• Title/Summary/Keyword: Air Rights Development

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Evolution of Skyscraper Block Typology Affected by Air Rights Development: A Case Study of Manhattan

  • Chao Weng;Yu Zhuang
    • International Journal of High-Rise Buildings
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    • v.12 no.1
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    • pp.19-33
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    • 2023
  • Air Rights techniques, including floor-area ratio (FAR) transfers, FAR bonuses, and FAR storage, have been widely applied among skyscraper constructions in New York City for profit maximization goals. Since 1916, air rights regulations in New York zoning system have been revised and improved over the years to cater the urban development needs of different periods, and they also result in typical skyscraper block typologies. This research firstly performed spatial overlay analysis to reveal the spatial correlation between skyscraper blocks and air rights application blocks; secondly, Spacematrix parameters and cluster analysis are applied to divide the skyscraper urban block of New York City into four categories. Compared with air rights application data, the research attempts to illustrate how various air rights techniques have acted on the formation and evolution of skyscraper block typologies in the pre-1916, 1916-1961, 1961-2010, and 2010-present periods respectively, in order to reveal the relationship between public policies and urban morphology in a broader sense and also provide references for policy making in future.

Current Issues & Prospects of International Space Law

  • Zwaan, Tanja Masson
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.237-259
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    • 2010
  • This paper first gives a brief overview of the history of space law making in the international geopolitical context and recalls some of the main principles as elaborated in the framework of the United Nations. Next, several topics are discussed that will require the attention of space lawyers in the near future. They are the International Space Station, space debris, exploitation of space resources, space tourism, private property rights in space, and militarization and weaponization of space. The paper raises some questions in each of these areas that need to be addressed and concludes that the general legal framework for space activities under public international law as contained in the UN treaties is in place, and is sufficiently general and flexible to enable and encourage states to carry out space activities in an orderly manner. However, as demonstrated by the examples discussed in the paper, the time has come for the international community to agree on the further development of these general principles, starting perhaps with space debris, imminent 'new' uses of space such as space tourism, or some of the 'age old' issues such as the weaponisation of outer space that will continue to require our attention and vigilance. Whether such rules can be in the form of non binding guidelines, codes of conduct and the like, or should be embodied in solid legal instruments creating rights and obligations remains to be seen.

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Research on the Environmental Issues in China's Sustainable Economic Development

  • Zhao, Yue
    • The Journal of Industrial Distribution & Business
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    • v.7 no.1
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    • pp.15-17
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    • 2016
  • Purpose - During the past twenty years, China has developed rapidly in economy. Meanwhile China's economic development has brought great many problems. Sustainable development is to achieve coordination in the ecological, economic and social aspects. Among them, the environment and resource issues are the most critical issues which affecting sustainable development in China. With China's rapid economic development, China's ecological environment is facing the most serious threat in water pollution, air pollution, solid waste pollution and the destruction of forests and biodiversity, resulting in a significant loss of the national economy. This research aims to examine whether the tragedy of the commons has hindered the sustainable development of China's economy or not. On the other hand, we try to analyze a solution to improve this situation. Research design, data, and methodology - Theoretical background study, finding optimization models, and data analysis. Results - In the case of a clear definition of property rights, the air will have a market price. The market price will coordinate pollutant emissions. Conclusions - The tragedy of commons has hindered the sustainable development. The model of China's Economic development should be changed.

Biteralism vs. Multilateralism in International Aviation Order : Historical & Analytic Aspects, and Korean Responses (국제항공질서(國際航空秩序)에 있어서의 양자간(兩者間) 협정체제(協定體制) 대(對) 다자간(多者間) 협정체제(協定體制) -역사적(歷史的).분석적(分析的) 시각(視角) 및 한국(韓國)의 대응(對應)-)

  • Kim, Jong-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.139-154
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    • 1992
  • The Chicago-Bermuda system has been charaterizing international aviation order sine 1940's. Bilateralism was established as 'the' way of nogotiation in exchange of traffic rights among nations thanks to the system. The system was stable until new phenomena came into the scene. The orderly development of international aviation began to be threatened by a series of technological and commercial breakthroughs in the late 60's and 70's. Also, in the field of international aviation, aspiration of the newemerging third world countries was hightened and the emergence of an unified Europe was added to it. These caused worries on bilateralism as an efficient means of negotiation. New waves of multilateral(reginal or international) approaches have been conducted. Its formal discussion is accelerated by vigorous talk on multilateral liberalization of international trade in commodities and services, i.e., the Urguay Round. In this paper, we examine historical development of bilateralism and multilateralism in a perspective of political economy; changes in the international aviation industry, merits and demerits of the two regimes on competitiveness of negotiating partners. The ways Korea can respond to new changes are presented and compared and a tentative stance she can take is proposed.

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Application Plan of U.S Aviation Profiling for Prevention of Air Terrorism in Korea (항공테러 예방을 위한 미국 항공프로파일링 기법의 국내 활용방안)

  • Yang, Seung-Don;Yang, Young-Mo
    • Korean Security Journal
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    • no.38
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    • pp.33-56
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    • 2014
  • This study is aim to make use of prevention of air terrorism and strengthen of air security in Korea. To achieve it. searching main feature in U.S aviation profiling. Aviation profiling in U.S used to Secure Flight, Screening Passengers by Observation Technique, Registered Travel Program. Through U.S Aviation Profiling, Prevention of air terrorism in Korea are as in the following. First, Through U.S Aviation Profiling, Information of terrorism constructed in advance and unification of constructed information. Second, Identifiying that institution exclusively for prevention of air terrorism. Third, Identifiying that human rights and privacy invasion to a minimun plan anout U.S aviation profiling. Finally, Identifiying that the spread of research development for prevention of air terrorism and strengthen of air security in Korea.

