• Ocean and Polar Research
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• v.29 no.1
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• pp.43-53
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• 2007

Recently, controversy over intellectual property rights for protecting genetic resources and traditional knowledge has been emerging. Very active debates and global discussions are being carried out in various international organizations for possible approaches to be taken for these properties, and for the fair and equal sharing of the benefits from these intellectual properties. There is a need to evaluate adopting a sui generis system which is being pushed by developing nations, or adopting a policy which will guaranteee benefit sharing such as sharing royalties from marketing final products, technical transfers, capacity building, and participating in research activities. Also, it is very important to examine the legal issues concerning genetic resources based on Convention on Biological Diversity for the fair and equal sharing of the benefits with developing nations, at the same time assuring developed nations of access to genetic resources.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2001.10a
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• pp.295-299
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• 2001

1912 April 14th tietanik is in favor disaster at marine accident to do and the world-wide various nations, to be to a marine, after providing the treaty for an immediacy with international agreement there are by all vessels and the radio communication equipment for immediacy navigation they establish. Also by a vessel immediacy law 4th favor regulation even from our country in order to establish a radio communication equipment. But it is a GMDSS and it follows in introduction of new communication system and the region change is brought about in vessel communication system and the many problem point occurs. Against the problem point of the our country marine communication which it follows hereupon it researches and it does to sleep.

• Journal of Korea Trade
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• v.24 no.2
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• pp.15-30
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• 2020

Purpose - This paper investigates the theories and practices of Most-Favored-Nation (MFN) clauses. The MFN clause became a controversial issue during the past two decades, especially in the context of investment arbitration. This paper aims to clarify a reasonable way to apply MFN clauses. It in particular focuses on the territoriality requirements and the scope of investment activity which are common features included in most of investment treaties. Design/methodology - This paper analyses two investment arbitration cases, Ansung Housing and Beijing Urban Construction. Through the case study, this paper reveals limitations of the currently dominant views on the operation of MFN clauses. It then tries to reconstruct the system of MFN application within the relevant arbitration principles. Findings - Tribunals of recent investment arbitration as represented in the two cases above employed strict literal interpretation of the treaty provisions, especially of the phrase "in its territory". This paper finds a more functional interpretation is appropriate and consistent with theories of public international law and developments of global economy. Originality/value - Existing studies either stuck to literal interpretation or suggested more flexible interpretation of the phrase "in its territory" without full explanation. This paper tries to fill the gap in the existing discussion by analyzing legal foundations and theoretical structure for an effective interpretation of MFN clauses.

• Journal of the Society of Naval Architects of Korea
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• v.56 no.3
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• pp.263-272
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• 2019

The aim of this study is to develop a rapid calculation technique of the residual strength in order to prevent sequential events under grounding accidents. Very Large Crude-Oil Carrier (VLCC), Suezmax, and Aframax double hull oil tankers carrying large quantities of crude oil were selected for target structures. The rock geometries are chosen from the published regulation by Marine Pollution Treaty (MARPOL) of the International Maritime Organization (IMO). Oceanic rocks as the most frequently encountered obstruction with ships are applied in this work. Damage condition was predicted using ALPS/HULL program based on grounding scenario with selected parameters, i.e. depth of penetration, damage location and tanker type. The results of the scenarios are quantified to form an empirical formula which can evaluate the residual strength. The proposed formula is validated by applying a series of random grounding scenarios.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.33-51
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• 2022

According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.127-160
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• 2014

The UN COPUOS was established in 1959 as a permanent committee of the UN General Assembly with the aims to promote international cooperation in peaceful uses of outer space, to formulate space-related programmes within the UN, to encourage research and dissemination of information on space, and to study legal problems arising from the outer space activities. Its members have been enlarged from 24 members in 1959 to 76 in 2014. The Legal Subcommittee, which has been established under COPUOS in 1962 to deal with legal problems associated with space activities, through its first three decades of work has set up a framework of international space law: the five treaties and agreements - namely the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, Moon Agreement - and the five declarations and legal principles. However, some sceptical views on this legal framework has been expressed, concerning the applicability of existing international space law to practical issues and new kinds of emerging space activities. UNISPACE III, which took place in 1999, served as a momentum to revitalize the discussions of the legal issues faced by the international community in outer space activities. The agenda of the Legal Subcommittee is currently structured into three categories: regular items, single issue/items, and items considered under a multi-year workplan. The regular items, which deal with basic legal issues, include definition and delimitation of outer space, status and application of the five UN treaties on outer space, and national legislation relevant to the peaceful exploration and use of outer space. The single issues/items, which are decided upon the preceding year, are discussed only for one year in the plenary unless renewed. They include items related to the use of nuclear power sources in outer space and to the space debris mitigation. The agenda items considered under a multi-year work plan are discussed in working group. Items under this category deal with non-legally binding UN instruments on outer space and international mechanism for cooperation. In recent years, the Subcommittee has made some progress on agenda items related to nuclear power sources, space debris, and international cooperation by means of establishing non-legally binding instruments, or soft law. The Republic of Korea became the member state of COPUOS in 2001, after rotating seats every two years with Cuba and Peru since 1994. Korea's joining of COPUOS seems to be late, in considering that some countries with hardly any space activity, such Chad, Sierra Leone, Kenya, Lebanon, Cameroon, joined COPUOS as early as 1960s and 1970s and contributed to the drafting of the aforementioned treaties, declarations, and legal principles. Given the difficulties to conclude a treaty and un urgency to regulate newly emerging space activities, Legal Subcommittee now focuses its effort on developing soft law such as resolutions and guideline to be adopted by UN General Assembly. In order to have its own practices reflected in the international practices, one of the constituent elements of international customary law, Korea should analyse its technical capability, policy, and law related to outer space activities and participate actively in the formation process of the soft law.

