• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

• MISULJARYO - National Museum of Korea Art Journal
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• v.104
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• pp.40-69
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• 2023

This paper examines the relationship between celadon wine vessels and royal banquets by focusing on their unique forms. It explores the symbolism in their forms and designs and the changes that took place in the composition of these vessels. By examining the royal annals in Goryeosa (The History of the Goryeo Dynasty), the relation of celadon wine vessels and royal banquets is examined in terms of the number of banquets held in the respective reigns of the Goryeo kings, the number of banquets held by type, and the purpose of holding them. A royal banquet was a means of strengthening the royal authority by reinforcing the hierarchy and building bonds between the king and his vassals. It was also an act of ruling that demonstrated the king's authority and power through praise of his achievements and virtues. Royal banquets were held most often during the reigns of King Yejong (r. 1105-1122), King Uijong (r. 1146-1170), King Chungnyeol (r. 1274-1308), and King Gongmin (r. 1351-1374). Particular attention is paid here to the changes in the types and forms of celadon wine vessels that occurred starting in the reigns of King Yejong and King Chungnyeol, which is also the period in which the number of royal banquets increased and royal banquet culture evolved. The king and his subjects prayed for the king's longevity at royal banquets and celebrated peaceful reigns by drinking and performing various related acts. Thus, the visual symbolism of vessels for holding, pouring, or receiving alcohol were emphasized. Since the manner of drinking at a banquet was exchanges of pouring and receiving alcohol between the king and his subjects, the design of the ewers and cups had a significant visual impact on attendees. It can be seen, therefore, that decorating wine vessels with Daoist motifs such as the immortals, luan (a mythological bird), turtle dragons, fish dragons, and gourd bottles or with Confucian designs like hibiscus roots was intended as a visual manifestation of the purpose of royal banquets, which was to celebrate the king and to pray for both loyalty and immortality. In particular, the Peach Offering Dance (獻仙桃) and Music for Returning to the Royal Palace (還宮樂), which correspond to the form and design of celadon wine vessels, was examined. The lyrics of the banquet music embodied wishes for the king's longevity, immortality, and eternal youth as well as for the prosperity of the royal court and a peaceful reign. These words are reflected in wine vessels such as the Celadon Taoist Figure-shaped Pitcher housed in the National Museum of Korea and the Bird Shaped Ewer with Daoist Priest in the Art Institute of Chicago. It is important to note that only Goryeo celadon wine vessels reflect this facet of royal banquet culture in their shape and design. The composition of wine vessel sets changed depending on the theme of the banquet and the types of liquor. After Goryeo Korea was incorporated into the Mongol Empire, new alcoholic beverages were introduced, resulting in changes in banquet culture such as the uses and composition of wine vessel sets. From the reign of King Chungnyeol (r. 1274-1308), which was under the authority of the Yuan imperial court, royal banquets began to be co-hosted by kings and princesses, Mongolian-style banquets like boerzhayan (孛兒扎宴) were held, and attendees donned the tall headdress called gugu worn by Mongol women. During the reign of King Chungnyeol, the banquet culture changed 132 banquets were held. This implies that the court tried to strengthen its authority by royal marriage with the Yuan court, which augmented the number of banquets. At these banquets, new alcoholic drinks were introduced such as grape wine, dongnak (湩酪), and distilled liquor. New wine vessels included stem cups, pear-shaped bottles (yuhuchunping), yi (匜), and cups with a dragon head. The new celadon wine vessels were all modeled after metal wares that were used in the Yuan court or in the Khanates. The changes in the celadon wine vessels of the late Goryeo era were examined here in a more specific manner than in previous studies by expanding the samples for the study to the Eurasian khanates. With the influx of new types of wine vessels, it was natural for the sets and uses of Goryeo celadon wine vessels to change in response. The new styles of celadon wine vessels linked the Goryeo court with the distant Khanates of the Mongol Empire. This paper is the beginning of a new study that examines the uses of Goryeo celadon by illuminating the relations between royal banquets and these unique celadon wine vessels that are stylistically different from everyday vessels. It is to be hoped that more studies will be conducted from diverse perspectives exploring both the usage of Goryeo celadon vessels and their users.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.55-89
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• 2003

What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.187-210
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• 2009

