• Journal of Arbitration Studies
• /
• v.27 no.1
• /
• pp.131-160
• /
• 2017

When any investment dispute arises, the investor has to exhaust the local remedies available in the host state, and according to the agreement between the parties, the investor is filed to the ICSID arbitral tribunal to seek arbitral awards. At this time, if the arbitral tribunal decides that the investment agreement has been violated, it normally demands the host state to provide financial compensations to the investor for economic loss. According to the rules of the investment agreement, the host state is supposed to fulfill the arbitral awards voluntarily. If it is unwilling to provide financial compensations according to the arbitral awards, however, the investor may ask the domestic court of the host state for the recognition and enforcement of arbitral awards. In addition, if the host state is unwilling to fulfill arbitral awards on account of state immunity, the investor may ask his own country (state of nationality) for diplomatic protection and urge it to demand the fulfillment of arbitral awards. Effectiveness for pecuniary damages, a means to solve problems arising in the enforcement of investment arbitral awards, is found to be rather ineffective. For such cases, this study suggests an alternative to demand either a restitution of property or a corrections of violated measures subject to arbitral awards.

• Strategy21
• /
• s.32
• /
• pp.97-122
• /
• 2013

The basic stance of the Republic of Korea Ministry of Foreign Affairs was 'quiet diplomacy'. However, there had been demands for specific plans for practical protection of Dokdo. In 2011, Prime Minister Kim Hwang Sik mentioned that they are reviewing measures of stationing marines on Dokdo, while on August 10th, 2012, former president Lee Myung Bak visited Dokdo. The visit itself was meaningful as he was the first supreme commander to visit Dokdo. This paper studies on the necessity of naval power on Dokdo to maintain its effective control. The effective control must be done by a national organization in a peaceful and unimpaired method. If so, can stationing naval power, whether directly or indirectly, on Dokdo be considered a violation of 'peaceful' method? A 'peaceful' effective of control meas the right of sovereignty over a territory without other country's protest. In such terms, protecting a territory falls under practicing the right of sovereignty, and therefore does not violate 'peaceful'. In addition, looking at international cases such as Ligitan/Sipadan Case and Pedra Blanca Case, evidences such as 'navy activity', 'flyng ensign', and 'military communication facility installation' was used. In ter case of Yemen-Eritrea dispute over Hanish, methods on effective control over island and sea was also ruled by the installation of military posts and military surveillance activities. Thus, stationing naval power on Dokdo can be a way of maintaining effective control per international law. To station naval poer on Dokdo, Presidential Instruction 24 integrated Defense Guideline Enforcement Ordinance, which is domestic law, must be revised. Reason being, the Enforcement Ordinance states that the navy area of responsibility excluded Ullundo, where Dokdo is under jurisdiction of Ullungdim thus excluding navy control. In addition, considering the diplomatic situation, it is more fut to install navy radar site on Dokdo rather than 'stationing marines'. In other words, enforcing surveillance in the vicinity of Dokdo and installing radar site instead of stationing direct combatants is one way of practicing effective control without stimulating diplomatic disputes.

• Current Industrial and Technological Trends in Aerospace
• /
• v.6 no.1
• /
• pp.99-104
• /
• 2008

The purpose of international cooperation for launch vehicle between Ukraine and Brazil was to launch Ukraine's Cyclone-4 launch vehicles at the Alcantara cosmodrome in Brazil. Ukraine and Brazil have prepared this cooperation since 1999 and established a joint venture. However, the first launch has been postponed several times. Because it took a lot of time and efforts to negotiate, sign and ratify the cooperation agreement and to regulate the protection of technology transfer to the third countries. Thus, the administrative affairs and diplomatic steps as well as the technical matters should be considered to prepare international cooperation for launch vehicles.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
• /
• 2002.11a
• /
• pp.39-44
• /
• 2002

Bans on TBT based antifouling paints have been drafted since 1999 by meetings 42, 43, 45 and 46 for the MEPC (Marine Environmental Protection Committee) of the International Marine Organization, and decided finally at a Diplomatic Conference of the IMO in October 2001. It was a key issue that there should be a global prohibition on the application of organo-tin compounds as biocides in Anti-fouling systems by Jan. 2003, and a complete prohibition on te presence of organo-tin compounds on ships by 1 Jan. 2008. This paper suggests a method to design International Anfi-fouling system cretificate, Record of anti-fouling system, Endorsement of the Records, Declaration on Anti-fouling System, Port State Control and reform(legislative) associated a law.

• Journal of Navigation and Port Research
• /
• v.26 no.5
• /
• pp.505-510
• /
• 2002

Bans on TBT based antifouling paints have been drafted since 1998 by meetings 42, 43, 45 and 46 for the MEPC (Marine Environmental Protection Committee) of the International Marine Organization, and decided finally at a Diplomatic Conference of IMO in October 2001. It was a key issue that there should be a global prohibition on the application of organo-tin compounds as biocides in Anti-fouling systems by Jan. 2003, and a complete prohibition on the presence of organo-tin compounds on ships by 1 Jan. 2008. This paper suggests a method to design International Anti-fouling system cretificate, Record of anti-fouling system, Endorsement of the Records, Declaration on Anti-fouling System, Port State Control and reform(legislative) associated a law.

