• The Korean Journal of Air & Space Law and Policy
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• v.14
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• pp.151-174
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• 2001

Theories of international organization have explained the creation, maintenance, and decline of international organization. However, their explanations on changes of international organization have been much more different one another. For example, the theory of hegemonic stability argues that international organization can be created and maintained only by a hegemonic state and will be declined if the hegemonic state decline. On the other hand, the functional approach believes that the positive functions and effects that international organization provides motivate states to create and maintain the organization, while the game-theoretical approach explains international organization based on cost-benefit calculation of rational states. Thus, the empirical evaluation of the arguments of the theories of international organization and defining the major factors that determine international organization are necessary not only for the development of theories of international organization but also for making desirable policies toward international organization. For the purpose, this paper compares and contrasts the three major theories of international organization and applies the approaches to the case of the International Civil Aviation Organization (ICAO) to test their arguments. Since the ICAO has been rarely examined by the theories of international organization, the case study could be desirable case to evaluate theories of international organization. In this sense, this paper attempts to define the major factors that determine the creation, maintenance, and decline of the ICAO. In particular, since the Korean government has changed its policy for air transport security system recently, it will investigate the role of ICAO on the policy change to define the limits and strength of ICAO. In conclusion, this paper will assess the relative explanatory power of each approach based on the analysis of the creation and changes of ICAO

• The Korean Journal of Air & Space Law and Policy
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• v.14
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• pp.175-206
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• 2001

• The Korean Journal of Air & Space Law and Policy
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• v.23 no.1
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• pp.83-109
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• 2008

According to 1944 Chicago Convention aircraft are classified into public aircraft(or state aircraft) and private aircraft(or civil aircraft). However even if public aircraft owned by government are used as commercial flights, those are classified into private aircraft. But as far as space activities are concerned in the 1967 Outer Space Treaty, those are related to all activities and all space objects, thus there being no differentiation between the public spacecraft and private spacecraft. As for the institutions of air law there are ICAO, IATA, ECAC, AFCAC, ACAC, LACAC in the world. However in the field of space law there is no International Civil Space Organization like ICAO. There is only COPUOS in the United Nations. The particular institutions such as INTELSAT, INMARSAT, ITU, WIPO, ESA, ARABSAT would be helpful to space law field. In the near future there is a need to establish International Civil Space Organization to cover problems rising from all space activities. According to article 1 of the 1944 Chicago Convention the contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. It means that absolute airspace sovereignty is recognized by not only the treaty law and but also customary law which regulates non-contracting States to the treaty. However as for the space law in the article n of the 1967 Space Treaty 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. It creates res extra commercium like the legal status of high seas in the law of the sea. However the 1979 Moon Agreement proclaimed Common Heritage of Mankind as far as the legal status of the outer space is concerned which is like the legal status of deep sea-bed in the 1982 United Nations Law of the Sea. As far as the liabilities of air transport system are concerned there are two kinds. One is the liabilities to passenger on board aircraft and the other is the liabilities to the third person or thing on the ground by the aircraft. The former is regulated by the Warsaw System, the latter by the Rome Convention. As for the liabilities of space law the 1972 Liability Convention applies. The Rome Convention and 1972 Liability Convention stipulate absolute liability. In the field of space transportation there would be new liability system to regulate the space passengers on board spacecraft like Warsaw System in the air transportation.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.43 no.4
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• pp.349-358
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• 2015

The research and development trend of Trajectory-based Operations(TBO), which is considered as a key concept of future Air Traffic Management(ATM), is presented in this paper. The operational concepts of TBO in ASBU(Aviation System Block Upgrade) from ICAO(International Civil Aviation Organization) have been summarized, and the detailed operational concepts and procedures, which can be realized in the near future, are described through the investigations of operational concept development and related research/development activities of TBO in USA and Europe. The technical enablers, which have been identified based on understanding of TBO operational concepts, are introduced, and related research/development status of each technical enabler has been presented.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.1
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• pp.163-186
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• 2007

Charter flight in international air law has, from very beginning, not precisely defined by the International Civil Aviation Organization (lCAO) since 1947 when it came into being. By practice, the operation of charter traffic is, in its very beginning, the subject to the regulations of national rules and bilateral charter agreements (charter annex clause) within the framework of normal bilateral agreement of international air services. Taiwan had signed a series of bilateral air service agreement under the name of the Government of the Republic of China when Taiwan was recognized by the United Nations and major members of international community as the sole legal government representing China before 1971, but that situation was changed since then. Taiwan has only maintained diplomatic relations with 25 States, but maintained semi-official relations with major powers of the world. The former agreements were signed within the framework of the Vienna Convention on the Law of Treaties of 1969 while the latter agreements were signed within the framework of administrative and civil law of two countries which were not in the form of bilateral treaty signed by two sovereign States in its proper sense of international law. The legal regime of charter flights between Taiwan and Mainland China is regulated by special arrangements negotiated by delegated airlines and airlines association or private law institutions.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.3-32
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• 2014