Space law(or outer space law) and the law of the sea are branches of international law dealing with activities in geographical ares which do not or do only in part come under national sovereignty. Legal rules pertaining to the outer space and sea began to develop once activities emerged in those areas: amongst others, activities dealing with transportation, research, exploration, defense and exploitation. Naturally the law of the sea developed first, followed, early in the twentieth century, by air law, and later in the century by space law. Obviously the law of the sea, of the air and of outer space influence each other. Ideas have been borrowed from one field and applied to another. This article examines some analogies and differences between the outer space law and the law of the sea, especially from the perspective of the legal status, the exploration and exploitation of the natural resources and environment. As far as the comparisons of the legal status between the outer space and high seas are concerned the two areas are res extra commercium. The latter is res extra commercium based on both the customary international law and treaty, however, the former is different respectively according to the customary law and treaty. Under international customary law, whilst outer space constitutes res extra commercium, celestial bodies are res nullius. However as among contracting States of the 1967 Outer Space Treaty, both outer space and celestial bodies are declared res extra commercium. As for the comparisons of the exploration and exploitation of natural resources between the Moon including other celestial bodies in 1979 Moon Agreement and the deep sea bed in the 1982 United Nations Convention on the Law of the Sea, the both areas are the common heritage of mankind. The latter gives us very systematic models such as International Sea-bed Authority, however, the international regime for the former will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Thus Moon Agreement could not impose a moratorium, but would merely permit orderly attempts to establish that such exploitation was in fact feasible and practicable, by allowing experimental beginnings and thereafter pilot operations. As Professor Carl Christol said until the parties of the Moon Agreement were able to put into operation the legal regime for the equitable sharing of benefits, they would remain free to disregard the Common Heritage of Mankind principle. Parties to one or both of the agreements would retain jurisdiction over national space activities. In so far as the comparisons of the protection of the environment between the outer space and sea is concerned the legal instruments for the latter are more systematically developed than the former. In the case of the former there are growing tendencies of concerning the environmental threats arising from space activities these days. There is no separate legal instrument to deal with those problems.

• Strategy21
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• s.33
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• pp.65-112
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• 2014

Recent trends show that the PRC has stepped aside its "army-centered approach" and placed greater emphasis on its Navy and Air Force for a wider range of operations, thereby reducing its ground force and harnessing its economic power and military technology into naval development. A quantitative growth of the PLA Navy itself is no surprise as this is not a recent phenomenon. Now is the time to pay closer attention to the level of PRC naval force's performance and the extent of its warfighting capacity in the maritime domain. It is also worth asking what China can do with its widening naval power foundation. In short, it is time to delve into several possible scenarios I which the PRC poses a real threat. With this in mind, in Section Two the paper seeks to observe the construction progress of PRC's naval power and its future prospects up to the year 2020, and categorize time frame according to its major force improvement trends. By analyzing qualitative improvements made over time, such as the scale of investment and the number of ships compared to increase in displacement (tonnage), this paper attempts to identify salient features in the construction of naval power. Chapter Three sets out performance evaluation on each type of PRC naval ships as well as capabilities of the Navy, Air Force, the Second Artillery (i.e., strategic missile forces) and satellites that could support maritime warfare. Finall, the concluding chapter estimates the PRC's maritime warfighting capability as anticipated in respective conflict scenarios, and considers its impact on the Korean Peninsula and proposes the directions ROK should steer in response. First of all, since the 1980s the PRC navy has undergone transitions as the focus of its military strategic outlook shifted from ground warfare to maritime warfare, and within 30 years of its effort to construct naval power while greatly reducing the size of its ground forces, the PRC has succeeded in building its naval power next to the U.S.'s in the world in terms of number, with acquisition of an aircraft carrier, Chinese-version of the Aegis, submarines and so on. The PRC also enjoys great potentials to qualitatively develop its forces such as indigenous aircraft carriers, next-generation strategic submarines, next-generation destroyers and so forth, which is possible because the PRC has accumulated its independent production capabilities in the process of its 30-year-long efforts. Secondly, one could argue that ROK still has its chances of coping with the PRC in naval power since, despite its continuous efforts, many estimate that the PRC naval force is roughly ten or more years behind that of superpowers such as the U.S., on areas including radar detection capability, EW capability, C4I and data-link systems, doctrines on force employment as well as tactics, and such gap cannot be easily overcome. The most probable scenarios involving the PRC in sea areas surrounding the Korean Peninsula are: first, upon the outbreak of war in the peninsula, the PRC may pursue military intervention through sea, thereby undermining efforts of the ROK-U.S. combined operations; second, ROK-PRC or PRC-Japan conflicts over maritime jurisdiction or ownership over the Senkaku/Diaoyu islands could inflict damage to ROK territorial sovereignty or economic gains. The PRC would likely attempt to resolve the conflict employing blitzkrieg tactics before U.S. forces arrive on the scene, while at the same time delaying and denying access of the incoming U.S. forces. If this proves unattainable, the PRC could take a course of action adopting "long-term attrition warfare," thus weakening its enemy's sustainability. All in all, thiss paper makes three proposals on how the ROK should respond. First, modern warfare as well as the emergent future warfare demonstrates that the center stage of battle is no longer the domestic territory, but rather further away into the sea and space. In this respect, the ROKN should take advantage of the distinct feature of battle space on the peninsula, which is surrounded by the seas, and obtain capabilities to intercept more than 50 percent of the enemy's ballistic missiles, including those of North Korea. In tandem with this capacity, employment of a large scale of UAV/F Carrier for Kill Chain operations should enhance effectiveness. This is because conditions are more favorable to defend from sea, on matters concerning accuracy rates against enemy targets, minimized threat of friendly damage, and cost effectiveness. Second, to maintain readiness for a North Korean crisis where timely deployment of US forces is not possible, the ROKN ought to obtain capabilities to hold the enemy attack at bay while deterring PRC naval intervention. It is also argued that ROKN should strengthen its power so as to protect national interests in the seas surrounding the peninsula without support from the USN, should ROK-PRC or ROK-Japan conflict arise concerning maritime jurisprudence. Third, the ROK should fortify infrastructures for independent construction of naval power and expand its R&D efforts, and for this purpose, the ROK should make the most of the advantages stemming from the ROK-U.S. alliance inducing active support from the United States. The rationale behind this argument is that while it is strategically effective to rely on alliance or jump on the bandwagon, the ultimate goal is always to acquire an independent response capability as much as possible.

