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The Liability for Damage and Dispute Settlement Mechanism under the Space Law (우주법상 손해배상책임과 분쟁해결제도)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.173-198
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    • 2010
  • The purpose of this paper is to research on the liability for the space damage and the settlement of the dispute with reference to the space activity under the international space treaty and national space law of Korea. The United Nations has adopted five treaties relating to the space activity as follows: The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties have come into force. Korea has ratified above four treaties except the Moon Treaty. Korea has enacted three national legislations relating to space development as follows: Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, the national tort liability for damage by space launching object, the national measures for dispute prevention and international consultation in the exploration and use of outer space, the joint resolution of practical questions by international inter-governmental organizations in the exploration and use of outer space. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, the exercise period of the claim right of compensation for damage. The Liability Convention of 1972 should be improved as follows: the problem in respect of the claimer of compensation for damage, the problem in respect of the efficiency of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, the establishment of the Space Damage Compensation Review Commission. The 1998 Final Draft Convention on the Settlement of Disputes Related to Space Activities of 1998 by ILA regulates the binding procedure and non-binding settlement procedure for the disputes in respect of space activity. The non-binding procedure regulates the negotiation or the peaceful means and compromise for dispute settlement. The binding procedure regulates the choice of a means among the following means: International Space Law Court if it will be established, International Court of Justice, and Arbitration Court. The above final Draft Convention by ILA will be a model for the innovative development in respect of the peaceful settlement of disputes with reference to space activity and will be useful for establishing the frame of practicable dispute settlement. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and dispute settlement, and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

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The Limnological Survey and Phosphorus Loading of Lake Hoengsung (횡성호의 육수학적 조사와 인부하)

  • Kwon, Sang-Yong;Kim, Bom-Chul;Heo, Woo-Myung
    • Korean Journal of Ecology and Environment
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    • v.37 no.4 s.109
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    • pp.411-422
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    • 2004
  • A limnological survey was conducted in a reservoir, Lake Hoengsung located in Kangwondo, Korea, from July 2000 to September 2001 on the monthly basis. Phosphorus loading from the watershed was estimated by measuring total phosphorus concentration in the main tributary. Secchi disc transparency, epilimnetic (0-5 m) turbidity, chlorophyll a (Chl-a), total phosphorus (TP), total nitrogen(TN) and silica concentration were in the range of 0.9-3.5 m, 0.1-8.5 NTU, 0.3-32.4 mgChl $m^{-3}$, 5-46 mgP $m^{-3}$, 0.83-3.55 mgN $L^{-1}$ and 0.5-9.6 mgSi $L^{-1}$, respectively. Green algae and cyanobacteria dominated phytoplankton community in warm seasons, from July through October, 2000. In July a green alga (Scenedesmus sp.) was dominant with a maximum cell density of 10,480 cells mL. Cyanobacteria (Microcystics sp.) dominated in August and September with cell density of 3,492 and 295 cells mL ,respectively. Species diversity of phytoplankton was highest (2.22) in July. The trophic state of the reservoir can be classified as eutrophic on the basis of TP, Chl-a, and Secchi disc transparency. Because TP concentration was high in flood period, most of phosphorus loading was concentrated in rainy season. TP loading was calculated by multiplying TP and flow rate. The dam managing company measured inflow rate of the reservoir daily, while TP was measured by weekly surveys. TP of unmeasured days was estimated from the empirical relationship of TP and the flow rate of the main tributary; $TP=5.59Q^{0.45}\;(R^2=0.47)$. Annual TP loading was calculated to be 4.45 tP $yr^{-1}$, and the areal P loading was 0.77 gP $m^{-2}\;yr^{-1}$ which is similar to the critical P loading for eutrophication by Vollenweider's phosphorus model, 0.72 gP $m^{-2}\;yr^{-1}$.

The Study on Quantifying and Evaluating for the Functions of Flood Control and Fostering Water Resources in Agriculture (농업의 홍수조절기능과 수자원함양기능 계량화 및 가치평가에 관한 연구)

  • Seo, Myung-Chul;Kang, Ki-Kyung;Hyun, Byung-Geun;Yun, Hong-Bae;Eom, Ki-Cheol
    • Korean Journal of Soil Science and Fertilizer
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    • v.41 no.2
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    • pp.143-152
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    • 2008
  • In order to share the understanding agricultural multifunctionality with people, we carried out quantification and monetary evaluation for controlling flood and fostering water resources function in paddy and upland farming in Korea. The amount of water controlling flood and fostering water resources function in paddy farming was much greater than that in upland. The quantification of flood control function could be estimated by sum of the height of dike and water infiltrated during the flooding periods in paddy farming, and water excepting runoff water from precipitation at flooding time in upland farming. As results of estimation of flood control function, the amounts of water controlling flood have been evaluated as $294mm\;year^{-1}$ in paddy farming and $72.6mm\;year^{-1}$ upland farming, and was calculated 3.71 billion MT on a nation basis in 2006. When it was carried out monetary estimation as the cost of dam construction and the depreciation expense by using replacement cost method, flood control functions in paddy and upland were evaluated as 44,338.9 and 7,221.5 billion won, respectively. Comparing with previous reports, monetary value was analyzed much to increase because of rising price cost recently. Fostering water resource functions were also quantified in paddy and upland farming as the amount of water keeping and infiltrating water during the cultivation. In the basis of estimation model, it was showed that paddy and upland farming had been estimated to have $414.28mm\;year^{-1}$, $18.7mm\;year^{-1}$, respectively. They were also calculated to 4.49 and 0.137 billion MT on a nation basis in 2006, respectively. The economic values of fostering water resources function in paddy and upland farming were also estimated to 1,769.4 and 52.8 billion won, respectively, as replacing the amount of water to the cost of drinking water in 2006. There were differences by much to the amounts of controlling flood function and fostering water resource between paddy and upland farming. It means that paddy farming more play an important role in environment than upland farming in Korea.

Development of Strategies to Improve Water Quality of the Yeongsan River in Connection with Adaptation to Climate Change (기후변화의 적응과 연계한 영산강 수질개선대책 개발)

  • Yong Woon Lee;Won Mo Yang;Gwang Duck Song;Yong Uk Ryu;Hak Young Lee
    • Korean Journal of Ecology and Environment
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    • v.56 no.3
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    • pp.187-195
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    • 2023
  • Almost all of the water from agricultural dams located to the upper of the Yeongsan river is supplied as irrigation water for farmland and thus is not discharged to the main stream of the river. Also, most of the irrigation water does not return to the river after use, adding to the lack of flow in the main stream. As a result, the water quality and aquatic health of the river have become the poorest among the four major rivers in Korea. Therefore, in this study, several strategies for water quality improvement of the river were developed considering pollution reduction and flow rate increase, and their effect analysis was performed using a water quality model. The results of this study showed that the target water quality of the Yeongsan river could be achieved if flow increase strategies (FISs) are intensively pursued in parallel with pollution reduction. The reason is because the water quality of the river has been steadily improved through pollution reduction but this method is now nearing the limit. In addition, rainfall-related FISs such as dam construction and water distribution adjustment may be less effective or lost if a megadrought continues due to climate change and then rainfall does not occur for a long time. Therefore, in the future, if the application conditions for the FISs are similar, the seawater desalination facility, which is independent of rainfall, should be considered as the priority installation target among the FISs. The reason is that seawater desalination facilities can replace the water supply function of dams, which are difficult to newly build in Korea, and can be useful as a climate change adaptation facility by preventing water-related disasters in the event of a long-term megadrought.