• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.139-161
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• 2009

The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.37 no.3
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• pp.62-82
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• 2019

Taking the three Wuyi-Gugok Drawings, 『A Picture Showing the Boundary Between Mountains and Rivers: A』, 『Landscape of the Jiuqu River in the Wuyi Mountain: B』 and 『Eighteen Sceneries of Wuyi Mountain: C』, which were produced in the mid-Qing Dynasty as the research objects and after investigating the names recorded in the paintings, this paper tries to analyze the scenic spots, scene types and images in the literature survey. Also, based on the number of Scenic type and the number of Scenic name in each Gok, landscape richness(LR) and landscape similarity(LS) of the Gugok scenic spots, the cognitive characteristics of the landscape in the 18th century were carefully observed. The results are as follows. Firstly, according to the description statistics of scenic spot types in Wuyi Mountain Chronicle, there were 41 descriptions of scenery names in the three paintings, among which rock, peak and stone accounted for the majority. According to the data, the number of rocks, peaks and stones in Wuyi-Gugok landscape accounted for more than half, which reflected the characteristics of geological landscape such as Danxia landform in Wuyi-Gugok landscape. Secondly, the landscape of Gugok Stream(九曲溪) was diverse and full of images. The 1^st Gok Daewangbong(大王峰) and Manjeongbong(幔亭峰), the 2^nd Gok Oknyeobong(玉女峰), the 3^rd Gok Sojangbong(小藏峰), the 4^th Gok Daejangbong(大藏峰), the 5^th Gok Daeeunbyeong(大隱屛) and Muijeongsa(武夷精舍), the 6^th Gok Seonjangbong(仙掌峰) and Cheonyubong(天游峰) all had outstanding landscape in each Gok. However, the landscape features of the 7^th~9^th Gok were relatively low. Thirdly, according to the landscape image survey of each Gok, the image formation of Gugok cultural landscape originates from the specificity of the myths and legends related to Wuyi Mountain, and the landscape is highly well-known. Due to the specificity, the landscape recognition was very high. In particular, the 1^st Gok and the 5^th Gok closely related to the Taoist culture based on Muigun, the Stone Carving culture and the Boat Tour culture related to neo-confucianism culture of Zhu Xi. Fourthly, according to the analysis results of landscape similarity of 41 landscape types shown in the figure, the similarity of A and C was very high. The morphological description and the relationship of distant and near performance was very similar. Therefore, it could be judged that this was obviously influenced by one painting. As a whole, the names of the scenes depicted in the three paintings were formed at least in the first half of 18^th century through a long history of inheritance, accumulated myths and legends, and the names of the scenes. The order of the scenery names in three Drawings had some differences. But among the scenery names appearing in all three Drawings, there were 21 stones, 20 rocks and 17 peaks. Stones, rocks and peaks guided the landscape of Gugok Streams in Wuyi Mountain. Fifthly, Seonjodae(仙釣臺) in A and C was described in the 4^th Gok, but what deserved attention was that it was known as the scenery name of the 3^rd Gok in Korean. In addition, Seungjindong(升眞洞) in the 1^st Gok and Seokdangsa(石堂寺) in the 7^th Gok were not described in Drawings A, B and C. This is a special point that needs to be studied in the future.