International Law on the Flight over the High Seas (공해의 상공비행에 관한 국제법)
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- The Korean Journal of Air & Space Law and Policy
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- v.26 no.1
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- pp.3-30
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- 2011
According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.
This paper examines the relationship between celadon wine vessels and royal banquets by focusing on their unique forms. It explores the symbolism in their forms and designs and the changes that took place in the composition of these vessels. By examining the royal annals in Goryeosa (The History of the Goryeo Dynasty), the relation of celadon wine vessels and royal banquets is examined in terms of the number of banquets held in the respective reigns of the Goryeo kings, the number of banquets held by type, and the purpose of holding them. A royal banquet was a means of strengthening the royal authority by reinforcing the hierarchy and building bonds between the king and his vassals. It was also an act of ruling that demonstrated the king's authority and power through praise of his achievements and virtues. Royal banquets were held most often during the reigns of King Yejong (r. 1105-1122), King Uijong (r. 1146-1170), King Chungnyeol (r. 1274-1308), and King Gongmin (r. 1351-1374). Particular attention is paid here to the changes in the types and forms of celadon wine vessels that occurred starting in the reigns of King Yejong and King Chungnyeol, which is also the period in which the number of royal banquets increased and royal banquet culture evolved. The king and his subjects prayed for the king's longevity at royal banquets and celebrated peaceful reigns by drinking and performing various related acts. Thus, the visual symbolism of vessels for holding, pouring, or receiving alcohol were emphasized. Since the manner of drinking at a banquet was exchanges of pouring and receiving alcohol between the king and his subjects, the design of the ewers and cups had a significant visual impact on attendees. It can be seen, therefore, that decorating wine vessels with Daoist motifs such as the immortals, luan (a mythological bird), turtle dragons, fish dragons, and gourd bottles or with Confucian designs like hibiscus roots was intended as a visual manifestation of the purpose of royal banquets, which was to celebrate the king and to pray for both loyalty and immortality. In particular, the Peach Offering Dance (獻仙桃) and Music for Returning to the Royal Palace (還宮樂), which correspond to the form and design of celadon wine vessels, was examined. The lyrics of the banquet music embodied wishes for the king's longevity, immortality, and eternal youth as well as for the prosperity of the royal court and a peaceful reign. These words are reflected in wine vessels such as the Celadon Taoist Figure-shaped Pitcher housed in the National Museum of Korea and the Bird Shaped Ewer with Daoist Priest in the Art Institute of Chicago. It is important to note that only Goryeo celadon wine vessels reflect this facet of royal banquet culture in their shape and design. The composition of wine vessel sets changed depending on the theme of the banquet and the types of liquor. After Goryeo Korea was incorporated into the Mongol Empire, new alcoholic beverages were introduced, resulting in changes in banquet culture such as the uses and composition of wine vessel sets. From the reign of King Chungnyeol (r. 1274-1308), which was under the authority of the Yuan imperial court, royal banquets began to be co-hosted by kings and princesses, Mongolian-style banquets like boerzhayan (孛兒扎宴) were held, and attendees donned the tall headdress called gugu worn by Mongol women. During the reign of King Chungnyeol, the banquet culture changed 132 banquets were held. This implies that the court tried to strengthen its authority by royal marriage with the Yuan court, which augmented the number of banquets. At these banquets, new alcoholic drinks were introduced such as grape wine, dongnak (湩酪), and distilled liquor. New wine vessels included stem cups, pear-shaped bottles (yuhuchunping), yi (匜), and cups with a dragon head. The new celadon wine vessels were all modeled after metal wares that were used in the Yuan court or in the Khanates. The changes in the celadon wine vessels of the late Goryeo era were examined here in a more specific manner than in previous studies by expanding the samples for the study to the Eurasian khanates. With the influx of new types of wine vessels, it was natural for the sets and uses of Goryeo celadon wine vessels to change in response. The new styles of celadon wine vessels linked the Goryeo court with the distant Khanates of the Mongol Empire. This paper is the beginning of a new study that examines the uses of Goryeo celadon by illuminating the relations between royal banquets and these unique celadon wine vessels that are stylistically different from everyday vessels. It is to be hoped that more studies will be conducted from diverse perspectives exploring both the usage of Goryeo celadon vessels and their users.