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International Space Law on the Protection of the Environment (환경보호에 관한 국제 우주법연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.205-236
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    • 2010
  • This article deals with international space law for the environmental protection in outer space especially for space debris arising from space activities. After studying 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement, we could find few provisions dealing with space environment in those treaties. During the earlier stages of the space age, which began in the late 1950s, the focus of international law makers was the establishment of the basic rules of space law governing the states' activities in outer space. Consequently the environmental issues and the risks that might arise from the generation of the space debris did not receive priority attention within the context of the development international space law. Although the phrases such as 'harmful contamination', 'harmful interference', 'disruption of the environment', 'adverse changes in the environment' and 'harmfully affecting' in relation to space environment were used in 1967 Outer Space Treaty and 1979 Moon Agreement, their true meaning was not definitely settled. Although 1972 Liability Convention deals with compensation, whether the space object covers space debris is unclear despite the case of Cosmos 954. In this respect international lawyers suggest the amendment of the space treaties and new space treaty covering the space environmental problems including the space debris. The resolutions, guidelines and draft convention are also studied to deal with space environment and space debris. In 1992 the General Assembly of the United Nations passed resolution 47/68 titled "Principles Relevant to the Use of Nuclear Power Sources in Outer Space" for the NPS use in outer space. The Inter-Agency Space Debris Coordination Committee; IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" approved by COPUOS in its 527th meeting. In 1994 the 66th conference of ILA adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". Although those resolutions, guidelines and draft convention are not binding states, there are some provisions which have a fundamentally norm-creating character and softs laws.

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Enact of Glutathione(GSH/GSSG) Contents of Fermented Ginseng on the ${\gamma}$-irradiated Liver of Mice (감마선을 조사한 생쥐 간에서 발효인삼이 Glutathione 함량에 미치는 영향)

  • Ko, In-Ho
    • The Journal of Korean Society for Radiation Therapy
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    • v.18 no.1
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    • pp.29-34
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    • 2006
  • Purpose: The radioprotective effects of white and fermented ginseng on liver damage induced by $^{60}Co\;{\gamma}$-ray were investigated. Materials and Methods: To one group of ICR male mice were given white(150 mg/kg/day for 7 days, orally) and fermented ginseng(150 mg/kg/day for 7 days, orally) before $^{60}Co\;{\gamma}$-ray irradiation. To another group were irradiated by 5 Gy(1.01 Gy/min) dose of $^{60}Co\;{\gamma}$-ray. Contrast group were given with saline(0.1 mL). The levels of reduced(GSH) and oxidized(GSSG) glutathione in liver tissue were measured. Results: In the fermented(150 mg/kg) and white ginseng(150 mg/kg) groups than irradiation group, the GSH levels were significantly increased, but the GSSG levels were significantly decreased. The ratio of GSSG/total GSH was significantly decreased in the fermented(150 mg/kg) and white ginseng(150 mg/kg) groups than irradiation group. Conclusion: In the fermented(150 mg/kg) groups than white ginseng(150 mg/kg) groups the GSH levels were significantly increased. The radioprotective effects of fermented(150 mg/kg) groups than white ginseng(150 mg/kg) groups were increased.

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"Legal Study on Boundary between Airspace and Outer Space" (영공(領空)과 우주공간(宇宙空間)의 한계(限界)에 관한 법적(法的) 고찰(考察))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.2
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    • pp.31-67
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    • 1990
  • One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

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The Comparative Study of Costume and Ornaments between Shilla and Uighur (신라복식과 위구르복식의 관계 연구)

