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1970 UNESCO Convention on the Illicit Trafficking of Cultural Property and its Legal Implementations in the Republic of Korea (문화재 불법 거래 방지에 관한 1970년 유네스코 협약의 국내법적 이행 검토)

  • Kim, Jihon
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.274-291
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    • 2020
  • This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

Distributional Characteristics, Population Structures and Fruition Dynamics of Korean Endemic plant, Prunus choreiana H. T. Im (한국특산 복사앵도나무(Prunus choreiana H. T. Im)의 분포특성, 개체군구조 및 결실동태)

  • Kim, Young-Chul;Chae, Hyun-Hee;Son, Sung-Won
    • Korean Journal of Environment and Ecology
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    • v.36 no.2
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    • pp.177-201
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    • 2022
  • Following the adoption of the global plant conservation strategies at the Conference of the Parties for Biodiversity Conservation, diligent actions to achieve each targets are actively carried out. In particular, the need for ecological conservation research to achieve targets 2 and 7 of GSPC-2020 has increased. The priority taxa to accomplish the objectives of GSPC-2020 are rare and endemic plants. In particular, endemic plants with limited distribution in specific regions are evaluated to face a high risk of extinction. To address the necessity to preserve endemic plants, we investigated the distribution of Prunus choreiana H. T. Im, a Korean endemic plant. After that, we examined the vegetational environment of the habitat of P. choreiana and evaluated its population structure. The productivity of its fruits and the effects of pollinators on fruit production were evaluated as well. The fruiting ratio was calculated based on the number of flowers produced. Lastly, we observed the annual growth characteristics of P. choreiana. The habitats of P. choreiana did not show a specific type of vegetation. All of them were located in a limestone area of Gangwon-do in the central Korean Peninsula and occupied a site where the coverage of the tree layer and the sub-tree layer was not high or did not exist. The population structure of P. choreiana contained a high proportion of mature plants capable of producing fruits and a low proportion of seedlings and Juvenile plants. We found that the production of fruits required pollinators and was affected by the performance of each plant. Although P. choreiana produces many flowers, only a maximum of 20% and only 2-6% on average bear fruits. These flowering characteristics may be due to pollinators' low abundance and activity during the flowering season (between mid-March and early April), suggesting that many flowers are needed to attract more pollinators. We rarely observed the re-establishment of seedlings in the population of P. choreiana. Despite that, we predict the population to persist owing to its long lifespan and periodic production of numerous fruits. However, if the tree layer and sub-tree layer in competing status with P. choreiana increase their crown density, they are expected to inhibit the growth of P. choreiana and affect the risk of its extinction. Therefore, the current changes in the vegetational environment of the habitats are expected to decrease the number and extent of P. choreiana in the long term. The results of this study may serve as primary and important data necessary for the achievement of GSPC-2020 objectives.

An Exploratory Study on the Barriers of Greenhouse Gas (GHG) Reduction Policy in the Agricultural Sector through Semi-Structured Interviews (반구조화 인터뷰를 통한 농업부문 온실가스 감축정책의 방해 요인에 관한 탐색적 연구)

  • Sung Eun Sally Oh;Yun Yeong Choi;Hyunji Lee;Jihun Paek;Brian Hong Sok Kim
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.25 no.1
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    • pp.1-16
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    • 2023
  • As the Intergovernmental Panel on Climate Change (IPCC) emphasized the transition to a carbon-neutral society globally by 205 0, major countries such as Korea, Japan, and Europe declared carbon-neutral goals. The agricultural sector is a carbon-absorbing sector, and its importance has increased as the General Assembly of the Parties to the Climate Change Convention (COP 26) held in the UK in November 2021 emphasized the role of agriculture to discuss climate change. However, GHG reduction projects in the agricultural sector are not properly monitored considering the domestic situation, and a system for quantitative evaluation of the effectiveness or basis of implementing the project program is not in place. Therefore, a priori study is needed to understand the current status of existing policies and to review matters that need to be improved in order to facilitate policy design, implementation, and monitoring for GHG reduction in the agricultural sector. The purpose of this study is to examine the opinions of stakeholders by applying a semi-structured interview method to diagnose the current status of Korea's GHG reduction policy in the agricultural sector and identify factors that hinder policy implementation. As a result of the semi-structured interview, this study presented factors that hinder the promotion of GHG reduction policies in the agricultural sector according to four types of data and technology, finance, institutions, and perceptions. Some stakeholders also stressed that the pilot project could be helpful as a way to comprehensively consider the implications of this study, such as securing technology data, establishing a system for verifying effectiveness, and providing incentives and promoting them. Rather than drawing specific conclusions, this study is an exploratory study that diagnoses and reviews the progress of GHG reduction policies, and it can be used as useful basic data if it secures enough interview respondents and balances the number of samples by group.

