• Bulletin of the Society of Naval Architects of Korea
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• v.30 no.1
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• pp.43-48
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• 1993

본 보고는 금년 1원 11일부터 15일까지 영국 런던에서 개최된 SLF 37차 회의 결과를 중심으로 선박의 손상 복원성과 관련된 최근의 IMo의 동향을 소개하여 국내 관련업계에 최신정보를 제공하고 향후의 대처방향을 논의하기 위함이다. 앞으로의 국제협약에서의 손상 복원성 규칙은 점차 확률론적인 방법으로 바뀌어 가는 추세이며 이러한 IMO의 의도를 구체적으로 반영한 실례가 SOLAS 92이다.

• Proceedings of the Korean Association for Survey Research Conference
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• 2000.11a
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• pp.65-91
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• 2000

국제적으로 국가간의 거래가 활발해지고 자본이동이 자유화되면서 부패문제는 더 이상 특정지역의 문제로 국한되지 않고 국제적으로 큰 파급효과를 야기하고 있다. 세계 각국은 부패로 인한 윤리적.경제적 폐해를 방지하기 위해 OECD 부패방지협약이라는 국제규칙을 마련하였다. 본 연구에서는 부패방지협약의 구체적인 내용과 후속 및 이행조치를 검토하고, 한국 기업인들의 부패인지도 조사를 통해 이러한 국제적 상황에 대처하고 기업부문에서 부패를 척결할 수 있는 방향을 제시하였다. 조사결과 한국 기업인들은 부패라운드에 대하여 거의 인식하지 못하고 있었으며 그에 대한 대응조차도 이루어지고 있지 않았다. 기업문화 역시 부패가 발생할 가능성을 내포하고 있어 기업인의 의식 전환이 필요하였다. 그러나 문화의 인위적 변화 가능성은 의문의 여지로 남는다.

• Korea Trade Review
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• v.41 no.5
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• pp.15-39
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• 2016

Over the past couple of decades, we can see the emergence of a new lex mercatoria. It consists of international conventions or treaty, model laws and international principles. And such new lex mercatoria is driven by the international institutions such as UNCITRAL, UNIDROIT and ICC. The international convention and international principles in the field of international commercial transaction are considered : UN Convention on Contracts for the International Sale of Goods(CISG) and The UNIDROIT Principles(PICC Principles). The former is the statue law for the latter, and the latter sometimes supports the former as an interpretation and supplementation of CISG. So, the purpose of this article is to evaluate and investigate the current status of CISG and PICC Principles in terms of application and interpretation principles. The results are as follows. First, PICC are used for the interpretation and supplementation of international law such as CISG, but CISG is a law, not a rule. Second, CISG and PICC Principles are not often chosen when parties chose the law governing their contract. The parties very often chose a national law ; the number of the parties choosing CISG and PICC Principles as a governing law was very low.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.3-27
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• 2012

The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air was adopted in 1929. In 1999, the ICAO adopted the Montreal Convention for the Unification of Certain Rules for International Carriage by Air vastly modernizing the unification of private air law. The Montreal Convention replaced the instruments of the Warsaw system, and came into force on 4 November 2003. The Montreal Convention is not only an international convention. It has also exercised a considerable influence on national legislation. Korea has made the national legislation of the Part VI the Carriage by Air of Commercial Act on April 29, 2011, and it has brought into force on November 24, 2011. The national legislation of the Part VI the Carriage by Air of Commercial Act of Korea has the provisions on the liability for damage caused to passenger, the liability for damage caused to baggage, and the liability for damage caused to cargo. The main feature of the liability regime of the air carrier under the Montreal Convention is the two-tier liability system for death or injury of the passenger with strict liability up to 100,000 SDR and presumptive liability with a reversed burden of proof without any limit above that threshold. The national legislation of the Part VI the Carriage by Air of the Commercial Act of Korea has adopted the main principles of the liability of the air carrier under the Montreal Convention. In conclusion, the national legislation relating to the liability of the air carrier by the Korean government will contribute to settle efficiently the dispute on the carrier' liability in respect of the carriage of passengers, baggage and cargo by air, and to provide proper compensation to the passenger or consignor who has suffered damage, subject to the defenses and limitations it sets out.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2023.05a
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• pp.246-247
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• 2023

국제해상인명안전(SOLAS)협약의 제5장 제 23 규칙은 도선사 이용 가능성이 있는 항로 항해 선박의 도선사용 승하선 설비를 설치할 것을 의무적으로 규정하고 있으며, 우리나라의 도선법 제25조에서도 선장은 도선사가 안전하게 승하선할 수 있도록 승하선 설비를 제공하는 등의 필요한 조치를 해야 하는 의무규정을 두고 있으나 감천항에 입출항하는 어선들을 비롯한 많은 선박들이 안전한 승하선 설비를 제공하지 않아 도선사들의 낙상사고와 위험 상황이 빈번히 발생하고 있어 도선사의 안전한 승하선을 위한 대책을 마련하고자 한다.

