• Title/Summary/Keyword: 권한 통제

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A Protection Management Characteristic and Preservation Plan of World Heritage Mt. Huangshan (세계유산 황산의 보호관리 특성 및 보전방안)

  • Shin, Hyun-Sil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.1
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    • pp.120-128
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    • 2018
  • The purpose of this study is to establish basic data for the continuous protection management policy of domestic natural world heritage and mixed world heritage, and to examine the present situation and characteristics of the protection management according to the World Heritage Convention on the World Heritage listed Huangshan. The results of this study are as follows. First, Huangshan began to be protected by the establishment of the Huangshan Construction Committee in 1933, and after the designation of national park in 1982, laws and regulations were established in the central ministries, And various projects related to utilization have been implemented. Secondly, the establishment of the boundary for protection was actively intervened by the central government, such as the reorganization of the boundary of Huangshan through the administrative district plan. In order to protect the ecological and landscape value as well as the cultural factor, And designated a heritage designated area. Third, the protection management of Huangshan was divided into four major stages. The first phase was divided into the period when administrative measures were taken to manage the protection of Huangshan. The second phase was designated as a national park in Huangshan. The third period was the time of the protection-oriented project according to the recommendation of the international organizations after the World Heritage listed. The fourth period was the expansion of the tourism industry for the continuous use of protection of Huangshan city, My preservation business was being implemented. Fourth, Huangshan is managed by the central government and the city government. Huangshan, which is a mixed heritage, is managed jointly by the Ministry of Cultural Heritage Administration and the Ministry of Natural Heritage Administration. The protection and management of Huangshan promoted the efficiency and expertise of the heritage-related work through the establishment of the administrative unit-specific management system, and the local governments were entrusted with the authority to implement the protection management policies that meet local characteristics. Fifth, the preservation area of Huangshan has been destroyed by the development policy centered on the mountain. In addition, according to the operation of accommodation facilities, there are problems such as sewage, garbage disposal, and environmental pollution caused by tourists, and the damage caused by pests and diseases in planted plantations around the area and changes in ecosystem due to the composition of cable cars. Sixth, for the continuous protection of Huangshan, strict regulations on new construction, extension and management of accommodation are required, and it is necessary to install facilities to limit and control the number of visitors.

International Law on the Flight over the High Seas (공해의 상공비행에 관한 국제법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.3-30
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    • 2011
  • According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

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