• 제목/요약/키워드: 조약

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Study on the Chinese Declarations to the London Protocol at the Time of Its Accession (런던의정서 가입 시 중국이 제출한 통지(선언)에 대한 검토)

  • Choi, Ji-Young;Hong, Gi-Hoon;Shin, Chang-Hoon
    • Journal of Korean Society of Environmental Engineers
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    • v.34 no.2
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    • pp.126-135
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    • 2012
  • Republic of Korea designates a waste disposal site within the fishing zone administered jointly with Chin in the Yellow Sea. The issue of waste disposal at sea is subject to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter commonly called London Protocol. China, one of the contracting parties declared that if China becomes a party to a dispute concerning the interpretation and application of the Protocol, the Arbitral procedure of the Protocol shall only be applied with written consent of the Government of China according to the Article 16.5 of the Protocol at the time of its accession. The Article allows any State may declare that, when it is a party to dispute about the interpretation or application of precautionary approach or polluter pay principle, its consent will be required before the dispute may be settled by means of the Arbitral procedure of the Protocol. This paper analyzes the legal basis of Chinese declaration and its implication to parties that may be in dispute with China using international precedents of similar nature and a game theory.

Precautionary Action by a Military Aircraft in the Law of Air Warfare: its Rules and Problems (국제항공규범의 전시적용 법리와 쟁점 - 공전규범상 사전예방조치 (Precautionary Measure)의 법리와 쟁점을 중심으로 -)

  • Hwang, Won-Ho;Kim, Hyoung-Ku
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.41-68
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    • 2011
  • This article deals with the current rules of law of air warfare and its surrounding issues on precautionary action by a military aircraft at air-to-air operation in international armed conflict. However there is no separate and independent legal system to regulate warfare in aerospace in the current system of law of war (or law of armed conflict). In other words, law of air warfare does not exist in a form of a separate treaty. Air warfare has been regulated by international customary law and the relevant provisions in different Conventions, including 1949 four Geneva Conventions and two Additional Protocols, which mainly regulate land and naval warfare. And this makes difficult to make clear a legal term or legal tests on an issue concerned with law of air warfare, which concludes from time to time a dispute on interpretation and implementation of law of air warfare between states. Therefore, this article refers various materials (including 1949 Geneva Conventions and Additional Protocols, San Remo Manual, Harvard Manual, and ICAO Manual on Interception of Civilian Aircraft) for the purpose of defining the current and desirable legal test on precautionary action by military aircraft. In addition to the main purpose of this article, this article tried to show a characteristic of developing mechanism of law of air Warfare taking into account interactions between international air law and law of air warfare.

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A Study on the international legality issues of armed attack by drone (무인항공기의 무력공격을 둘러싼 국제법상 쟁점에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.37-61
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    • 2013
  • In modern international law, the absence of legal definition regarding drone(Unmanned Aerial Vehicle) has made legal scholars work on an typical analogy between aircraft codified in the international document and drone. The wording of the Convention on International Civil Aviation is limited to two categories of aircraft, such as civil aircraft and state aircraft, whereas military aircraft is not legally defined. As such it is, the current practices of the State regarding the drone flight over foreign territory have proven a hypothese that drone is being deemed as military aircraft. Principal usage of drone lies in reconnaissance and surveillance mission as well as so-called targeted killing, which is prohibited if the killing is treacherous. Claimed war against terrorism, however, is providing a legal rationale that targeted killing is not treacherous, and that the targeted person is not civilian but combatant. In such context, armed attack of drone is deemed legal and justified. Consequently, such attack is legal in the general context of the war. The rules that govern targeting do not turn on the type of weapon system used, and there is no prohibition under the laws of war on the use of technologically advanced weapons systems in armed conflict so long as they are employed in conformity with applicable laws of war. Drones may present interesting new challenges because of their sophistication and the technological advantage they convey to their operators.

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A Study of Global Impact on Welfare State : with Special References to the Social Policy of EU (지구화시대 초국가적 권위체가 복지국가 체제에 미치는 영향에 관한 연구 : 유럽연합의 사회정책을 중심으로)

  • Moon, Jin-Young
    • Korean Journal of Social Welfare
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    • v.53
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    • pp.311-336
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    • 2003
  • This paper purports to explain the conflicts and compromises between supra-national authority and national welfare state in an era of globalization. For this purpose this paper, first of all, examines if Community law(EU) is directly applicable to member states(direct applicability), and subsequently, if Community law is superior to national law(supremacy). It duly claims that Community law is de facto applicable to member states and thus is superior to national law, but de jure the direct applicability and supremacy of Community law are still ambiguous in practice. Secondly, it briefly describes the development of EU social policy from 'The Rome Treaty(1957)' to 'The Amsterdam Treaty(1997)', and ascertains clear limitations of social dimension of EU. Thirdly, it explains why CEU(Commission of European Union) sequently fails to achieve uniform harmonization policy in the making of social Europe. This paper concludes that 'downward harmonization thesis' or 'convergence thesis' which commonly stresses that globalization seriously impinges on nation-state's policy autonomy and policy capacity is not evidenced at least in the case of EU social policy.