• Environmental and Resource Economics Review
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• v.15 no.5
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• pp.827-858
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• 2006

The paper presents game theoretic models for self-enforcing coalition formation in order to sustain effective international environmental agreements(IEAs). The model analyzes how the intrinsically strategic nature of a government's environmental policies(the emission allowance standard) calls for rules to sustain an IEA. Focusing on the recent theoretical developments in the infinitely repeated game, the paper introduces some mechanisms to show how self-interested sovereign countries are cooperatively able to maintain an IEA rather than defect to initially profit at the expense of a pollution heaven later on. For a more realistic case needed to sustain an IEA, an optimal international environmental policy with both signatories and non-signatories under imperfect monitoring is also explored. In this extension of the model, the derivation process for a critical discount factor, a trigger price level and the length of punishment period is briefly discussed.

• Proceedings of KOSOMES biannual meeting
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• 2006.05a
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• pp.153-157
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• 2006

The General Conference of International Labour Organization adopted the Maritime Labour Convention on 23 February 2006 in Geneva, Swiss and it is. composed of four structures of Preamble and Articles, Regulations, Code A and Code B. According, in the preparation of future enforcement, amendments to the Seamen Act, etc. and relevant regulations are needed and regarding issue of the Maritime Labour Certificate and preparation of The Declaration of Labour Compliance, relevant law and regulation for Recognized Organization and training for related persons, etc. should be established.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.205-236
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• 2010

This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

• Journal of the Korean Society of Marine Environment & Safety
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• v.12 no.4 s.27
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• pp.293-300
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• 2006

Domestic laws such as Korea Marine Pollution Prevention Law (KMPPL) which has been mae and amended according to the conclusions and amendments of various international conventions for the prevention a marine pollution such as MARPOL 73/78 were reviewed and compared with the major contents of the relevant international conventions. Alternative measures for legislating new laws or amending existing laws such as KMPPL for the acceptance of major contents of existing international conventions were proposed. Annex VI of MARPOL 73/78 into which the regulations for the prevention of air pollution from ship have been adopted has been recently accepted in KMPPL which should be applied to ships which are the moving sources of air pollution at sea rather tlnn in Korea Air Environment Conservation Law which should be applied to automobiles and industrial installations in land. The major contents of LC 72/95 have been accepted in KMPPL However, a few of substances requiring special care in Annex II of 72LC, a few of items in characteristics and composition for the matter in relation to criteria governing the issue of permits for the dumping of matter at sea in Annex III of 72LC, and a few of items in wastes or other matter that may be considered for dumping in Annex I of 96 Protocol have not been accepted in KMPPL yet. The major contents of OPRC 90 have been accepted in KMPPL. However, oil pollution emergency plans for sea ports and oil handling facilities, and national contingency plan for preparedness and response have not been accepted in KMPPL yet. The waste oil related articles if Basel Convention, which shall regulate and prohibit transboundary movement of hazardous waste, should be accepted in KMPPL in order to prevent the transfer if scrap-purpose tanker ships containing oil/water mixtures and chemicals remained on beard from advanced countries to developing and/or underdeveloped countries. International Convention for the Control if Harmful Anti-Fouling Systems on the Ships should be accepted in KMPPL rather tlnn in Korea Noxious Chemicals Management Law. International Convention for Ship's Ballast Water/Sediment Management should be accepted in KMPPL or by a new law in order to prevent domestic marine ecosystem and costal environment from the invasion of harmful exotic species through the discharge of ship's ballast water.

• Bulletin of the Society of Naval Architects of Korea
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• v.37 no.3
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• pp.32-46
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• 2000

본고에서는 1912년 타이타닉호의 침몰사고 이후 도입된 구획 및 손상복원성규칙의 개정현황, 1987년 herald of Free Enterprise 호와 1994년 Estonia 호의 Ro-Ro Space 해수유입으로 인한 침몰사고 이후 도입된 잔존 복원력 요건 및 Ro-Ro Passenger Ship의 강화 규정을 요약하였다. 또한 IMO 혐약 내의 모든 손상복원성 류칙을 확률론적인 방법으로 통합하기 위하여 IMO SLF (복원성, 만재홀수선 및 어선안전 소위원회)에서 진행중인 HArmonization 작업과 이에 중대한 영향을 미칠 것으로 예상되는 EU(유럽연합) Consortium Project 인 "Harmonization of Rules and Design Rationale(HARDER)" 에 대한 현재까지 의 동향을 요약하였다. 그리고, 부록으로서 방화 및 구명 설비에 대한 협약개정동향을 수록하였다.동향을 수록하였다.