• The Korean Journal of Air & Space Law and Policy
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• v.5
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• pp.53-75
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• 1993

This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.87-109
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• 2007

This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.159-184
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• 2014

Climate change is one of the biggest dangers facing all living creatures in the earth. It has been understood that emissions of greenhouse gases from human activity is the cause of climate change. Cars are responsible for around 12% of total EU emissions of CO2, the main greenhouse gas. The United Nations Framework Convention on Climate Change (UNFCCC or FCCC) is an international environmental treaty adopted at the United Nations Conference on Environment and Development (UNCED) on 9 May, 1992, which entered into force on 21 March 1994. The European Commission first adopted a Community Strategy to reduce CO2 emissions from cars in 1995. On 19 December 2007, the European Commission proposed "Proposal for Setting emission performance standards for new passenger cars to reduce CO2 emissions", which was adopted on 23 April 2009 as "Regulation (EC) No 443/2009". Prior to submitting the Proposal, the European Commission performed impact assessment and prepared impact assessment report which was reviewed by the Impact Assessment Board. The objective of this Regulation is to set emission performance standards for new passenger cars registered in the Community, which forms part of the Community's integrated approach to reducing CO2 emissions from light-duty vehicles while ensuring the proper functioning of the internal market. In the event that a manufacturer fails to meet its target, it will be required to pay an excess emissions premium in respect of each calendar year from 2012 onwards. On 11 March 2014, Regulation (EC) No 333/2014 amending Regulation (EC) No 443/2009 was adopted. Regulation (EC) No 333/2014 amends Regulation (EC) No 443/2009 to implement the modalities of meeting the 95g CO2/km target for new passenger cars to be reached in 2020. As industry benefits from indications of the regulatory regime that would apply beyond 2020, the Regulation includes a further review to take place by, at the latest, 31 December 2014.

• Journal of the Korea Society of Computer and Information
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• v.17 no.12
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• pp.61-69
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• 2012

This paper shows results of the precise time comparison technique based on GPS code transfer in order to determine the UTC(Universal Time Coordinated) and generate TAI(International Atomic Time). CGGTTS(CCTF Group on GNSS Time Transfer Standards) which is generated by GPS timing receivers is used as the international standard format. For geodetic receivers which provide RINEX formats as GPS time transfer results, ROB(Royal Observatory of Belgium) developed a conversion program, r2cggtts, and have distributed the program to timing laboratories participating in TAI link all over the world. Timing laboratories generate the time comparison results of GPS code transfer by the program and send them to BIPM(Bureau International des Poids et Mesures) periodically. In this paper, we introduce the delay features generated while GPS code is transferred and the calibration methods of them. Then, we introduce the tropospheric delay and analyze the results of Saastamoinen model and NATO(North Atlantic Treaty organization) model. Saastamoinen model is the representative tropospheric zenith path delay model and NATO model is applied to the legacy r2cggtts program.

• Asian review of World Histories
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• v.4 no.1
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• pp.3-34
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• 2016

This introduction is both a statement of a research problem and an account of the first research results for its solution. As more historical databases come online and overlap in coverage, we need to discuss the two main issues that prevent 'big' results from emerging so far. Firstly, historical data are seen by computer science people as unstructured, that is, historical records cannot be easily decomposed into unambiguous fields, like in population (birth and death records) and taxation data. Secondly, machine-learning tools developed for structured data cannot be applied as they are for historical research. We propose a complex network, narrative-driven approach to mining historical databases. In such a time-integrated network obtained by overlaying records from historical databases, the nodes are actors, while thelinks are actions. In the case study that we present (the world as seen from Venice, 1205-1533), the actors are governments, while the actions are limited to war, trade, and treaty to keep the case study tractable. We then identify key periods, key events, and hence key actors, key locations through a time-resolved examination of the actions. This tool allows historians to deal with historical data issues (e.g., source provenance identification, event validation, trade-conflict-diplomacy relationships, etc.). On a higher level, this automatic extraction of key narratives from a historical database allows historians to formulate hypotheses on the courses of history, and also allow them to test these hypotheses in other actions or in additional data sets. Our vision is that this narrative-driven analysis of historical data can lead to the development of multiple scale agent-based models, which can be simulated on a computer to generate ensembles of counterfactual histories that would deepen our understanding of how our actual history developed the way it did. The generation of such narratives, automatically and in a scalable way, will revolutionize the practice of history as a discipline, because historical knowledge, that is the treasure of human experiences (i.e. the heritage of the world), will become what might be inherited by machine learning algorithms and used in smart cities to highlight and explain present ties and illustrate potential future scenarios and visionarios.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.33-55
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• 2019

This study is aimed at drawing up improvement measures in connection with the resolution of claims, one of the major constraints in revitalizing South-North Korean economic cooperation. To that end, we first looked at the structure of South-North Korean economic cooperation and the institutional status related to resolving the claims. Also we analyzed the current status of the claims in the process of promoting South-North Korean economic cooperation by companies and the provisions of the claims between the parties in order to derive any problems. Through these research results, we were able to identify directions and implications for efficient improvement of the causes of several South-North Korean economic cooperation claims. First, at the corporate level, there is a need to create specific details of a contract for resolving disputes and to add additional third-party coordination functions in the relevant clause of the contract in preparation for the occurrence of a dispute. In addition, it is necessary to seek ways to advance jointly with corporations in China and other third countries in order to secure stability. Second, the government should continue to discuss ways of promoting South-North Korean commercial arbitration with North Korea so that follow-up measures can be completed as soon as possible. In addition, a two-track strategy is suggested to provide a practical negotiation channel at the private level. Also it is necessary to be active in persuading North Korea to join the international arbitration treaty in preparation for the activation of full-fledged economic exchanges.

