• Title/Summary/Keyword: weapons of mass destruction

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International Legal Measures of Protection of Critical Infrastructure Facilities in Banking Sphere

  • Oleg, Batiuk;Oleg, Novikov;Oleksandr, Komisarov;Natalia, Benkovska;Nina, Anishchuk
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.145-154
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    • 2022
  • Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

North Korea's nuclear and missile development and our countermeasures (북한의 핵 및 미사일 개발과 우리의 대응방안)

  • Lee, Hyun Hee;Kim, Gyu Nam
    • Convergence Security Journal
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    • v.17 no.2
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    • pp.127-135
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    • 2017
  • Today, Kim Jong-un, the third-hereditary regime in North Korea, is committing Nuclear Provocation more aggressively than the past when Kim Il-sung and Kim Jong-il dominated. Past South Korea government had suggested plans to restrain the provocation from North Korea and bring stabilization in the Korean Peninsula. However, consequentially it was limited to the primary role of the President. When President Trump takes over the government in February 2017, it has attracted the expectation about the issues occurred on the Korean Peninsula due to the pledge that he promised during the presidential election and his govern style. However, various speeches about the Korean Peninsula that he spoke recently made situations depressed about what South Korean currently encounters. Furthermore, previous regime in North Korea has laid the foundation for Kim Jong-un to be obsessed more on the nuclear and missile which has led him to provoke more imprudently by highlighting the light weight, advanced, and various kinds of nuclear and missiles. Thus, we would like to propose counter measures in order for South Korean government to handle and solve the issues that they encounters by themselves based on North Korea's Nuclear Provocation instead of relying on other countries to get involved and help.

Characteristics of Biological Agent and relavent case study (생물무기 특성과 사례연구)

  • Park, Minwoo;Kim, Hwami;Choi, Yeonhwa;Kim, Jusim
    • Journal of the Society of Disaster Information
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    • v.13 no.4
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    • pp.442-454
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    • 2017
  • Biological weapon is manipulated and produced from microorganisms such as bacteria, virus, rickettsia, fungi etc. It is classified as one of the Weapons of Mass Destruction (WMD) along with chemical weapon and radiological weapon. Biological weapon has a number of operational advantages over the other WMDs including ease of development and production, low cost and possibility of covert dissemination. In this study we analyze the history of biological weapon's development and the existing biological threats. Then, we predict the social impact of biological attack based on the physical properties of biological agent and infection mechanisms. By analyzing the recognition, dispersion pattern of agents, characteristics of the diseases in the biological weapon related historical events such as Sverdlovsk anthrax accident, 2001 anthrax attack, we found out some of the facts that biological attack would not likely to be recognized rapidly, produce large number of the exposed, increase number of paients who suffed from severe respiratory illness. It would lead the public health and medical service providers to be struggled with hugh burden. Base on the facts that we found from this case study, we suggested the main capabilities of public health required to respond to bioterrorism event efficiently. Syndromic surveillance and other reporting system need to be operated effeciently so that any suspicious event should be detected promptly. the pathogen which suspected to be used should be identified through laboratory diagnostic system. It is critical for the public health agency to define potentially exposed population under close cooperation with law enforcement agencies. Lastly, massive prophylaxis should be provided rapidly to the people at need by operating human and material resources effeciently. If those capacities of public health are consistantly fortified we would be able to deal with threat of bioterrorism successfully.

The International Legality of the North Korean Missile Test (북한미사일 실험의 국제법상 위법성에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.211-234
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    • 2009
  • North Korea conducted the launcher test, which, as North Korea claimed, belonged to the sovereign rights for the purpose of peaceful utilization and exploration of the outer space. The launching was allegedly done for the sole purpose of putting the satellite into earth orbit, while international community stressed the fact that the orbiting of satellite was not confirmed and that the technology used was not distinct from the purpose of building intercontinental ballistic missile. UN Security Council adopted the resolutions which took the effect that the launching was deemed as the missile launching, not the mere launcher test. North Korea declared the moratorium of suspending its test activity. Controversial issues have been raised regarding whether the launcher itself has the legal status of enjoying the freedom of space flight based upon the 1967 Outer Space Treaty. The resolutions, however, has put forward a binding instrument forbidding the launching. UN Security Council resolutions, however, should be read not as defining the missile test illegal, in that the language of resolutions, such as 'demand', should be considered as not formulating a sort of obligatory act or inact. On the other hand, the resolutions should be read as having binding force with respect to any activity relating to the weapons of mass destruction. The resolution 1718 is written in more specific language such as 'decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'. Therefore, the lauching activity of the North Korea is banned by the UN Security Council resolution. It should be noted that the resolution does not include any specific provisions defining the space of activity of the North Korea as illegal. But, the legal effect of the moratorium is not denied as to its launching itself, which is corresponding to the missile test clearisibanned in accordance with the resolutions.

