• Korea and Global Affairs
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• v.3 no.2
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• pp.87-130
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• 2019

This paper aims to analyze the recent progress(current situation) and tasks of arms control in North and South Korea. To this end the paper is composed of 5 chapters titled instruction; recent progress(current situation) of arms control in South and North Korea; constraints and tasks of arms control on the Korean peninsula; and conclusion. One of the most important tasks for the establishment of a peace structure for the coexistence of the Korean people in the 21st century is the realization of military control in order to resolve the acute military confrontation situation and mutual threats. With the 2018 PyeongChang Winter Olympics, the North-South summit and the subsequent talks for peace and denuclearization on the Korean Peninsula, the North Korea-US summit, and subsequent talks are creating conditions for trust building and arms control between the two Koreas. The military trust between the two Koreas and operational arms control are being achieved through the declaration of the April 27 Panmunjom and the 'Military Agreement for the Implementation of the Panmunjom Declaration.' However, since there are constraints on the control of arms control, such as the persistence of hostility and distrust of the two Koreas, the defense treaty between the two Koreas and neighboring countries, the competition of neighboring countries and the complex interests of the Korean peninsula, Trust Building is important. We should resolve the issue of arms control between the two Koreas, taking into account the trend of international arms control over the internal and external dynamics of the Korean peninsula gradually and carefully, with a vision of long-term unification security.

• Korea and Global Affairs
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• v.3 no.1
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• pp.39-76
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• 2019

This paper is to analyze the trend and implications of the publication of China's defense and security white papers. To this end the paper is composed of 5 chapters titled instruction; publication details and composition of China's defense and security white paper; the gist of the white paper on national defense and security during the Chinese president Xi Jinping era; the implications of Chinese white paper on national defense and security during the Chinese president Xi Jinping era; and conclusion. The Chinese Ministry of National Defense had published seven books every two years since 1998 to 2010. In 1995, the ministry published a white paper titled 'China's arms control and disarmament' for the first time. In 2013, it published a white paper titled 'The Diversified Employment of China's Armed Forces' and 'China's Military Strategy' in 2015. All have the common characteristic of being a propaganda policy reflecting China's strategic calculations. It seems that China has began to publish defense white papers in a proactive manner, due to the following factors: (1)pressure on China to demand military transparency from neighboring countries such as the United States; (2)the erosion of the 'China threat.' and (3)confidence in the achievement of China's military modernization. The 'active defensive strategy' and the 'strong defense strategy' of Si Jinping are implied in the words "China's dream is a dream of a powerful country and dream of a strong nation is essential to construct a strong nation." His these strategies have raised security concerns for neighboring countries. We need to maintain and reinforce strong ROK-US security cooperation, and hedging strategies to harmoniously promote ROK-China economic cooperation.

• Korea and Global Affairs
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• v.1 no.2
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• pp.171-208
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• 2017

This paper is to analyze the type characteristics and prospects of the North Korean nuclear strategy. To this end, the paper is composed of 5 chapters titled introduction; the concept and type of nuclear strategy; the nuclear capabilities of North Korea and the declarative nuclear strategy; the operational characteristics and prospects of the North Korean nuclear strategy; and conclusion. Recently, the deployment of nuclear weapons and the enhancement of nuclear capabilities in North Korea have raised serious problems in our security and military preparedness. Nuclear strategy means military strategy related to the organization, deployment and operation of nuclear weapons. The study of North Korea's nuclear strategy begins with a very realistic assumption that the nuclear arsenal of North Korea has been substantiated. It is a measure based on North Korea's nuclear arsenal that our defense authorities present the concepts of preemptive attack, missile defense, and mass retaliation as countermeasures against the North Korean nuclear issue and are in the process of introducing and deploying them. The declared nuclear declaration strategy of the DPRK is summarized as: (1)Nuclear deterrence and retaliation strategy under the (North Korea's) Nuclear Weapons Act, (2)Nuclear preemptive aggression, (3)The principle of 'no first use' of nuclear weapons in the 7th Congress. And the intentions and operational characteristics of the North Korean nuclear strategy are as follows: (1)Avoiding blame through imitation of existing nuclear state practices, (2)Favoring of nuclear strategy through declarative nuclear strategy, (3)Non-settlement of nuclear strategy due to gap between nuclear capability and nuclear posture. North Korea has declared itself a nuclear-weapon state through the revised Constitution(2012.7), the Line of 'Construction of the Nuclear Armed Forces and the Economy'(2013.3), and the Nuclear Weapons Act(2013.4). However, the status of "nuclear nations" can only be granted by the NPT, which is already a closed system. Realistically, a robust ROK-US alliance and close US-ROK cooperation are crucial to curbing and overcoming the North Korean nuclear threat we face. On this basis, it is essential not only to deter North Korea's nuclear attacks, but also to establish and implement our own short-term, middle-term and long-term political and military countermeasures for North Korea's denuclearization and disarmament.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.261-284
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• 2018