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A legal regime to govern the exploitation of the natural resources of the Moon and other celestial bodies

  • Tronchetti, Fabio
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.131-168
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    • 2008
  • The exploitation of the natural resources of the Moon and other celestial bodies represents one of the most exiting future developments in the field of space law as well as a unique occasion for the economic and social growth of mankind as a whole. The large number of benefits that are expected to be generated from the exploitation of these resources, indeed, not only will contribute to the betterment of conditions of people on Earth but also will allow mankind to face and likely solve one of the biggest problems currently affecting our planet, namely the exhaustion of the stocks of raw materials and other source of energy, such as fossil fuels. The exploitation of the natural resources of the Moon and other celestial bodies, however, has been prevented so far by the absence of dedicated space law rules allowing its orderly and peaceful development and clarifying the rights and duties of the parties involved in it. Due to the uncertainty generated by the absence of these rules, indeed, States as well as private operators have refrained from investing in the exploitation of space resources so far. The time to change this situation and to allow the exploitation of extraterrestrial resources to begin has finally come. This paper aims at fulfilling this purpose by proposing a legal regime containing specific and detailed rules to regulate the exploitation of the natural resources of the Moon and other celestial bodies.

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A legal regime to govern the exploitation of the natural resources of the Moon and other celestial bodies

  • Tronchetti, Fabio
    • 한국항공우주법학회:학술대회논문집
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    • 2008.05a
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    • pp.185-215
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    • 2008
  • The exploitation of the natural resources of the Moon and other celestial bodies represents one of the most exiting future developments in the field of space law as well as a unique occasion for the economic and social growth of mankind as a whole. The large number of benefits that are expected to be generated from the exploitation of these resources, indeed, not only will contribute to the betterment of conditions of people on Earth but also will allow mankind to face and likely solve one of the biggest problems currently affecting our planet, namely the exhaustion of the stocks of raw materials and other source of energy, such as fossil fuels. The exploitation of the natural resources of the Moon and other celestial bodies, however, has been prevented so far by the absence of dedicated space law rules allowing its orderly and peaceful development and clarifying the rights and duties of the parties involved in it. Due to the uncertainty generated by the absence of these rules, indeed, States as well as private operators have refrained from investing in the exploitation of space resources so far. The time to change this situation and to allow the exploitation of extraterrestrial resources to begin has finally come. This paper aims at fulfilling this purpose by proposing a legal regime containing specific and detailed rules to regulate the exploitation of the natural resources of the Moon and other celestial bodies.

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Contents and Issues of the Draft Legislation of Part VI the Carriage by Air of Korean Commercial Code in Respect of the Carriage of Cargo by Air (항공화물운송에 관한 상법 항공운송편 제정안의 내용 및 쟁점)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.201-238
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    • 2009
  • The purpose of this paper is to describe the contents and issues of the draft legislation of Part VI the Carriage by Air of Korean Commercial Code in respect of the domestic carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999 for the unification of certain rules for international carriage by air and the related provisions of Korean Commercial Code in respect of the carriage by land and sea. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by Air are composed of the provisions in respect of the liability of the carrier, the rights of the consignor and consignee, the transport document and others. In respect of the carriage of cargo by air, the issues on the draft legislation of Part VI the Carriage by Air are the problems with respect to the extinguishment of the liability of the carrier, the application for the non-contractual claim, the liability limit of the servants or agents of the carrier, the right of disposition of cargo, the effect of breach of the provision in respect of the air transport document, the prescription of claim of the carrier, the immunity reasons from liability of the carrier for the loss or damage of the cargo, the making out of the air waybill, and the effect of the statement of the air transport document. In conclusion, the national legislation of Part VI the Carriage by Air of the Korean Commercial Code will protect the right and interest of the consignor and consignee, and clarify the right and duty of the parties to the air transport. Also it will contribute to the development of the air transport industry in Korea.

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A Case Study of the Convergence Capstone Design Education by Connecting Intellectual Property Rights for Airline Service Department (지식재산권을 연계한 항공서비스학과 융합 캡스톤디자인 교육 사례 연구)

  • Park, Hyun-A
    • Journal of the Korea Convergence Society
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    • v.10 no.9
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    • pp.127-132
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    • 2019
  • This study is an example of the registration of intellectual property rights by applying capstone design to airline service. To relieve the inconvenience of the 'Paper Cage' that is on sale in the airlines, the team create 'Foldable Inflight Pet Cage' for the convenience of passengers accompanying their pets. This allowed not only pets but also passengers on board to make comfortable and safe air travel. Through collaboration with aviation experts and pet cages production experts, the team produced foldable cages that were not previously available. For verification of products, preliminary survey was conducted to enable the commercialization of foldable cage. The project period was 15 weeks, and the participants consisted of 18 students, 1 professor, and 4 industry experts. This study shows Capstone Design can also be applied in airline service and be a valuable research on the necessity of industry-academic links and practical-oriented education.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.53-75
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    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

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