• Journal of Environmental Impact Assessment
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• v.27 no.2
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• pp.181-193
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• 2018

The present study was conducted to analyze the quality of the habitats of Abies koreana WILS. by using the InVEST model based on the analytic hierarchy process (AHP) technique and to evaluate the economic value by estimating the carbon fixation. Abies koreana WILS., an original biological species of South Korea, may be an essential element in establishing the national biological sovereignty in the future. The subjects of the present study were the national parks in Mt. Halla, Mt. Jiri, and Mt. Sobaek, which are the habitats of Abies koreana WILS. As suggested by previous studies as a limitation of the InVEST model, the utilization of the data from relevant international publications as the input data, due to the lack of the domestic input data, may decrease the accuracy of the modeling. Therefore, the AHP technique was applied for the input data. The modeling was performed with reference to the years of 1980, 1990, and 2000 for the scenario analysis. The result of the modeling showed that the habitat quality was changed most in the national park in Mt. Halla, as the habitat quality score was decreased from 0.96 in 1980 to 0.97 in 1990 and 0.94 in 2000. In the national part of Mt. Sobeak, the habitat quality was changed most in the sub-alpine zone, as the habitat quality score was decreased from 0.98 in 1980 and 0.98 in 1990 to 0.97 in 2000. The habitat quality was best conserved in the national part in Mt. Jiri, as the habitat quality score was 0.98 in 1980, 0.99 in 1990, and 0.99 in 2000. The estimated economic loss by the change of the habitat quality was 19,280,000 USD for Mt. Halla and 8,030,000 USD for Mt. Sobeak. In the present study, the habitat quality of the Abies koreana WILS, the original species of South Korea, was evaluated and the economic value of the ecological services provided by the habitats was estimated quantitatively. The result showed that the ecosystem service model may be used to qualitatively analyze the quality of a habitat located in a specific region and to estimate the economic value quantitatively. The objective evaluation of ecosystem services demonstrated in the present study may be applied to promote sustainable utilization of natural resources and conservation of the ecosystem by predicting the changes that may be caused by external factors including the development of preservation areas.

• Korean Security Journal
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• no.44
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• pp.85-116
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• 2015

