• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.127-145
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• 2011

European Union unilaterally included the emissions from aviation activities into EU ETS on 19 November 2008 by amending Directive 2003/87/EC. According to the Directive all the emissions(mainly against the CO2) from aviation activities shall be subject to the regulation of EU ETS from 2012. For the period from 1 January 2012 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 97% of the historical aviation emission s. From 1 January 2013, the allowances will be reduced to 95%. The allocation of allowances which may be applied by each operator with free of charge will be reduced from 85% to 82% from 1 January 2012 to 1 January 2013. Since the Directive will affect every country's airline industry more or less, the nations and international organizations respond variously. The controversial focus is that whether EU has the right to unilaterally include the emissions from international aviation activities into EU ETS. This article firstly analyzes the effect caused by EU ETS to China's airline industry, and then studies the legality of the action of EU subject to current positive international law, and finally draws the conclusion that EU enjoys no such right to unilaterally include the emissions from international aviation activities.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.113-137
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• 2010

The international community has done a lot of effort to improve the aviation safety. The new high technologies, systems and development of navigation equipments considerably improved the level of aviation safety. However, the aviation accident rate has been showing unchanged status without the decline since 1980. It means it is difficult to secure enough safety by the existing efforts to improve the aviation safety, eventually needs new methods for the accident prevention. With this in mind, the nations interest new methods that can consider a countermeasure by realizing potential risk factors before fatal accidents. In other words, that is to analyze and share the safety information collected from accidents by establishing aviation safety information system. To establish international aviation safety information system, each country's aviation accident incident reporting systems are need to be established. Also aviation safety data taxonomy is need to be standardized. Then, aviation users will communicate the information efficiently. This study investigates and considers each country's aviation accident incident database taxonomy for the analysis of the aviation data and the necessary prevention activity. This will contribute to a better international aviation safety and strengthen the country's aviation diplomacy.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.22 no.1
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• pp.51-64
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• 2014

According to the prediction of Aviation Industry Corporation of China, in the next 20 years, China will have an increase of 4,583 civilian airliners, including 3,682 jumbo jets and 901 regional aircrafts. Chinese commercial aviation aircraft market will undoubtedly grow rapidly. until the year 2030, China's share of the global aircraft fleet will increase from 9% to 15%. In addition, the business jet market has a huge growing room in the global industry, the deliveries will reach 10,000 units in the next 10 years, and the Chinese market deliveries will reach 23,600 in the next 20 years. China's aviation market, is and will be enormous in the future. It is one of the main engines of economic growth in the field. China's civil aviation transportation is based on dazzling economic development. Air transport is the fastest growing power for the time being. China's aviation sector will have an average annual gross of about 10%, and more likely to continued growing and it is expected to be world's major aviation market around the world. As the result, since one of future the important industries will be emerged, Air policy enforcement and considering the reality of our future prospects for the airline industry presented.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.55-89
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• 2003

What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.145-181
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• 2013

General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

• The Korean Journal of Air & Space Law and Policy
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• v.13
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• pp.207-230
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• 2001

• The Korean Journal of Air & Space Law and Policy
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• v.15
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• pp.9-34
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• 2002

• Journal of the Korean Society for Aviation and Aeronautics
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• v.14 no.2
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• pp.56-70
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• 2006

Since the 90's, the world's aerospace industry have been experienced the era of radical changes. We make a comparative study about the 10 countries government policies and corporate strategies changes in this era. In this study, we figure out aerospace industry's evolutional patterns and factors through evolutionary perspective, and then, proposed development strategies and implications for Korea's aerospace industry.

• The Korean Journal of Air & Space Law and Policy
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• v.16
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• pp.65-74
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• 2002

The Japanese Aviation Accident Investigation Board has two faces. While the surface of the Board is a one of the very accident investigation organ, its shadow face is a one of the very expert witness drawing up a requested written opinion for the sake of the criminal investigation of the Police under the two secret inter-ministerial accords. This Paper proposes that some evidence obtained by investigation ought to be protected for disclosure and use by privilege derived from on of our most basic legal principles: "Nemo debet se-ipsem accusare-no one is required to incriminate oneself-".

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.129-153
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• 2017

Fair Competition policy in aviation field has been discussed since open skies policy began in 1970s. This issue has been also the main topic in the ICAO's Worldwide Air Transport Conference, the Air Transport Symposium, etc. ICAO defines competition as the existent or potential rivalry between two or more operators, carriers or groups, striving for advantages in the same market based on different prices, qualities and services. In a broader sense, the definition includes more various meanings; reasonable, fair, effective, and unrestricted competitions. Nowadays, competition laws and regulations to air transportation have been applied more frequently and the issues varies from antitrust immunity, mergers and alliances, abuse of dominant positions, capacity dumping and predatory pricing, sales and marketing, to airport charges and fees, state aid and loan guarantees. Now, the competition among the airlines or nations in aviation industry is changing to cooperation level. A lot of airlines try to survive by various cooperation methods. Therefore the policy of Korean aviation industry should be developed, taking so-called "the viewpoint of national aviation industry ecosystem" into consideration and Korean government should prepare a policy of fair competition to cope with it. First, in the process of open skies policy with neighboring countries such as China, Japan and the Middle East, it is necessary to apply the fair competition act and prepare laws and regulations to implement it. Second, the standards of effective ownership and control of air transportation business should be reviewed. Third, in preparation for aviation agreements and liberalization, the Korean aviation industry needs to study and review competition and cooperation issues through the analysis of strict aviation market structure for airlines and airport operations. Fourth, it is necessary to create a fair air transportation environment for the development of air transportation and competitiveness through preemptive policies such as the approval of mergers, acquisitions, JV and the ripple effects analysis.