  • 한윤숙
    • Journal of the Korean Society of Costume
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    • v.24
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    • pp.15-28
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    • 1995
  • This thesis focuses on the study of costume and ornaments of Shilla which had been severely affected by Uighur, and those of Uighur in Uighur self-governing district located in Shin Kang. East Turkestan, in Centrals Asia. This study aims to identifty the way of intergration of Uighur's costume and ornaments into Shilla, and orgins of Shill's costume and ornaments which had amix of internationl elelemnts thoursh cross exchanges, by comparing the differences between the two, and at the same time to clarify the pedigree of Korean costume and ornaments which are said to be udner a severe Chinese influence, by highlingting its uniqueness and originality . The result of the study demonstrates and originality of SHilla by melting foreign cultures into its own style in the process of accepting them. This means that the Shilla has recreated them in t도 form of simplification, and added naturalistic abstratness which is an element of Norther culture. The costume and ornaments are divided into coronets men's costuem, women's costume, and accessories 1. Coroncts A horse-riding man, and the costume type of 유고제 착유지체형 tell the Northern culture's influence on 백화수피기마인물채화담립 and patterns of a lotus flowr and arabesque show the 백화수피기마인물채색답립 has an influence of Buddhism with cluture of bordering countries of Western China , The origin of 뱍회수피제안형건(원정형, 방정형) lies in Northern cultures which can be found in ancient tombs of the Huns in noin-Ila , and stone caves of Jizil in Kochang. The wall paintings in Alexandropol, Murutuk and 돈황 No. 409 cave show that 초화형입식계금관 is under the influence of Northern culture, and Bezerkrick No, 25 cave and 회 번 in Kocho also show 수목녹각형입식관 is under the influence of Northern culture, with its origin in Novecherkaask. In this regard, the transformed coroncts of Shilla has shows a blended culture of Shilla with Nothern, Chinese, and Western cultures. 2. Men's Costume 반령포 derives from cultures of bordering countries of Western China centering around Uighur and Turkey. 연주문 in Uighur prince's costume and in Uighur paintings of Central Asia were reflected into the arts of Shilla in a direct way, and the motive of Uighur was deviatelly expressed at Shilla's arts in the form of simplicity , and naturalistic abstract paintings as in shown at 입수쌍조문 in tiles and brick. Along with this , 고착지체형 costume originates from Eurasia's Northern horseriding costumes as was shown in a golden man in B.C.4-5C which is now possessed by Kazakstan Republic Academy Archelogy Center Museum, and a golden figure from Skitai ancient caves, an the origin is carried away into wall paintings of Kizil No.14. cave in 8c and Astana's early period ancient tomb. No.6. 3. Women's Costume The hair styles of Shilla people are either 변발 or up -style with a lot of hair around it whose origin can be seen in Astana No.216 and No.187 caves of Kochang and Uighur's wall paintings of royal princess's hair style. Astana's middle period No. 206 and No.230 tombs reveal the its origin of 고착장군 while Astana early period No. 6 tomb shows that of 광유풍만형. 4. Accessories The earrings with small golden beads is seen at earring of figure holding a sword in wall painting of figure holding a sword in wall painting of Kizil in about 5 C. and those of a offering people in Sorchuk wall paintings. The earrings with small golden beads originates from a golden pendant of Shivargan, Afganistan, and golden pendants and other golden and metal accessories from Chrioba ancient tombs in Skiti Critia peninsula. Shilla's costume derives from the costume style of horse-ridding man, which proves the fact that Shilla people are horse-ridding peoplewith excellent horse-ridding techniques, and traditions. The people of Shilla are from horse-ridding people of local mounted momads in Northern part of Siberia steppe and this origin of Northern culture had been carried into Uighur in East Turkestan. At the same time , Shilla has a wealth and power since it was rich in gold and iron , thus producing lots of materials made of them. The results of this study emphasizes Shilla's identity and self-control by creating an independent an innovative heterogeneous culture since Shill's active exchanges with East Asia allowed it to accept the most civilized Uighur culture in East Turkestan among Altai languate which had frequent cross contacts with India and Europe.

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The Settlement of Conflict in International Space Activities (우주활동에 있어서 분쟁의 해결과 예방)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.159-203
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    • 2010
  • Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

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The Role of the Soft Law for Space Debris Mitigation in International Law (국제법상 우주폐기물감축 연성법의 역할에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.469-497
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    • 2015
  • In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.