• Title/Summary/Keyword: law of war

Search Result 119, Processing Time 0.024 seconds

Political - Legal Reflections on the Two Epochal "Antique" Documents on "Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.23 no.1
    • /
    • pp.169-188
    • /
    • 2008
  • Analyzing on an object in the sphere of domestic law with the method of international law has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU. The historical process of the transfiguration and the mere shell is as followed, i.e., "from the ultra-nationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e., "THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

  • PDF

Political - Legal Reflections on the Two Epochal "Antique" Documents on" Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • 한국항공우주법학회:학술대회논문집
    • /
    • 2008.05a
    • /
    • pp.219-231
    • /
    • 2008
  • " Analyzing on an object in the sphere of domestic law with the method of international law" has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU The historical process of the transfiguration and the mere shell is as followed .i.e.," from the ultranationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e.," THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

  • PDF

A Scientific Consideration of Military Thought (군사사상의 학문적 고찰)

  • Jin, Seok-Yong
    • Journal of National Security and Military Science
    • /
    • s.7
    • /
    • pp.1-24
    • /
    • 2009
  • This article deals with military thought in general. First I tried to distinguish 'thought' from 'theory', 'philosophy', and 'principle'. Thought means the act of thinking about or considering something, an idea or opinion, or a set of ideas about a particular subject, e.g. military affairs in the present discussion. Theory means a formal statement of the rules on which a subject of study is based or of ideas which are suggested to explain a fact or event or, more generally, an opinion or explanation. Philosophy means the use of reason in understanding such things as the nature of reality and existence, the use and limits of knowledge. Principle means a basic idea or rule that explains or controls how something happens or works. Chapter 3 summarized the characteristics of military thoughts into five points', (i) it is closely related with concrete experiences of a nation; (ii) it includes philosophical and logical arguments; (iii) it relies heavily on the political thought of a nation; (iv) it includes necessarily value-judgments; (v) it contains visions of a nation which are not only descriptions or explanations of military affairs, but also evaluations and advocacies. Chapter 4 considers the relation of international political thoughts to military thought. Throughout the history of the modem states system there have been three competing traditions of thought: the Hobbesian or realist tradition, which views international politics as a state of war; the Kantian or universalist tradition, which sees at work in international politics a potential community of mankind; and the Grotian or internationalist tradition, which views international politics as taking place within an international society. Chapter 5 considers the law of war, which is a body of law concerning acceptable justifications to engage in war (jus ad bellum) and the limits to acceptable wartime conduct (jus in bello). Among other issues, modem laws of war address declarations of war, acceptance of surrender and the treatment of prisoners of war, military necessity along with distinction and proportionality, and the prohibition of certain weapons that may cause unnecessary suffering.

  • PDF

A Study on the Substantial impact of US high rate tariff policy on the Korean companies -Based on analysis of Article 301 of the US Trade Law -

  • Nam, Seon Mo
    • International Journal of Advanced Culture Technology
    • /
    • v.7 no.4
    • /
    • pp.63-68
    • /
    • 2019
  • Recently, the United States and China have declared a 25% retaliatory tariff for the partner country products of 50 billion dollar scale. "Trade war" is getting full swing. Such conflicts between economic powers may spread to Japan like the domino phenomenon following the EU (European Union) and become bigger in the global trade war. As a result, Korea has an economic system with a high degree of external dependence, and there is an expert's analysis that it will become the largest victim of the global trade war. If the WTO Dispute Settlement Authority approves this US 301 retaliation measure in the same way as the past case (US-EU hormone-treated beef imports), the United States will not import any Chinese imported products Chinese products) can be imposed. If the US launches a special 301 or super 301, which is stronger than the regular 301, then China is very likely to enforce US retaliation against it, and the trade war between the two countries could become a reality. This phenomenon is likely to have a negative impact on Korean companies. In particular, Korea, which is highly reliant on intermediate goods exports to China, is expected to suffer a great deal of damage. Therefore, Korea needs flexible response at home and abroad, it is necessary to enhance the autonomy of companies and protect export industries. Adjusting corporate tax rate as well as domestic industry height will be one way. The long-term (21 months) trade war between the United States and China has resulted in economic uncertainty. The resulting damage must be compensated. It is necessary to prepare the compensation through the economic council between countries. In the future, the punitive damage compensation system should be introduced.

A Raid-Type War-Game Model Based on a Discrete Multi-Weapon Lanchester's Law

  • Baik, Seung-Won
    • Management Science and Financial Engineering
    • /
    • v.19 no.2
    • /
    • pp.31-36
    • /
    • 2013
  • We propose a war-game model that is appropriate for a raid-type warfare in which, a priori, the maneuver of the attacker is relatively certain. The model is based on a multi-weapon extention of the Lanchester's law. Instead of a continuous time dynamic game with the differential equations from the Lanchester's law, however, we adopt a multi-period model relying on a time-discretization of the Lanchester's law. Despite the obvious limitation that two players make a move only on the discrete time epochs, the pragmatic model has a manifold justification. The existence of an equilibrium is readily established by its equivalence to a finite zero-sum game, the existence of whose equilibrium is, in turn, well-known to be no other than the LP-duality. It implies then that the war-game model dictates optimal strategies for both players under the assumption that any strategy choice of each player will be responded by a best strategy of her opponent. The model, therefore, provides a sound ground for finding an efficient reinforcement of a defense system that guarantees peaceful equilibria.

