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Shin, Hong-Kyun
- The Korean Journal of Air & Space Law and Policy
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- v.26 no.1
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- pp.241-269
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- 2011
Solar flare and storm may give an adverse effect upon electromagnetic environment around the Earth, so that various kinds of satellite cease to normally function. This kind of space storm disaster is characterized by the uncertainty about when and what size. Recently the UN has been paying attention to this plausible disaster. Particularly the COPUOS has taken the view that this disaster would threaten the sustainable space environment. The precautionary principle, rooted and excercised in the environment protection filed, has been adopted in the case of disaster with uncertainty. The reports and opinions given by the expert and representatives of the member States have stated that the precautionary principle should be adopted for the purpose of dealing with this disaster. On the other hand, it is advanced that the principle has been already included in the space law principle enshrined in the 1967 Space Treaty. The Treaty has adopted the freedom of navigation and use of the outer space for the interest of all States as the basic principles. Sustainable environment is necessary for implementing the principle. Therefore, the rules for the protection of sustainable space environment should be based upon the space law principle.
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