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An Analysis on the Conditions for Successful Economic Sanctions on North Korea : Focusing on the Maritime Aspects of Economic Sanctions (대북경제제재의 효과성과 미래 발전 방향에 대한 고찰: 해상대북제재를 중심으로)

  • Kim, Sang-Hoon
    • Strategy21
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    • s.46
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    • pp.239-276
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    • 2020
  • The failure of early economic sanctions aimed at hurting the overall economies of targeted states called for a more sophisticated design of economic sanctions. This paved way for the advent of 'smart sanctions,' which target the supporters of the regime instead of the public mass. Despite controversies over the effectiveness of economic sanctions as a coercive tool to change the behavior of a targeted state, the transformation from 'comprehensive sanctions' to 'smart sanctions' is gaining the status of a legitimate method to impose punishment on states that do not conform to international norms, the nonproliferation of weapons of mass destruction in this particular context of the paper. The five permanent members of the United Nations Security Council proved that it can come to an accord on imposing economic sanctions over adopting resolutions on waging military war with targeted states. The North Korean nuclear issue has been the biggest security threat to countries in the region, even for China out of fear that further developments of nuclear weapons in North Korea might lead to a 'domino-effect,' leading to nuclear proliferation in the Northeast Asia region. Economic sanctions had been adopted by the UNSC as early as 2006 after the first North Korean nuclear test and has continually strengthened sanctions measures at each stage of North Korean weapons development. While dubious of the effectiveness of early sanctions on North Korea, recent sanctions that limit North Korea's exports of coal and imports of oil seem to have an impact on the regime, inducing Kim Jong-un to commit to peaceful talks since 2018. The purpose of this paper is to add a variable to the factors determining the success of economic sanctions on North Korea: preventing North Korea's evasion efforts by conducting illegal transshipments at sea. I first analyze the cause of recent success in the economic sanctions that led Kim Jong-un to engage in talks and add the maritime element to the argument. There are three conditions for the success of the sanctions regime, and they are: (1) smart sanctions, targeting commodities and support groups (elites) vital to regime survival., (2) China's faithful participation in the sanctions regime, and finally, (3) preventing North Korea's maritime evasion efforts.

The Korean Peninsula security and Military Strategy of USA and China (미.중의 군사전략과 한반도 안보)

  • Son, Do-Sim
    • Journal of National Security and Military Science
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    • s.4
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    • pp.289-350
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    • 2006
  • The world has been rapidly restructured in an agenda of national security from center of military strength to that of economic strength since the post cold-war era China military leadership-division carried out RMA through learning of a lesson from Gulf war in 1990 -1991 and Iraq war in 2003, thus the leadership-division made an attempt to convert the military system to a technical intensive system. The principle based on RMA of China military is (National defense strategy) drafted by the central military committee 1985 and (Four modernization general principles) 1978. China has introduced Russian high-technological arms and equipment in order to build up the military arms greatly thanks to an economical development, and they take pragmatism line as chinese socialism with their strategy to make secure a position as military powers such as they successfully launched a manned spacecraft and are building an air-craft carrie and soon. USA has a theory of dichotomy whether a country is a cooperator for USA, or not. and also enemy or friend since 9.11terror, thus USA is different from their direction of police. This is because USA stands a position as the superpower of the supremacy hegemony of the world. We must be carefully aware that USA considers as important area for Middle east, West south Asia, Central Asia and Northwest Asia to meet the demands of 2lcentury. Accordingly, the focus of USA's military strategy will be probably concentrated at the above mentioned four areas. On the other hand, USA enjoys such a superpower position due to collapse of USSR which was the past main enemy since the post cold war era. We could give an conclusive example as fact that USA has recurred to unilateralism But USA carry on the military operations to the terror groups at global around by converting thje military strike strategy to pre-emptive strike strategy since9.11 terror, 2001. USA seeks for transformation to the mobile military forces with light-quantity oriented in order to carry on such the military operations and makes progress GPR, And the USA forces in Korea makes progress a military renovation as part of such a military strategy. On the other hand, USA promotes the measures of choose for the countries standing at the crossroads of strategy and carries forward a main scheme of provision for four priority aims that the leaders of a hostile country and mis-country shall be prohibited from use and obtainment of weapons of mass destruction. Accordingly, this treatise found out a significant meaning to have an effect on the national security in the korean peninsula.

