• The Korean Society of Law and Medicine
• /
• v.12 no.2
• /
• pp.317-338
• /
• 2011

The World Health Organization (WHO) tries to accomplish the goal of 'smoke free society', and developed countries regard the nicotine as an addictive drug. In order to better protect human health, all parties are required to adopt and implement effective legislative, executive, administrative or other measures for tobacco control in accordance with Article 4 the Framework Convention on Tobacco Control (FCTC). In order to achieve the objective of the FCTC and its protocols and to implement its provisions, Korea need to take an attention on the U.S. Family Smoking Prevention And Tobacco Control Act of 2009 and Final Rule. It is need to integrate and centralize of tobacco safety administration and smoking prevention for the national health promotion.

• Plant Journal
• /
• v.7 no.4
• /
• pp.58-66
• /
• 2011

The power plant companies reached the culmination for growth in the domestic market. Besides, we have faced many challenges such as an electricity opening market trend for overseas, banning the use of coal due to the United nations framework convention on climate change, and the meticulous attention regarding the government's electricity charge plan. On the other hand, the overseas business has been a critical issue since China and many other developing countries expanded their projects abroad. Another factor is that power plant industry is being privatized, and it made the market regulation a bit loose. Thus, the market environment became favorable toward those companies which planned many overseas businesses. In this research, the power plant company's current condition for construction and operation as well as its technical competitiveness were analyzed, and an alternative plan using SWOT analysis for entering an oversea market was made. It dealt with both internal and external factors. Also, examined was the current situation under the power plant industry dealing with restructure for electric industry, lack of fossil fuel, and the United nations framework convention on climate change. From the research, it was suggested that many successful strategies to enter the overseas business by using the market trend I researched.

• Journal of Fisheries and Marine Sciences Education
• /
• v.27 no.5
• /
• pp.1265-1272
• /
• 2015

This study aims at comparison and analyzing of marine officer license system for fishing vessels between South Korea and New Zealand. It is urgently required to establish Republic of Korea-New Zealand mutual certification system for marine officers who are on board ships within applicable area given that New Zealand will force foreign fishing vessels within New Zealand area to reflag from 2016 in accordance with the amendment of Fisheries Act. Secondly, to compare and analyze systems between two countries will contribute to the preparatory work related to ratification STCW-F convention as New Zealand already have completed law amendment to adapt the convention. Maritime law of New Zealand, Seafarers Act and Ship Personnel Act of Republic of Korea were compared and analyzed as references. The result showed that an improvement to corresponding level to the international convention and development of safety training by vessel type, and job descriptions according to the license class are needed to Republic of Korea system. Furthermore, it is suggested to prepare specialized training for deckhands as required in STCW-F convention and standard fishing vessel officer training record for designated institute of education. Therefore institutional complementarity and framework is required as it is expected that the nations of fishing in piscary demand to reflag Korean deep-sea fishing vessels or to ratify the STCW-F convention.

• Journal of the Korean Geographical Society
• /
• v.48 no.4
• /
• pp.575-588
• /
• 2013

The concept of cultural landscape, which is defined in the World Heritage Convention, provides a new framework with which to manage the heritage sites. European Landscape Convention proposes that landscape is the basic component of natural and cultural heritage, which in turn contributes to the improvement of human well-being and consolidation of the European identity. While recognizing the international trend, Japan has strived to improve the level of managing and protecting the landscape and cultural landscape through the enactment of Landscape Law and the revision of Cultural Property Protection Law. Now that landscape and cultural landscape has occupied the core of heritage management in the advanced countries, it is required more than ever that the concept of landscape and cultural landscape should be clarified through the legislation and convention in Korea. If the legislation for protecting and managing the landscape and cultural landscape is prerequisite for Korea to be an advanced country, a careful and in-depth examination, along with the consideration of the Korean circumstances, should be further carried out on the international experiences about the legislation from the comparative perspective.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.12
• /
• pp.615-641
• /
• 1999

Trade and the environment emerged as a major and complex issue for trade negotiators in the final stages of the Uruguay Round negotiations. The agreements and other international measures employing trade measures and trade sanctions for achieving global environmental objectives are Vienna Convention on the Protection of the Ozone Layer(1985), the Montreal Protocol on Substances that deplete the Ozone Layer(1987), The Framework Convention on Climate Change(1992), the Convention on Biological Diversity(1992), the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal(1992), the Convention on International Trade in Endangered Species of Wild Faunna and Flora(1975), the Rio Declaration, the Agenda 21, etc. The texts of the World Trade Organization(WTO) incorporated certain provisions which were designed to reflect some of the environmental concerns are Trade-Related Aspects of Intellectual Properity Rights(TRIPs), Trade-Related Investment Measures (TRIMs), the General Agreement on Trade in Services(GATS), and Technical Barriers to Trade(TBT) There is the possibility of conflict between multilateral environmental agreements and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility, especially between countries which are Member of WTO and which are not Members of the relevant multilateral environment agreements, and countries which are Members of both the WTO and the relevant MEAs. Measures taken under the trade-related provisions of MEAs could potentially give rise to conflicts under obligations arising in WTO texts. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms and vice versa. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority. However, such measures should neither constitute a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Also any trade measures taken should be necessary to prevent developments in trade from endangering the effectiveness of an MEA and they should be proportional and least trade restrictive.