• Journal of Arbitration Studies
• /
• v.33 no.2
• /
• pp.53-83
• /
• 2023

The investment agreement prepared at the beginning of inter-Korean economic cooperation in 2000 can be evaluated as very ineffective as a product of mutual political and diplomatic compromise rather than an effective protection for our investment assets. South Korean companies suffered a lot of losses due to the freezing of assets in the Geumgang mountain district and the closure of the Kaeseung Industrial Complex, but they did not receive practical damage relief due to institutional vulnerabilities. Currently, North Korea is under international economic sanctions of the UN Security Council, so it is true that the resumption of inter-Korean economic cooperation is far away, but North Korea's human resources and geographical location are still attractive investment destinations for us. Therefore, if strained relations between the two Koreas recover in the future and international economic sanctions on North Korea are eased, Korean companies' investment in North Korea will resume. However, the previous inter-Korean investment agreement system was a fictional systemthat was ineffective. Therefore, if these safety devices are not reorganized when economic cooperation resumes, unfair damage to Korean companies will be repeated again. The core of the improved investment guarantee system is not a bilateral system between the two Koreas, but the establishment of a multilateral system through North Korea's inclusion in the international economy. Specifically, it includes encouraging North Korea to join international agreements for the execution of arbitration decisions, securing subrogation rights through membership of international insurance groups such as MIGA, creating matching funds by international financial organizations. Through this new approach, it will be possible to improve the safety of Korean companies' investment in North Korea, and ultimately, it will be necessary to lay the foundation for mutual development through economic cooperation between the two Koreas.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
• /
• 2003.05a
• /
• pp.206-211
• /
• 2003

Bans on TBT based antifouling paints have been drafted since 1998 by meeting 42, 43, 45 and 46 for the MEPC(Marine Environmental Protection Committee) of the International Marine Organization, and decided finally at a Diplomatic Conference of the IMO in October 2001. It was a key issue that there should be a global prohibition on the presence of organo-tin compounds in ships by 1 Jan. 2008. TBT Paint Waste from ship happens by vast quantity since 2003. This paper suggests a method to design Treatment System for TBT Paint Waste from Ship. The result of measurement in pyrolysis system were removal rate on 99％. at hight temperature in 1000$^{\circ}C$ and reaction time 1hr. TBT removal was more that 99％.

• Journal of Navigation and Port Research
• /
• v.27 no.4
• /
• pp.449-454
• /
• 2003

Bans on TBT based antifouling paints have been drafted since 1998 by meetings 42, 43, 45 and 46 for the MEPC(Marine Environmental Protection Committee) of the international Maritime Organization, and decided finally at a Diplomatic Conference of the IMO in October 2001. It was a key issue that there should be a global prohibition on the presence of organo-tin compounds in ships by 1 Jan. 2008. TBT Paint Wastes from ship have been produced by vast quantity since 2003. This paper suggests a method to design Treatment System for TBT Paint Waste from Ship. The organotion compound was dissolved by heating, and the organic matters was oxidized and turned into inorganotins, then they were stabilized in the end. At 500^{\circ}C$, the organotin compound which heated for one hour was removed by 58%, and in 1000^{\circ}C$ the organotin compound was treated by 99.9% after and hour of heating treatment.

• Journal of the Korea Society of Computer and Information
• /
• v.28 no.5
• /
• pp.39-47
• /
• 2023

The purpose of this study is to examine the progress of negotiations between the two countries regarding the implementation of AFKN's satellite broadcasting on October 4, 1983, as well as the opposition of domestic public opinion, which emerged as an important variable in the negotiation process. Through this, it was intended to lay the foundation for the historical facts necessary to interpret the negotiation process between the two countries over the implementation of AFKN's satellite broadcasting in the context of world history of cultural globalization. As a research method, the historical literature research method was used, focusing on archive documents stored in diplomatic archives. The study revealed that public opinion's movement toward cultural imperialism under domestic political conditions, which had authoritarian control over the media, served as an accidental factor to help carry out the regime's interests of regime protection. Through these findings, this paper interpreted that AFKN-TV's satellite broadcasting, which was implemented under the U.S. Department of Defense plan without the prior consent of the Korean government, clearly shows that Korea has been "semi-forced" into the U.S.-led cultural globalization order.

• Korean Security Journal
• /
• no.62
• /
• pp.347-367
• /
• 2020

Rapid advancement of technology in today's society has allowed for easy access and use of data, promoting the process of informationization. Along with the merits of such development, unintended consequences of security risks involving wiretapping have been increasing as well. The security threats posed by wiretapping technology must be addressed by every organization and individual, as it could be used to leak confidential information about the nation's security, military and diplomatic strategies, industrial technologies, and personal information. Despite increasing threats stemming from the surrounding nations using advanced wiretapping technology, there is a lack of awareness at the government level, and the existing security measures for detecting and counteracting the wiretapping equipment are ineffective. In this research, the authors offered technical suggestions for improving the security strategies against the threats of wiretapping and information leakage by conducting a content analysis. The authors suggested the units of an agency be assigned a security grade based on its importance, and that adequate security equipment should be operated according to the grade. For instance, around-the-clock surveillance is recommended for grade-1 facilities, and portable wiretapping equipment detectors should be used to protect conference rooms and other key sites.