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Militarization of Space and Arms Control

  • Cho, Hong-Je
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.443-469
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    • 2018
  • In the sixty year since the first launch of Sputnik 1, it has become impossible to consider economic, political, or scientific human life in the communication field without reference to outer space. But, there is a growing groundswell of public opinion aimed at preventing arms race in space. Therefore it is necessary to establish some institution or mechanism such a code of conduct, international law. But every nation has a different posture on the grounds of national interest, or different levels of space development, the conditions required for the successful negotiation of a comprehensive treaty are not yet ripe. It is hoped that by beginning with soft measures (TCBM, Code of Conduct) for which it is easier to secure voluntary participation it may be possible to build up to a comprehensive treaty. The participation of the Space powers (US, Russia, China) in a dialogue of mutual exchange and shared information would contribute to international peace and give a long term benefit to humankind. It is also necessary to promote partnership through regional and bilateral cooperation. We should guide and shape opinion so that more nations ratify and sign existing international legal covenants in order to contribute to the efficency of Space law. International law needs to enforce PAROS and Space Security.

A Study on Tradition Discourse in Korean Modern Drama between 1894 and 1910 (근대계몽기 한국연극사의 전통담론 연구 II)

  • Paek, Hyun-Mi
    • (The) Research of the performance art and culture
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    • no.18
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    • pp.347-377
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    • 2009
  • This paper examines the tradition discourses in Korean modern drama of the late 19th and the early 20th. It focuses particularly on how key intellectuals differentiated the definition and interpreted 'Theater-Improvement' while they insisted on improving traditional performance. Tradition discourse focused on how to improve its contents of performances. There were three categories in discussion. First, Confucian intelligent insisted that traditional performance should be discarded, because it led to customs disorder among the public. Second, patriotic and progressive intellectuals led by Sin Chae-Ho(신채호) and Bak Yen-Sik(박은식), preferred the reformed content of traditional Korean performance dealing with historical heroes. in order to stimulate patriotism in the Korean. Third, Lee In-Jik(이인직) who had worked at a popular newspaper company in Japan tried to make 'New Theater' criticizing decayed officials and the stupid nation. He did not concern about the colonialism of Japan. In the late 19th and the early 20th in Korean modern drama history, tradition discourses faced different directions, dependent on their political positions, familiar foreign cultures, and their view on traditional cultures.

Analysis and Implications of Private-led Library Services for the Disabled in Major Advanced Countries (주요 선진국 민간주도형 도서관 장애인서비스 분석과 시사점)

  • Yoon, Hee-Yoon
    • Journal of Korean Library and Information Science Society
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    • v.53 no.2
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    • pp.1-23
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    • 2022
  • Access to knowledge and information is a universal human right. However, even after the Marrakesh Treaty was adopted on June 27, 2013, only 1-7% of standard printed materials are accessible to people with reading disabilities, including the visually impaired, and library services are very weak. As a result, the book famine of people with reading disabilities continues. This study, focusing on such severe access gaps and inequalities, analyzes Learning Ally and Bookshare in the US, the Royal National Institute of Blind People (RNIB) in the UK, Bibliothèque Numérique Francophone Accessible (BNFA) in France, and SAPIE in Japan, which are considered private organizations leading library services for the disabled in major developed countries. And based on the derived implications and the Marrakesh Treaty, a strategic plan was proposed to strengthen the services of the disabled in domestic libraries. It is urgent to enact the 'Act to Resolve Reading Barriers', amend the provisions related to the Copyright Act that restrict library services, strengthen the organizational capacity of the National Library for the Disabled, raise the service index for the disabled in library evaluation, and establish a library cooperation system centered on regional representative libraries and expand services, etc.