The current international legal system does not provide a safeguard against the militarization and the weaponization of outer space. Although the term "peaceful use of outer space" in the 1967 Outer Space Treaty(OST) appears in official government statements or in multilateral space treaties, it is still without an authoritative definition in reviewing national practices. The ambiguous ban on weapons in Article IV of the OST allows countries to loophole on the deployment of other weapons other than nuclear weapons. Meanwhile "Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT)" to Conference on Disarmament (CD) commissioned by the UN General Assembly's Special Session jointly submitted by China and Russia in 2008 and later revised in 2014, attempting to define and prohibit the proliferation of weapons in outer space and provided definitions of prohibited weapons, are opposed by the US on the grounds that currently there is no arms race in outer space. Some experts support a hard law approach in which binding laws aimed at ultimately creating integrated and binding legal instruments in all aspects of the use of outer space should be adopted to regulate the military use of space. However as a temporary measure the soft law guidelines should be developed for the non liquiet, a situation where there is no applicable law. The soft law could be used to create support for the declaration of the treaties and to create international customary law. For example, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space that regulates the activities of the state in the exploration and use of the universe, and the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space will illustrated. While substantial portions of the former was codified later in the 1967 OST, the latter which, although written in somewhat mandatory terms, have been consistently complied with by states, have arguably become part of customary international law. On November 12, 1974, the General Assembly reaffirmed that the development of international law may be reflected inter alia, by declarations and resolutions of the General Assembly which may to that extent be taken into consideration by the International Court of Justice.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.203-237
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• 2011

Since USSR successfully launched its satellite "Sputnik"in 1957, many countries including US and USSR began military use of space, and engaged in arms race in space, which is against spirit and ideals of peaceful use of space as common heritage of mankind stipulated in many treaties such as Outer Space Treaty. With worsening Cold War between East and Western Bloc, this military use of space and arms race in space has been intensifying. Regarding the ideals of peaceful use of space, it is interpreted that military use of space is possible unless it does not have the purpose of aggression. The military use of space may have diverse forms such as attacking satellites in space, or attacking from satellites, making use of present and future technologies available which should include the use of nuclear and kinetic/hyper-speed weapons, laser, particle beams, near explosion, disturbance weapons in different directions (i.e., surface to space, space to space, and space to surface). Arms control is being implemented by the efforts of many countries in different formalities including legislature of international treaties under the auspices of UNCOPUOS and prohibition of weapons of mass destruction. Taking outstanding examples aiming at arms control by international community, there are confidence building measures (CBM), strengthening implementation of existing treaties, partial ban of nuclear tests, countryand regional approach, comprehensive approach and measures having legally binding force. While U.S. has surpassed other countries concerned in the area of military useof space, it withdrew from OST in early 2000s, thereby raising concern of international community. It requires concerted efforts of cooperationand implementation by international society to make sure peace of mankind and environmental conservation through arms control in space. Observing de facto possession of nuclear weapons by North Korea following series of nuclear tests and launching satellites, and efforts of launching rockets by South Korea, it is strongly needed for both countries to take part in arms control efforts by international community.

• The Korean Journal of Air & Space Law and Policy
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• v.28 no.2
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• pp.223-258
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• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.