President Syngman Rhee and the Conduct of the Korean War (이승만 대통령의 전쟁지도)

  • Kim, Haeng-Bok
    • Journal of National Security and Military Science
    • /
    • s.1
    • /
    • pp.35-70
    • /
    • 2003
  • President Lee, Syngman was ROK supreme commander at the Korean war. But, it is doubt that he executed his authority and responsibility by the ROK constitution and law. At the phase of the Korean War conduct, his role may be divided into 'military operation execution one' and 'political-diplomacy one'. He appointed unqualified person to the important position of the national defence, didn't make war execution system, and was not make to meet the war. And, after transferring the ROK force operation commanding authority to the Commander in Chief, UN Command, his role was extremely trivial at the military operation execution phase. Any way, he intended to recover the inferior national strength and military capacity with USA aid, and concentrated his effort toward diplomacy with USA. At last, he succeeded in making a mutual defence treaty and gained a big result to harden Korea national security after war. In sum, president Lee was shrewd politician and diplomat than military leader. And, it can be evaluated that he supplemented the lost part of military affairs side with diplomat one.

  • PDF

Legal Review on Conversion of Aviation Task during War/Peacetime (전.평시 항공분야 임무전환에 따른 법적관계 고찰 - 전.평시 미국 연방항공청의 역할을 중심으로)

  • Hong, Sang-Beom;Chung, Wook
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.19 no.2
    • /
    • pp.179-197
    • /
    • 2004
  • As we observed in Irag war, air force power is integral to military operations owing to its promptness and accuracy. In this regard, strong air force power has a deterrent effect on a war. Meanwhile, as aviation industry is a key-future industry, the importance of the industry in our economy is significantly growing. Therefore, to maximize a national interest in utilizing limited aviation resources, it is necessary to establish a new system in which civil aviation and military aviation system is closely related and consolidated. Thus, our task is to find a way to enhance civil aviation industry to the extent of guaranteeing effective military operations. At the same time, civil aviation resources shall be effectively utilized for the military purposes in the event of a war. Ibis task should be carried out in a way to further efficiency for both civil and military aviation system, rather than resulting in conflicts between two syste

  • PDF

A Study of Scaling Law for the Response of V-shape Structure Protecting Landmine (지뢰폭압 방호용 V형 구조물의 거동에 대한 상사법칙 연구)

  • Kim, Dong Kyu
    • Transactions of the Korean Society for Noise and Vibration Engineering
    • /
    • v.25 no.5
    • /
    • pp.337-344
    • /
    • 2015
  • As many of armored vehicles are seriously exposed to threat of IEDs(Improvised Explosive Devices) in the Afghanistan war and the Iraq war. V-shaped military vehicles are deeply studied in order to protect crews and mounted soldiers against land mines. Generally the experiment on full-scaled V-shaped structure needs excessively high cost, which becomes a huge barrier to study. In this paper, we explore the possibility to make a half-scaled model of the V-shaped structure by using the geometric similarity scaling. We demonstrate the geometric similarity scaling between the original model and the half-scaled model is established on the momentum and deflections of structure via computer simulations and experiments. At this stage, we conduct only numerical analysis of predicting vibration of V-shaped structure because measuring vibration of structure is difficult in the mass-explosion experiment, which is remained as future work.

A Pragmatic Method on Multi-Weapon Lanchester's Law (다중 란체스터 모형에 대한 실용적 해법)

  • Baik, Seung-Won;Hong, Sung-Pil
    • Journal of the Korean Operations Research and Management Science Society
    • /
    • v.38 no.4
    • /
    • pp.1-9
    • /
    • 2013
  • We propose a heuristic algorithm for war-game model that is appropriate for warfare in which the maneuver of the attacker is relatively certain. Our model is based on a multi-weapon extention of the Lanchester's square law. However, instead of dealing with the differential equations, we use a multi-period linear approximation which not only facilitates a solution method but also reflects discrete natures of warfare. Then our game model turns out to be a continuous game known to have an ${\varepsilon}$-Nash equilibrium for all ${\varepsilon}{\geq}0$. Therefore, our model approximates an optimal warfare strategies for both players as well as an efficient reinforcement of area defense system that guarantees a peaceful equilibrium. Finally, we report the performance of a practical best-response type heuristic for finding an ${\varepsilon}$-Nash equilibrium for a real-scale problem.

The Impact of Exchange Rate on Exports and Imports: Empirical Evidence from Vietnam

  • NGUYEN, Nga Hong;NGUYEN, Hat Dang;VO, Loan Thi Kim;TRAN, Cuong Quoc Khanh
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.8 no.5
    • /
    • pp.61-68
    • /
    • 2021
  • The exchange rate is considered a tool improving the volume of exports and reducing imports. This paper aims to determine the impact of the exchange rate on exports and imports between Vietnam and the United States in the context of the trade war. The research uses Autoregressive Distributed Lag (ARDL) and Nonlinear Autoregressive Distributed Lag (NARDL) Model in the time-series data from 2010:1 to 2020:9. The ARDL's results support that real exchange rate impact on export and import volumes, but less than the trade war. The trade war helps trade balance increase 0.35%, while the exchange rate increases trade balance 0.191% when the Vietnamese currency devalues 1% in the long run. In the short term, the real exchange rate makes the trade balance decrease. Therefore, the J curve exists between Vietnam and the U.S. The NARDL expresses that the exchange rate is asymmetric both in the short term and the long term. The findings of this study point to two important elements. Firstly, the exchange rate plays a minor role in exports and imports. Secondly, trade war plays a vital role in increasing exports and imports volume between two countries, and the J curve exists between the two countries.