• Microbiology and Biotechnology Letters
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• v.49 no.3
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• pp.269-282
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• 2021

Following enforcement of the Nagoya Protocol (NP), in which the sovereign rights to genetic resources of countries are recognized, new legal obligations regarding access and benefit-sharing (ABS) that did not exist before have now been imposed on researchers. To implement the NP, many countries are introducing new procedures and regulations when a researcher wants to obtain genetic resources for commercial or noncommercial uses. It is therefore expected that resource-rich countries will adopt strong regulations to protect their genetic resources. In this regard, Korean microbiologists will need to respond to these changes to minimize the potential damages caused by the ABS. This paper reviews the key contents of the NP to raise its awareness among scientific researchers and further presents specific measures to meet the ABS obligations accordingly. For example, Korean researchers, in principle, do not need to acquire Prior Informed Consents (PICs) when they access Korean microbial resources for both commercial or research purposes. Nevertheless, when a foreign culture collection agency such as DSMZ requests a confirmation of compliance with the NP to deposit genetic resources, Korean researchers can also apply for a PIC with the Korean government as an exception. By referring to this article, microbiologists will be able to conduct their research in compliance with the NP while respecting the legal ABS obligations of each resource-providing country.

• 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.

• Korean Journal of Environment and Ecology
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• v.35 no.4
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• pp.336-346
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• 2021

The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers' efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.

• (The)Study of the Eastern Classic
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• no.67
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• pp.203-236
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• 2017

The objective of this study is to suggest the transmission direction and tasks of Ssireum, and the conclusions are like below. First, Ssireum has been designated as a national intangible cultural heritage(No.131) in December 2016. Second, in the current status of preservation and spread of Ssireum, there is no system related to the transmission of Ssireum such as cultivation of professional manpower, and facilities, programs, and administration/finance for transmitting Ssireum. Third, based on the "Intangible Cultural Heritage Preservation & Promotion Act", the transmission direction of Ssireum was suggested. (1)The designation of a college to transmit Ssireum would be needed. (2)The Ssireum curriculum should be established. (3) It would be necessary to secure trainees for transmitting Ssireum. (4)The production of teaching materials for transmitting Ssireum would be needed. (5)It would be needed to secure training institutes designated in each region and also teaching personnels for transmitting Ssireum. (6)The research direction for the correct transmission of Ssireum should be set up. Fourth, based on the "Ssireum Promotion Act", the transmission direction of Ssireum was suggested. (1)It is urgent to complement provisions for transmitting Ssireum. (2)For the transmission of Ssireum, instead of the transmission direction of Ssireum as a national intangible cultural heritage in the standardized perspective, it would be necessary to seek for the joint transmission direction between South & North Korea for research & documentation of Ssireum that could be systematized/shared between South & North Korea, development/spread of contents for discovering the original form of Ssireum, and the establishment of a base of transmission system for the preservation/promotion of Ssireum through the academic/institutional exchanges regarding Ssireum between South and North Korea. Moreover, the overall and fundamental transmission measures for the education, transmission, research, record, and informatization of Ssireum, and the cultivation of professional manpower should be established. Fifth, the contents of institutional tasks for Ssireum are like following. (1)The institutional complementation of the "Ssireum Promotion Act" should be done for the domestic/foreign promotion of Ssireum. (2)For the integration of Ssireum organizations, the administrative system should be unified. (3)The standard technical system manual for Ssireum should be produced. (4)The 'Ssireum Transmission Center' should be built for the preservation and systematic transmission of Ssireum. (5)The selection of a college for transmitting Ssireum and the establishment of a system to cultivate Ssireum successors should be done. (6)It would be necessary to establish database(DB) for the use of Ssireum techniques essential for the transmission of Ssireum.