Safety Management System is the aviation industry policy for while operating the aircraft, to ensure the safety crew, aircraft and passengers. For operating a safe aircraft, in order to establish the international technical standards, the International Civil Aviation Organization has established the Annex 19 of the Convention on International Civil Aviation. As a result, member country was supposed to be in accordance with the policy of the International Civil Aviation Organization, to accept the international standard of domestic air law. The South Korean government announced that it would promote active safety management strategy in primary aviation policy master plan of 2012. And, by integrating and state safety programmes(ssp) and safety management system(sms) for the safe management of Annex 19 is to enforce the policy on aviation safety standards. State safety programmes(ssp) is a system of activities for the aim of strengthening the safety and integrated management of the activities of government. State safety programmes(ssp) is important on the basis of the data of the risk information. Collecting aviation hazard information is necessary for efficient operation of the state safety programmes(ssp) Korean government must implement the strategy required to comply with aviation methods and standards of the International Civil Aviation Organization. Airlines, must strive to safety features for safety culture construction and improvement of safety management is realized. It is necessary to make regulations on the basis of the aviation practice, for aviation safety regulatory requirements, aviation safety should reflect the opinion of the aviation industry.

• Journal of the Korean Society for Aeronautical & Space Sciences
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• v.50 no.9
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• pp.647-655
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• 2022

The Russian government is expanding strategic cooperation with foreign countries, including production partnerships, in order to secure civil aircraft manufacturing technology and advanced materials, with the aim of becoming the world's third-largest civil aircraft producer. In addition, the Russian government supports the development of the aircraft manufacturing industry and reorganizes the aircraft certification organization to pursue systematic aviation safety and make great efforts in international cooperation and certification activities for the export of aviation products. Establishing a cooperative system for safety and certification of civil aircraft between countries requires a process of mutual understanding and trust in the overall certification system. Therefore in this study, we wanted to analyze Russia's aircraft certification organization, law system, certification procedures to help Russia understand its aircraft certification system.

• International Journal of Aeronautical and Space Sciences
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• v.13 no.3
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• pp.377-385
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• 2012

The Automatic Dependent Surveillance Broadcast (ADS-B) system is a key component of CNS/ATM recommended by the International Civil Aviation Organization (ICAO) as the next generation air traffic control system. ADS-B broadcasts identification, positional data, and operation information of an aircraft to other aircraft, ground vehicles and ground stations in the nearby region. This paper explores the ADS-B based trajectory prediction and the conflict detection algorithm. The multiple-model based trajectory prediction algorithm leads accurate predicted conflict probability at a future forecast time. We propose an efficient and accurate algorithm to calculate conflict probability based on approximation of the conflict zone by a set of blocks. The performance of proposed algorithms is demonstrated by a numerical simulation of two aircraft encounter scenarios.

• The Korean Journal of Air & Space Law and Policy
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• v.18
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• pp.185-209
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• 2003

이 논문은 21세기 우주개발로 인하여 제기되는 국제우주법의 장래 과제를 분석한 것이며 따라서 1967년 우주조약을 비롯한 기존의 5개 국제우주조약들과 '연성법'(soft law)으로서의 우주법인 5개의 UN결의들은 간략하게 소개하고 lex ferenda로서 제기되는 문제들을 중심으로 연구하였다. 21세기 국제우주법의 lex ferenda로 제기되는 문제는 다음과 같다. 첫째. 우주의 정의 및 경계획정문제와 지구정지궤도(GSO)의 성격과 활용의 문제가' 외기권 우주의 평화적 이용에 관한 위원회'(COPUOS)의 법률소위원회를 중심으로 어떻게 진행되고 있는가 하는 문제를 검토하였고, 둘째. 대기권 상공과 외기권 우주를 비행할 수 있는 새로운 우주운송수단으로 등장하고 있는 우주항공기(Aerospace Vehicle)가 기존의 항공법과 우주법의 관계에서 어떠한 법의 적용을 받아야 하는가의 문제를 검토하였다. 셋째. 그리고 통신위성을 이용하면서 발생하는 저작권법(copy right law) 및 지적재산권(intellectual property) 등의 문제 그리고 우주보험을 포함한 우주의 상업적 이용에서 발생하는 법규범의 문제를 검토하였고, 넷째. 우주활동으로 인해 발생하는 우주잔해(space debris)와 우주환경문제를 다루었다. 마지막으로 그리고 기타 국제우주법관련문제 특히 우주활동을 원활하게 수행하기 위한 '우주물체'(space objects)와 그와 관련된 용어들의 정확한 개념 정의를 명확하게 할 필요성과 우주의 상업적 이용과 우주의 오로지 평화적인 목적을 위하여 중요한 역할을 할 국제민간항공기구(ICAO)나 국제해사기구(IMO)와 같은 장래의 국제민간우주기구(International Civil Space Organization) 등의 설립문제를 검토하였다.

• The Korean Journal of Air & Space Law and Policy
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• v.4
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• pp.7-35
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• 1992

The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.