EU's Space Code of Conduct: Right Step Forward (EU의 우주행동강령의 의미와 평가)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.211-241
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    • 2012
  • The Draft International Code of Conduct for Outer Space Activities officially proposed by the European Union on the occasion of the 55th Session of the United Nations Peaceful Uses of the Outer Space last June 2012 in Vienna, Austria is to fill the lacunae of the relevant norms to be applied to the human activities in the outer space and thus has the merit our attention. The missing elements of the norms span from the prohibition of an arms race, safety and security of the space objects including the measures to reduce the space debris to the exchange of information of space activities among space-faring nations. The EU's initiatives, when implemented, cover or will eventually prepare for the forum to deal with such issues of interests of the international community. The EU's initiatives begun at the end of 2008 included the unofficial contacts with major space powers including in particular the USA of which position is believed to have been reflected in the Draft with the aim to have it adopted in 2013. Although the Code is made up of soft law rather than hard law for the subscribing countries, the USA seems to be afraid of the eventuality whereby its strategic advantages in the outer space will be affected by the prohibiting norms, possibly to be pursued by the Code from its current non-binding character, of placing weapons in the outer space. It is with this trepidation that the USA has been opposing to the adoption of the United Nations Assembly Resolutions on the prevention of an arms race in the outer space (PAROS) and in the same context to the setting-up of a working group on the arms race in the outer space in the frame of the Conference on Disarmament. China and Russia who together put forward a draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects (PPWT) in 2008 would not feel comfortable either because the EU initiatives will steal the lime light. Consequently their reactions are understandably passive towards the Draft Code while the reaction of the USA to the PPWT was a clear cut "No". With the above background, the future of the EU Code is uncertain. Nevertheless, the purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security, all to maximize the principle of the peaceful use and exploration of the outer space is the laudable efforts on the part of EU. When the detailed negotiations will be held, some problems including the cost to be incurred by setting up an office for the clerical works could be discussed for both efficient and economic mechanism. For example, the new clerical works envisaged in the Draft Code could be discharged by the current UN OOSA (Office for Outer Space Affairs) with minimal additional resources. The EU's initiatives are another meaningful contribution following one due to it in adopting the Kyoto Protocol of 1997 to the UNFCCC (UN Framework Convention on the Climate Change) and deserve the praise from the thoughtful international community.

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An Examination into the Illegal Trade of Cultural Properties (문화재(文化財)의 국제적 불법 거래(不法 去來)에 관한 고찰)