• The Korean Journal of Air & Space Law and Policy
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• v.21 no.1
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• pp.29-63
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• 2006

This paper studied and introduced the aviation law cases in applying the treaties of the Warsaw System to the liability of the international air carrier by categorizing four main sections. Firstly, this paper handled the cases regarding the defining an international flight, exclusivity of the treaties as international air carrie's liability Convention, determining treaty relationship between the countries which one country has ratified only the Hague Protocol, an amended version of the Warsaw Convention, while the other has ratified only the original, unamended Warsaw Convention. Annotation assisted the case if it needed. Secondly, the cases relating to the issues of actual and contracting carrier, successive carrier, agents and servants of the carrier and others were studied. Thirdly, the issues relating to the accident in the course of any operations of embarking or disembarking of passengers, the occurrence during the transportation by air of baggage or goods and delay in the transportation by air of passengers, baggage or goods in addition to the cancellation of the flights were studied according to the applicable range. Fourthly, I studied the time issue with effective date of the treaties. Conclusively, it is not excessive to emphasize the importance of cases in Aviation Law like all other legal areas, therefore, a full-dress future reaserch of aviation cases is expected in here Korea with this paper as a foundation although it studied and introduced only a part of numerous aviation law cases.

• Journal of Internet of Things and Convergence
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• v.6 no.1
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• pp.1-8
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• 2020

Following the advanced fuel cycle initiative (AFCI) promotions in the United States, the analytic proposition for global fuel cycle initiative (GFCI) has been investigated using dynamical simulations. The political and economic aspects are considered simultaneously due to the particular characteristics of the nuclear materials. The spent nuclear fuels (SNFs) are treated as the reprocessing by the nuclear non-proliferation treaty (NPT) exemption nations and the NPT excluded nations. Otherwise, the pyroprocessing and repository can be done without NPT restriction. In addition, the international trade is considered as the economic aspect where the energy production is a key issue of the GFCI. The dynamical simulations have been done until 2050. The result of the International Trade shows the gradually increasing shape. Additionally, the Nuclear Power Plant Operation shows the increasing by stepwise shape.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2006.11a
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• pp.15-41
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• 2006

The increasing popularity of the concept of technology innovation has been driven by greater international competition in a rapidly globalizing economy. Both countries and enterprises are placing more and more emphasis on it in order to gain competitive advantages. This article gives a general introduction about the research and application of technology innovation in China. At the national level, one obvious fact is that the total R&D expenditure increased rapidly during the year 2001 to year 2005 and reached Y 245 billions, and China made 2,452 international patent applications in 2005 and became the world's 10th largest user of the Patent Cooperation Treaty. At the industry and enterprise level, much progress has also been made in China. This article uses the high-tech industry as an example to introduce the industry and enterprise technology innovation respectively. Corresponding to the practice, scholars also did a great amount of research work related to technology innovation. This article sums up all the work done from the macroscopic aspect (such as national technology innovation strategy, regional innovation system, industry technology innovation) and microcosmic aspect (such as enterprise technology innovation strategy, patterns and evaluation standards). Based on the analysis, this article discusses the limitation of current work and research trend about the technology innovation.

• The Korean Journal of Air & Space Law and Policy
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• v.20 no.2
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• pp.277-292
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• 2005

The major object of the Space Exploitation Act lies in defining and governing the object and definition which is distinct from the ones regulated by the Aerospace Industry Act. The concept of "space exploitation" defined in the Act is defined for that purpose. The space exploitation is defined as a comprehensive concept including the research and development of the space technology which is only enabled through the actual utilization and space exploration activities. Based upon such conceptualization, any problem related to the present legal system might be put up with, especially space exploitation being differentiated from the space industry. On the other hand, the Act is to make the international obligations derived from the international treaties be fulfilled through the minimal regulation with respect to the space activities such as space object registration procedure, the licensing regime of launching activities from the korean territory, etc.