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Deterrent Strategy in the era of North Korea's WMD and Missile Threats : Challenges and the Ways to go (북 핵·미사일 시대의 억제전략 : 도전과 나아갈 방향)

  • Lee, Sang-Yup
    • Strategy21
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    • s.41
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    • pp.232-260
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    • 2017
  • The purpose of this paper is to open a debate about what kind of deterrent strategy the ROK military should pursue in the era of NK's weapons of mass destruction and missile threats. I argue that the ROK military needs a comprehensive deterrent strategy that reflects the international security situations and trends and that builds on clear understanding of the basic concepts and how deterrence operates. The paper starts with surveying the basic knowledge of deterrence from the perspectives of both theory and practice. Then, it provides explanations on why deterrence against NK can be particularly difficult given the security environment in and around the Korean peninsula. For example, South Korea and North Korea hardly share 'common knowledge' that serves as a basic element for the operation of deterrence. Deterrence against North Korea involves complex situations in that both deterrence and compellence strategies may be relevant particularly to North Korea's WMD and missile threats. It also involves both immediate and general deterrence. Based on the discussion, I suggest several ideas that may serve as guidelines for establishing a deterrent strategy against NK. First, our threats for deterrence should be the ones that can be realized, particularly in terms of the international norms. In other words, they must be considered appropriate among other nations in the international community. Second, there should be separate plans for the different kinds of threats: one is conventional, local provocations and the other is WMD/missile related provocations. Third, we should pursue much closer cooperative relations with the U.S. military to enhance the effectiveness of immediate deterrence in the Korean peninsula. Fourth, the ROK military should aim to accomplish 'smart deterrence' maximizing the benefits of technological superiority. Fifth, the ROK military readiness and structure should be able to deny emerging North Korean military threats such as the submarine-launched ballistic missiles and intercontinental ballistic missiles. Lastly, in executing threats, we should consider that the current action influences credibility and reputation of the ROK, which in turn affect the decisions for future provocations. North Korea's WMD/missile threats may soon become critical strategic-level threats to South Korea. In retrospect, the first debate on building a missile defense system in South Korea dates back to the 1980s. Mostly the debate has centered on whether or not South Korea's system should be integrated into the U.S. missile defense system. In the meantime, North Korea has become a small nuclear power that can threaten the United States with the ballistic missiles capability. If North Korea completes the SLBM program and loads the missiles on a submarine with improved underwater operation capability, then, South Korea may have to face the reality of power politics demonstrated by Thucydides through the Athenians: "The strong do what they have the power to do, the weak accept what they have to accept."

The Pyeongchang 2018 Olympic Winter Games and North Korea's Denuclearization (2018 평창동계올림픽과 북한의 비핵화)

  • Lee, Hong Jong
    • Korea and Global Affairs
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    • v.2 no.1
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    • pp.93-112
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    • 2018
  • The Pyeongchang 2018 Olympic Winter Games is a good example of functionalism in integration theories. President Moon Jae-in is extremely lucky to play host to the Winter Olympics. Moon should be particularly happy to have declared the 23rd Winter Games open, because a handful of North Korean athletes marched into the Pyeongchang Stadium as members of a joint team from "Corea," the result of his strenuous efforts to have the North participate in the world festival of sports on snow and ice. But the president of this divided nation hardly draws envy from other world leaders, as he is faced with the daunting task of accommodating the selfish positions of surrounding powers concerning North Korean nuclear and missile threats. North Korea, a trivial competitor in winter sports, scored big outside the games' sporting arenas by inviting President Moon to summit talks in Pyongyang. As a precondition for a 2018 summit, Pyongyang will first ask for the cessation of the annual joint Korea-US military exercises. President Moon invested a lot in the Olympic delegates from the North. Korea's leader will now have to start a truly difficult game which will require the best of best strategies as well as a great deal of wisdom and tenacity not only to deal with the weapons of mass destruction-toting North Koreans, but also with allies. On the other hand, Moon needs to make the effort to reset domestic politics with tolerance and compromise, so he can better concentrate on the conundrum of North Korean nuclear and missile threats.

A Study of the Future Terrorism : Its Patterns and Perspectives (미래 국제 테러 유형과 전망에 관한 연구)

  • Choi, Jin-Tai
    • Korean Security Journal
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    • no.15
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    • pp.337-358
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    • 2008
  • With the Japanese attacks on Pearl Harbor in 1941, approximately 2,500 people were killed. The terrorist attack on World Trade Center in the United States resulted in the heavy loss of people's lives, 2,749 in all. The 9.11 demonstrated that terrorist attack could be more serious problem than the war in our modern life. In addition, terrorist armed with new and high technologies have become more dangerous elements to the international community. Especially, the fact that the weapons of mass destruction are used by terrorist organizations is a matter of great concern. The strength of terrorist arsenal gives terrorist a decided advantage over us. The chances of success for terrorist have been increased due to the terrorist friendly environments. Terrorism has evolved without stopping from its birth, which is imposing a great burden on the authorities concerned. The counter-terrorism strategy and tactics used in the past have been useless in the fighting against new terrorism. To cope with the fast changing terrorism, comprehensive countermeasures should be developed. The purpose of this study is to know the enemy. To achieve the goal, the current situation on international terrorism as a whole is examined. Based on the result of the research, this paper also tried to give a perspectives on the future terrorism. At the same time, it provides a guidelines of the direction in the fighting against terrorism.

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A Study on the Meaning of Outer Space Treaty in International Law (우주조약의 국제법적 의미에 관한 연구)

  • Kim, Han-Taek
    • 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.

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