  • Cho, Boo-Keun
    • Korean Journal of Heritage: History & Science
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    • v.37
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    • pp.371-405
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    • 2004
  • International circulation of cultural assets involves numerous countries thereby making an approach based on international law essential to resolving this problem. Since the end of the $2^{nd}$ World War, as the value of cultural assets evolved from material value to moral and ethical values, with emphasis on establishing national identities, newly independent nations and former colonial states took issue with ownership of cultural assets which led to the need for international cooperation and statutory provisions for the return of cultural assets. UNESCO's 1954 "Convention for the Protection of Cultural Property in the Event of Armed Conflict" as preparatory measures for the protection of cultural assets, the 1970 "Convention on the Means of Prohibiting and Preventing the Illicit Import and Transfer of Ownership of Cultural Property" to regulate transfer of cultural assets, and the 1995 "Unidroit Convention on Stolen or Illegally Exported Cultural Objects" which required the return of illegally acquired cultural property are examples of international agreements established on illegal transfers of cultural assets. In addition, the UN agency UNESCO established the Division of Cultural Heritage to oversee cultural assets related matters, and the UN since its 1973 resolution 3187, has continued to demonstrate interest in protection of cultural assets. The resolution 3187 affirms the return of cultural assets to the country of origin, advises on preventing illegal transfers of works of art and cultural assets, advises cataloguing cultural assets within the respective countries and, conclusively, recommends becoming a member of UNESCO, composing a forum for international cooperation. Differences in defining cultural assets pose a limitation on international agreements. While the 1954 Convention states that cultural assets are not limited to movable property and includes immovable property, the 1970 Convention's objective of 'Prohibiting and preventing the illicit import, export and transfer of ownership of cultural property' effectively limits the subject to tangible movable cultural property. The 1995 Convention also has tangible movable cultural property as its subject. On this point, the two conventions demonstrate distinction from the 1954 Convention and the 1972 Convention that focuses on immovable cultural property and natural property. The disparity in defining cultural property is due to the object and purpose of the convention and does not reflect an inherent divergence. In the case of Korea, beginning with the 1866 French invasion, 36 years of Japanese colonial rule, military rule and period of economic development caused outflow of numerous cultural assets to foreign countries. Of course, it is neither possible nor necessary to have all of these cultural properties returned, but among those that have significant value in establishing cultural and historical identity or those that have been taken symbolically as a demonstration of occupational rule can cause issues in their return. In these cases, the 1954 Convention and the ratification of the first legislation must be actively considered. In the return of cultural property, if the illicit acquisition is the core issue, it is a simple matter of following the international accords, while if it rises to the level of diplomatic discussions, it will become a political issue. In that case, the country requesting the return must convince the counterpart country. Realizing a response to the earnest need for preventing illicit trading of cultural assets will require extensive national and civic societal efforts in the East Asian area to overcome its current deficiencies. The most effective way to prevent illicit trading of cultural property is rapid circulation of information between Interpol member countries, which will require development of an internet based communication system as well as more effective deployment of legislation to prevent trading of illicitly acquired cultural property, subscription to international conventions and cataloguing collections.

The History of the Development of Meteorological Related Organizations with the 60th Anniversary of the Korean Meteorological Society - Universities, Korea Meteorological Administration, ROK Air Force Weather Group, and Korea Meteorological Industry Association - (60주년 (사)한국기상학회와 함께한 유관기관의 발전사 - 대학, 기상청, 공군기상단, 한국기상산업협회 -)

  • Jae-Cheol Nam;Myoung-Seok Suh;Eun-Jeong Lee;Jae-Don Hwang;Jun-Young Kwak;Seong-Hyen Ryu;Seung Jun Oh
    • Atmosphere
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    • v.33 no.2
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    • pp.275-295
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    • 2023
  • In Korea, there are four institutions related to atmospheric science: the university's atmospheric science-related department, the Korea Meteorological Administration (KMA), the ROK Air Force Weather Group, and the Meteorological Industry Association. These four institutions have developed while maintaining a deep cooperative relationship with the Korea Meteorological Society (KMS) for the past 60 years. At the university, 6,986 bachelors, 1,595 masters, and 505 doctors, who are experts in meteorology and climate, have been accredited by 2022 at 7 universities related to atmospheric science. The KMA is carrying out national meteorological tasks to protect people's lives and property and foster the meteorological industry. The ROK Air Force Weather Group is in charge of military meteorological work, and is building an artificial intelligence and space weather support system through cooperation with universities, the KMA, and the KMS. Although the Meteorological Industry Association has a short history, its members, sales, and the number of employees are steadily increasing. The KMS greatly contributed to raising the national meteorological service to the level of advanced countries by supporting the development of universities, the KMA, the Air Force Meteorological Agency, and the Meteorological Industry Association.

A Study on the Meaning of Outer Space Treaty in International Law (우주조약의 국제법적 의미에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.223-258
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    • 2013
  • 1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

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