• The Korean Journal of Air & Space Law and Policy
• /
• v.23 no.1
• /
• pp.3-32
• /
• 2008

In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

• Proceedings of the KSR Conference
• /
• 2010.06a
• /
• pp.2058-2063
• /
• 2010

United Nations Framework Convention on Climate Change(UNFCCC) is one of the international environmental convention with the goal of stabilizing Greenhouse Gas(GHG) concent in the atmosphere and preventing potentially dangerous change in the earth's climate. The purpose of this convention is to reduce fossil fuel consumption and to prevent GHG emission. The Republic of Korea was one of the Annex-II parties submitted its national communication to the UNFCCC. As a developing county, there is no GHG emission reduction commitments made by South Korea during first commitment period(2008~2012). On the contrary, South Korea' status as an OECD member, joining in 1996, ranks 6th in GHG emission. Furthermore the rate of increase of GHG is first among OECD countries in year 2005. As a result, Korea will probably be incorporated into Annex-I in second commitment period (after 2013). So, Korea government established and announced Voluntary GHG Reduction scheme to reduce emissions of 4%(accounting for 30% reduction base on Business As Usual) from the 2005 level by the year 2020 for mitigation of reduction duty impact. In specific case of Korea, transportation section occupied almost 21% of total energy consumption and nearly 17% of total GHG emission at 2005, so systematic emission management is required. To do so, in this research, we focus on systematic way of GHG management system to handle GHG reduction duties in Railroad section.

• International Journal of Computer Science & Network Security
• /
• v.24 no.5
• /
• pp.198-204
• /
• 2024

Correspondence security between IoT devices is a significant concern, and the blockchain makes the latest difference by reducing this matter. In the blockchain idea, the larger part or even all organization hubs check the legitimacy and precision of traded information before tolerating and recording them, regardless of whether this information is identified with monetary exchanges or estimations of a sensor or a confirmation message. In assessing the legitimacy of a traded information, hubs should agree to play out an uncommon activity. The chance to enter and record exchanges and problematic cooperation with the framework is fundamentally decreased. To share and access the executives of IoT devices data with disseminated demeanour, another confirmation convention dependent on block-chain is proposed, and it is guaranteed that this convention fulfils client protection saving and security. This paper highlights the recent approaches conducted by other researchers to secure the Internet of Things environments using blockchain. These approaches are studied and compared with each other to present their features and disadvantages.

• Journal of Arbitration Studies
• /
• v.19 no.2
• /
• pp.197-227
• /
• 2009

This study describe the brief history and current statutes of Philippine arbitration. The practice of arbitration in the Philippines can be traced as far back as the barangay. From 1521, Spanish Civil Code became effective in the Philippines. During this period, the Supreme court was discouraged by the tendency of some courts to nullify arbitration clauses on the ground that the clauses ousted the judiciary of its jurisdiction. According to the growing need for a law regulating arbitration in general was acknowledged when Republic Act No.876(1953), otherwise known as the Arbitration Law, was passed. In 1958, the Philippines became a signatory to the New York Convention and in 1967 the said Convention was ratified. But no legislation has been passed. As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid. Fifty years after, the Philippine Congress enacted, Republic Act No. 9285, otherwise know as the Alternative Dispute Resolution Act of 2004. The enactment was the Philippines solution to making arbitration an efficient and effective method specially for international arbitration. To keep pace with the developments in international trade, ADR Act of 2004 also ensured that international commercial arbitration would be governed by the UNCITRAL Model Law on International Arbitration and also fortified the use and purpose of the New York Convention by specifically mandating. If the international commercial arbitration will be revitalization in the near future in the Philippine, it will be shown that the model law's comprehensive provisions will give the beat framework for arbitration.. The writer expect that Philippines continues in its effort to be the premier site for international arbitration in Southeast Asia.

• The Korean Journal of Air & Space Law and Policy
• /
• v.30 no.2
• /
• pp.279-310
• /
• 2015

The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.