• Journal of Navigation and Port Research
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• v.35 no.5
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• pp.371-380
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• 2011

Traditionally, UNCLOS stipulates that States have the obligation and responsibility to protect and preserve the marine environment and exercise their rights in Principle of Non-Discrimination with respect to foreign ships visiting to port states. UNFCCC and Kyoto protocol established Common but Differentiated Responsibility as the basis which is established on the historic responsibility. The principle in which IMO is presently developing the regulations of Green House Gas emitted from ships is contradict with the principle of UNFCCC regime. In this paper, the development and the principle of UNFCCC and Kyoto protocol is surveyed and it provides the tendency of the IMO activities regarding GHG emission from ships. Also, through consideration of the problems and restrictions drawn from comparison between two principles, the conclusion suggests the fundamental theory and implementation means in order to carry out the purpose of IMO regulations in accordance with the principles of UNCLOS and IMO Convention.

• Proceedings of the Plant Resources Society of Korea Conference
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• 2022.09a
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• pp.4-4
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• 2022

앞으로 10년간 세계의 생물다양성 보전을 위한 유엔 생물다양성협약 당사국 총회가 2022년 12월 캐나다 몬트리올에서 열린다. 전 세계 전문가와 정책입안자들이 여러 내용을 다루지만 그중에서도 염기서열 정보에 관한 내용을 집중적으로 소개한다. 우선 생물다양성협약에서의 이익공유에 관한 내용은 북아시아 원산인 콩을 현재 대량으로 재배하고 수확하고 있는 미국, 브라질 등의 사례를 선별하여 소개한다. 이어서 생물다양성협약 체결 전후의 생물자원에 대한 인식 변화로 인해 국제적으로 합의한 나고야 의정서의 주요 핵심 내용을 발표한다. 그러나, 최근의 합성생물학은 유전정보만을 가지고 설계자의 의도대로 실물 생물자원 없이 새로운 생물과 원하는 물질을 합성할 수 있기에 국제적으로 마찰이 발생하고 있다. 유전공학과 합성생물학에서 가장 기본적으로 이용하고 있는 유전정보를 생물다양성협약에서는 어떻게 정의하고 있는지, 그리고 이익을 어떻게 공유하는지 알아본다. 생물자원 이용 국가들은 유전정보는 물리적인 실체가 없기에 이익공유대상이 아님을 주장하면서 유전정보는 원하는 누구에게나 이용되어야 한다고 보고 있다. 반면 생물자원 풍부국 입장은 생명과학기술 발전으로 인해 원산지 국가의 허가 없이 생물 유전정보를 활용하는 것은 생물 주권의 침해로 보고 있으며, 유전정보를 실물 생물자원과 동일하게 취급하여 나고야 의정서상의 이익공유를 요구하고 있다. 유전정보에 대한 대한민국의 공식적인 입장과 제 14차 협약 총회에서 합의한 결정문을 소개한다. 또한, 2019년 생물다양성과학기구(IPBES)에서 지구의 생물다양성과 생태계를 평가한 보고서에서 생물 멸종의 위협요인으로 제시된 토지이용 변화, 남획, 기후변화, 오염, 외래종에 대한 문제점을 기반으로 작성된 post-2020 생물다양성협약 10개년 실행 목표를 알아보고 2022년 12월 개최하는 제15차 당사국총회의 주요 의제에 대한 전망과 최근 문제가 되고 있는 '공동의 그러나 차별적인 책임(CBDR, Common But Differentiated Responsibility)'의 개념을 소개한다.

• Journal of the Korean Society of Marine Environment & Safety
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• v.12 no.4 s.27
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• pp.293-300
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• 2006

Domestic laws such as Korea Marine Pollution Prevention Law (KMPPL) which has been mae and amended according to the conclusions and amendments of various international conventions for the prevention a marine pollution such as MARPOL 73/78 were reviewed and compared with the major contents of the relevant international conventions. Alternative measures for legislating new laws or amending existing laws such as KMPPL for the acceptance of major contents of existing international conventions were proposed. Annex VI of MARPOL 73/78 into which the regulations for the prevention of air pollution from ship have been adopted has been recently accepted in KMPPL which should be applied to ships which are the moving sources of air pollution at sea rather tlnn in Korea Air Environment Conservation Law which should be applied to automobiles and industrial installations in land. The major contents of LC 72/95 have been accepted in KMPPL However, a few of substances requiring special care in Annex II of 72LC, a few of items in characteristics and composition for the matter in relation to criteria governing the issue of permits for the dumping of matter at sea in Annex III of 72LC, and a few of items in wastes or other matter that may be considered for dumping in Annex I of 96 Protocol have not been accepted in KMPPL yet. The major contents of OPRC 90 have been accepted in KMPPL. However, oil pollution emergency plans for sea ports and oil handling facilities, and national contingency plan for preparedness and response have not been accepted in KMPPL yet. The waste oil related articles if Basel Convention, which shall regulate and prohibit transboundary movement of hazardous waste, should be accepted in KMPPL in order to prevent the transfer if scrap-purpose tanker ships containing oil/water mixtures and chemicals remained on beard from advanced countries to developing and/or underdeveloped countries. International Convention for the Control if Harmful Anti-Fouling Systems on the Ships should be accepted in KMPPL rather tlnn in Korea Noxious Chemicals Management Law. International Convention for Ship's Ballast Water/Sediment Management should be accepted in KMPPL or by a new law in order to prevent domestic marine ecosystem and costal environment from the invasion of harmful exotic species through the discharge of ship's ballast water.

• 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 Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.205-236
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• 2010

This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

• Pallet News
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• s.50
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• pp.24-30
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• 2008

본 원고는 현재 시행되고 있는 플라스틱 폐기물 회수 자발적 협약의 이해와 도모를 위하여 한국환경자원공사 폐기물부담금실에서 제공해 주셨습니다.

• Korea Petroleum Association Journal
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• no.5 s.159
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• pp.42-48
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• 1994

• Korea Petroleum Association Journal
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• no.5 s.159
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• pp.49-54
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• 1994

• Proceedings of the Korean Labor Economic Association Conference
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• 1999.04a
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• pp.1-14
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• 1999

• 전기산업
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• v.8 no.6
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• pp.50-54
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• 1997