• Proceedings of the Korea Water Resources Association Conference
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• 2011.05a
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• pp.3-3
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• 2011

After the dissolution of the Soviet Union, the Kra-Araks Basin (KAB) became an international river basin with respect to the South Caucasus states of Armenia, Azerbaijan, and Georgia. However, there are no agreements regarding water allocation, water quality, or ecosystem maintenance among the aforementioned riparians. The main water problems in the basin include not only water quantity and quality, but also the lack of joint management. The aforementioned countries share many similar circumstances: location in a politically unstable but strategic region bureaucratic and structural issues; and more importantly, ongoing ethnic and related conflicts. Despite these obstacles, the countries recognize that they depend greatly on the basin, whose waters they must share. To that end, they proposed and participated in the joint NATO-OSCE South Caucasus River Monitoring (SCRMP) project between 2002 and 2009.The SCRMP sought to investigate and characterize the surface water quality in the KAB by providing equipment and training to all three countries. Several years' worth of water quality data were collected in the KAB: major ions; heavy metals; POPs (persistent organic pollutants); and radionuclides; The North Atlantic Treaty Organization (primary funder) and the Organization for Security and Co-operation in Europesupported the SCRMP not only to build capacity but also to promote cooperation and minimize conflict over water and other resources, thus providing a measure of security for Europe and other regions. The South Caucasus is a strategically-important region, functioning as a bridge between Asia and Europe. Energy-rich Azerbaijan seeks to become a key player in trade by serving as a transportation and energy hub between the energy and mineral-rich Central Asian KUT countries (Kazakhstan, Uzbekistan, and Turkmenistan) and Western Asia, Europe, and other areas. The presentation will summarize the scientific results of the SCRMP, elucidate the regional water-energy-security nexus, discuss future work in the region, and explain why the world needs to be concerned about the KAB and the entire South Caucasus.

• Journal of Environmental Health Sciences
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• v.34 no.4
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• pp.316-326
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• 2008

The Earth's temperature has risen $0.76^{\circ}C$ (degree) during last 100 years which Implies a sudden rise, compare with the 4oC (degrees) rise through out the past 20,000 years. If the volume of GHG (Greenhouse Gas) emission continues at the current level, the average temperature of the Earth will rise by $1^{\circ}C$ (degree) by 2030 with the further implication that the temperature of Earth will rise by $2{\sim}5^{\circ}C$ (degrees) every 100 years. Therefore, as we are aware that the temperature of the glacial epoch was $8{\sim}9^{\circ}C$ (degrees) lower than the present time, we can easily predict that the above temperature rises can be potentially disastrous for human life. Every country in the world recognizes theseriousness of the current climate change and adopted a convention on climate change in June 1992 in Rio. The COP1 was held in March 1995 in Berlin and the COP3 in Dec. 1997 in Kyotowhere the target (2008-2012) was determined and the advanced nations' reduction target (5.2%, average)was also agreed at this conference. Korea participated in the GHG reduction plan which required the world's nations to ratify the Kyoto Protocol. Ratification of the Kyotoprotocol and the followup requirement to introduce an international emissions trading scheme will require severe reductions in GHGs and considerable economic consequences. USA are still refusing to fully ratify the treaty as the emission reductions could severely damage the economies of these countries. In order to estimate the exact $CO_2$ emission, this study statistically analyzed $CO_2$ emission of each country based on the following variables : level of economic power and scientific development, the industrial system, productivity and energy efficiency.

• Journal of Environmental Impact Assessment
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• v.28 no.4
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• pp.400-412
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• 2019

The process of assessing environmental values and impacts is subjective and depends on predictions, limiting the securing of scientific rationality. Therefore, it is necessary to make a supplement by securing procedural rationality. This study has been tried to secure procedural rationality of EIA based on information disclosure system. The Aarhus Convention is an international treaty that defines the right of the public to access to environmental information and to participate in decision-making. This study evaluates Korean EIA information disclosure system by deriving 10 indicators based on the provisions on information disclosure presented in the Aarhus Convention. As a result, the five indicators were satisfied in terms of direction of information disclosure and provision. And the four indicators for the basis of utilization and process are required to be supplemented by detailed regulations. Finally, we derive the need for research on the asymmetry of expertise and acceptability of EIA system through public understanding indicators.

• Korea Trade Review
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• v.48 no.1
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• pp.55-81
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• 2023

The purpose of this study is to analyze the main issues and trends of Korean trade, and to draw implications for future research regarding trade rules. A total of 476 academic journal are analyzed using English keyword searched for 'Trade Rules' from 2000 to July 2022 in the Korean Journal Citation Index data base. The analysis methodology includes co-occurrence network and topic trend analysis which is a kind of text mining methods. The results shows that key words representing Korea's trade trend fall into four categories in which the number of research journals has rapidly increased, which are Topic 4 (Investment Treaty), Topic 7 (Trade Security), Topic 8 (China's Protectionism), and Topic 11 (Trade Settlement). The major background for these topics is the tension between the United States and China threatening the existing international trade system. A detailed study for China's protectionism, changes in trade security system, and new investment agreements, and changes in payment methods will be the challenges in near future.