Found in 23 Dec 1953 to cope with illegal fishing of foreign ships and coastal guard duty, Korea Coast Guard was re-organized as an office under Ministry of Public Safety since the outbreak of sinking of passenger ship "Sewolho". In the course of re-organization, intelligence and investigation duty were transferred to Police Department except "Cases happened on the sea". But the definition of intelligence duty is vague and there are lots of disputes over the jurisdiction and range of activities. With this situation in consideration, the object of this study is to analyse legal and institutional characteristic of KCG Intelligence, to compare them to that of Police Department, foreign agencies like Japan Coast Guard and US Coast Guard, to expose the limit and to suggest solution. To summarize the conclusion, firstly, in the legal side, there is no legal basis on intelligence in [The Government Organization Act], no regulation for mission, weak basis in application act. Secondly, in the institutional side, stated in the minor chapter of [The Government Organization Act], 'the cases happened on sea' is a quite vague definition, while guard, safety, maritime pollution duty falls under 'on the sea' category, intelligence fell to 'Cases happened on the sea' causing coast guard duty and intelligence have different range. In addition, reduced organization and it's manpower led to ineffective intelligence activities. In the case of Police Department, there is definite lines on 'administration concerning public security' in [The Government Organization Act], specified the range of intelligence activities as 'collect, make and distribute information concerning public security' which made the range of main duty and intelligence identical. Japanese and US coast guards also have intelligence branch and performing activities appropriate for the main missions of the organizations. To have superiority in the regional sea, neighboring countries Japan and China are strengthening on maritime power, China has launched new coast guard bureau, Japan has given the coast guard officers to have police authority in the regional islands, and to support the objectives, specialized intelligence is organized and under development. To secure maritime sovereignty and enhance mission capability in maritime safety duty, it is strongly recommended that the KCG intelligence should have concrete legal basis, strengthen the organization and mission, reinforce manpower, and ensure specialized training administrative system.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.181-202
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• 2020

The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.147-174
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• 2018

The air transportation industry is a field where control and interference of the state are generalized compared to other industries. However, the premise for national intervention in the air transportation industry is the determination of the nationality of the aircraft or airline company concerned. This is because it is necessary to clarify the distinction between the domestic and foreign carriers so that they can exercise airspace sovereignty. The purpose of this paper is to compare the current status and contents of Korean law and regulations on the determination of nationality with the foreign legal system. To this end, the starting point of the discussion is to look at the history of nationality restrictions on the US air transport industry and the issues that arise in the content and operation of the system today. In addition, this paper examined the provisions of the Japanese aviation law, which is very similar to that of Korea, and then compared the current legal provisions of the United States, Japan and Korea. As a conclusion, this paper sought the direction of revision of the Korean law on the basis of the foreign status of the restriction of nationality in the air transportation industry. Compared with our law, the US and Japan are generally regarded to be more concerned with the contents of their own airline companies than those of foreigners or non-citizen. In spite of the fact that there are many laws and regulations in the United States regarding the de facto dominance of domestic airline companies by foreigners, there have been a lot of controversies in this matter. By the way, Japan has been stipulating regulations on holding companies and affiliated companies. In the global era, it would be meaningful to check the status of the nationality restrictions in the aviation industry, which is based on internationality. I hope that this study will be able to build a legal institutional basis for Korea's aviation industry development from a reasonable protectionist point of view rather than a narrow nationalism in a rapidly changing era.

• Journal of Korean Philosophical Society
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• v.116
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• pp.1-31
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• 2010

This Article studies a meaning of geometrical-mathematical spatial idea in the source of modern theories of space. Modern theories of space elucidated a relation of human and space through the geometrical terms; point, line, plane and extension etc. Descartes and Newton identified space as a natural realty, Leibniz and Kant elucidated space as a subjective idea or form. It is the result of modern spatial theories that space is lied nearly in human. In the meaning of natural space, space is empirically unfolded with a shape of measuring in front of human's eyes. In the meaning of cognitional space, space is a method or subjective cognitional form that human understands nature and constitutes world. Modern theories of space would be divided into four patterns. In Newton's theory space is absolutely prior to things. In Leibniz' theory space is a co-existence order of Monads. In Descartes's theory space is identified with extension. In Kant's theory space is cognitional form of subject. They all are confronted with each other in the source of space. In their confrontation they reflected on the relation of human and space in their own standpoint. We classify their particularly differential concepts of space into natural space and cognitional space. And then we analyze a difference of spatial meanings, and then investigate foundations of meaning of modern theories of space. On the one hand they are become to the source of alienation of human from space. But on the other they are contributed to get space familiar with human through a wakening for the correlation of human and space. The natural space indicates that with measurable shape space is extended really in front of human's experiential eyes. But the cognitional space elucidates that space is only a subjective idea or form with which human understands nature and constructs world. In the former it is embossed that space is independent to human, and is able to be measured and to be treated according to natural raws. In the latter it is evidenced that space is not separated to human, and that space is not without human, and a correlation existed between human and space. Humanist ideal is declared in them. It was a declaration of human sovereignty to nature. But this declaration is caused to alienate human beings from space.