The Play Method and Significance of Song Byung-seon(宋秉璿) - Based on His Travel Essay(遊記) - (연재 송병선의 놀이방식과 의의 - 그의 유기를 바탕으로 -)

  • Yoo, Young-Bong
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.8
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    • pp.315-325
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    • 2021
  • Yeonjae(淵齋) Song Byeong-seon(宋秉璿, 1836-1905) was the ninth-generation descendant of Uam (尤庵) Song Si-yeol (宋時烈). During his lifetime, he gained the trust of Yu-rim(儒林) and was called to the court several times. However, he eventually refused an official] post and spent his life cultivating his studies in the wild. When the Eulsa Treaty(乙巳條約) was signed on November 17, Yeonjae pleaded with King Gojong about the abolition of the treaty. And on the morning of December 30, Yeon-jae committed suicide at his old house in Hoedeok(懷德). At this time, Yeon-jae sent the final appeal to the king, leaving a message to the king, the people, and Yu-rim about the restoration of national sovereignty, fulfilling his duties as a leader of Sarim(士林). After that, in 1962, Yeonjae was awarded the Order of Independence Medal of National Founding. Song Byeong-seon's excursions took place throughout his life. 22 long and short travelogues are existed today. The excursions were mainly done by land, so most of them rode horses or mules. He sometimes used floats or kilns. But he sometimes knew how to use the waterways effectively. This is because in some travel reports, routes using inland waterways and sea routes appear. The journey of the series continues all the way to finding the relics of his ancestors. In this process, it is clear that he reaffirmed its mission of succession to the family and promised to be a part of the brilliant feat of the ancestors. In addition, the reading of the scriptures and Neo-Confucian discussion were added to the excursions. His excursions continued as a means of publicizing and expanding the Neo-Confucian worldview. Thus, Yeonjae inherited the spirit of John Wangyangi(尊王攘夷) left by his ancestors, and finally raised the banner of Wijeongcheoksa(衛正斥邪) high. And he resolutely set out on the road to death for the country.

A Study on Deployment of Digital Marine Network in Littoral Sea (연근해 디지틀 해상통신망 구축에 관한 연구)

  • Jang, Dong-Won;Lee, Young-Hwan
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2008.05a
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    • pp.77-80
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    • 2008
  • 해상통신은 인명 안전을 위한 중요 통신으로 국제적으로 보호되어 왔다. 뿐 만 아니라 지구 전역을 커버하기 위해 전송 특성이 좋은 LF/MF/HF대역의 통신시스템 및 위성 시스템이 이용되고 있다. 최근에는 통신 기술의 발달로 육상이동통신 기술을 해상 및 항공에 확대하려는 시도가 꾸준히 진행되고 있다. 통신 기술의 급속한 발전으로 해상 및 항공 통신망은 기존 음성 위주의 통신망에서 멀티미디어를 처리할 수 있는 디지틀망으로의 전환이 시급히 필요하게 되었다. 대부분의 아날로그 시스템은 디지틀 시스템으로 전환되고 있으며 데이터를 이용해서 보다 정확한 정보를 제공해서 해상 안전을 높이고 있으며 기존 개별 장비를 시스템화하여 주파수를 효율적으로 활용하고 사용을 편리하게 할 수 있도록 하고 있다. DSC, AIS 등 이미 많은 디지틀 장비들이 국제 해상 통신에 이용되고 있으며 해상 통신 시스템을 종합화해서 해상안전을 제고하기 위해 IMO를 중심으로 주진 중에 있다. 그러나 연근해 해상 통신 시스템은 SOLAS조약에서 제외되어 있으므로 나라마다 다양하게 개발되고 있다. 특히 연근해에서 중요한 MF/HF/VHF대역 시스템을 각 국이 경쟁하면서 현대화를 추진하고 있으며 ITU-R을 통해서 표준화를 주도하려고 노력하고 있다. 본 고에서는 연근해 핵심 통신망을 구성할 HF/VHF대역 시스템에 대한 기술을 분석하고 기술하였다.

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New pattern of air market according to liberalization air transport between Korea and China (${\cdot}$ 중 항공자유화에 따른 항공시장의 변화와 대응)

  • Moon, Woo-Choon;Lee, Sang-Wook;Choi, Youn-Chul
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.15 no.2
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    • pp.32-39
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    • 2007
  • Air Transportation industry becomes more competitive that the restriction on new access to market were eased and relaxed. Liberalization of international air transport will continue, via bilateral and multilateral process. Korea, Japan, and China have expanded enormously the economic trade and cultural exchange bilaterally in the Northeast Asia, they are acknowledging the importance and necessity of improved connection, it order to face effectively other regional blocks of US-Canada, NAFTA, ASEAN, CLMV. In particular, nobody denies that it is urgent to liberalize bilaterally the air transport in Northeast Asia for promoting reciprocal benefits and prosperity. Recently while open skies bilateral agreements was signed between Korea-China in June, 2006. The agreements processes are too heavily influenced by flag carriers; leading to capacity/market sharing between the bilateral carriers in most markets, against the interest of consumers and overall economic interest of the nation. For successful operation of Northeast Air Market, it is need to set up development strategy paradigm by creating cross-border sub-regional (Northeast Asian) open skies bloc as well as preparing and creating of LCCs operations.

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