such as domestic regulatory ABS requirements or information on NFPs and CNAs, (c) Capacity-building to support key aspects of implementation. Based on a country's self-assessment of national needs and priorities, this can include capacity to develop domestic ABS legislation to implement the Nagoya Protocol, to negotiate MAT and to develop in-country research capability and institutions, (d) Awareness-raising, (e) Technology Transfer, (f) Targeted financial support for capacity-building and development initiatives through the Nagoya Protocol's financial mechanism, the Global Environment Facility (GEF) (Nagoya Protocol). The Rural Development Administration (RDA) leading to conduct management agricultural genetic resources following the 'ACT ON THE PRESERVATION, MANAGEMENT AND USE OF AGRO-FISHERY BIO-RESOURCES' established on 2007. According to $2^{nd}$ clause of Article 14 (Designation, Operation, etc. of Agencies Responsible for Agro-Fishery Bioresources) of the act, the duties endowed are, (a) Matters concerning securing, preservation, management, and use of agro-fishery bioresources; (b) Establishment of an integrated information system for agro-fishery bioresources; (c) Matters concerning medium and long-term preservation of, and research on, agro-fishery bioresources; (d) Matters concerning international cooperation for agro-fishery bioresources and other relevant matters. As the result the RDA manage about 246,000 accessions of plant genetic resources under the national management system at the end of 2016.

• The Journal of Korean Medical History
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• v.18 no.2
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• pp.197-227
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• 2005

Heojun was the top scientist on Medicine in the 16th and 17th centuries and wrote the Dongeubogam describing the top-level medical theory and technology. So far, his outlook on nature has been disregarded even though his medicine is still effective. Through this study, I would like to know if his outlook on nature as well as his medicine is still effective. The conclusions are as follows: 1. According to his output, the origin of the universe started from the spinning of One Gi(一氣) which is quite different from Hawking's theory. Hawking assumed that the origin of the universe started from the Big-bang and will end to the Big-crunch. However, the current report on the origin of a star is quite similar to Heojun's theory and we acknowledge that his view on the origin of the universe is still effective. 2. According to his output, the universe repeats expanding and contracting forever while Hawking assumed it will come to the end, the Big-crunch, based on the expanding universe theory. Some scientists assists that Hawking's assumption should have some contradictions. Now, we acknowledge that Heojun's universal cycling theory which corresponds with modern physical theories is still effective, which would lead to a new environmental movement. 3. His view on the structure of the universe is quite different from the output of the current science, which results from his thought that the nature should be reviewed from the point of human's view. His view on the structure will be able to be updated based on the output of the current science. 4. The universe analogy started from the East Asian area as well as the Greek and Roman area in the ancient. The idea has disappeared since the scientific revolution era in the West while the idea has been deepened and abundant in the East and has become one of the major philosophical bases. Heojun emphasized its importance from the beginning of his book. 5. The nation analogy has been popular all times and places. According to his output, governing a country is like controlling one's body. 6. According to Needham's output, the universe analogy and the nation analogy were based on the ancient developed alchemy. And Harper assumed that Taiosm was based on the macrobiotic hygiene which was developed by the ancient developed alchemists. We acknowledge that xian(仙) cult, macrobiotic hygiene, medicine, alchemy and the ancient philosophy started from our ancients. Heojun's output restored our ancient tradition by combining the macrobiotic hygiene and philosophy with medicine. 7. Roughly predicting yearly weather would be unacceptable by the current scientist but Heojun's yearly weather forecast is still used in the clinic and seems effective to prepare from any epidemic disease. 8. 'Day and Night' and Four seasons are the most important factors to the macrobiotic hygiene according to the Dongeubogam. The new environmental movements should be based on the most important factors, otherwise the human beings as well as the environment would fail to survive. 9. Wind, Coldness, Heat, Humidity, Dryness and Fire represents weather. The six weather factors represent one of six phases of a year which is decided by the areal factors. Heojun preferred the six factors generated in the body itself to them from the outside. He thought a human being was a universe and the six factors generated in the body responded to the factors of the outside. 10. According to his output, Heat and Humidity are the most important factors which make a human being ill. 11. Life span, disease, food, and dwelling are dependent upon the geographical feature, according to Heojun's output. In addition, one's appearance and his five viscera and the six entrails depend on the food as well as the geographical feature. 12. Heath is related with the environment and they effects upon each other. If one is weak, he will be deeply effected by the nature. On the other hand, if one is strong, he will effect on the nature. That's why people live together. 13. According to Heojun's work, the society is an important factor comprising the environment. During a peaceful era, the society becomes stable and human beings are stable as well while they will be on fire during a chaotic era. 14. Medicine deals with human beings who live in the nature, so any medical book cannot be excellent unless it has any description on the nature. Heojun's outlook on the nature turned out to be logical and suitable even from the point of the current view and it is still effective as if his clinical knowledge and technology are still effective. Something unsuitable may be substituted with the output of the current science.