• The Korean Journal of Air & Space Law and Policy
• /
• v.28 no.2
• /
• pp.223-258
• /
• 2013

1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "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", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

• Journal of the Korean Institute of Traditional Landscape Architecture
• /
• v.37 no.2
• /
• pp.74-88
• /
• 2019

This study developed the Assessment Indicator evaluating eco-cultural value of temple forest in Korea and applied the developed Assessment Indicator to Songgwang-sa(also known as Seungbo-sachal), one of the Three Jewels Temple. Literature reviews and the draft of Assessment Indicator were drawn from brainstorming(including 2 forest therapy experts, 1 Buddhist monk expert, 1 landscape architect, 1 forest expert, and 6 researchers). After that, the Assessment Indicator drawn from the group of experts(the 1st in-depth interview: 32 people, the 2nd in-depth interview: 30 people) was verified and revised. The final Assessment Indicator, which was composed of 4 parts and 20 items, was developed. The results are as follows. The eco-cultural Assessment Indicator of temple forest was composed of 4 parts, which were Historical Cultural value, Ecological value, Recreatory Visitational value, and Educational Useful value, and 20 items and each item had 5 points. Historical Cultural value had 5 items and its total points were 25. Ecological value had 5 items and had total 25 points. Recreatory Visitational value had 6 items, 30 total points. Educational Useful value had 4 items, 20 total points. The total points of the eco-cultural Assessment Indicator were 100 points. As a result of applying the developed Assessment Indicator to the target place, Songgwang-sa in Mt. Jogye, Historical Cultural value of temple forest was calculated as 23 points(out of 25). Ecological value was 21 point(out of 25), Recreatory Visitational value, 22 points(out of 30), and Educational Useful value, 16 points(out of 20). The total points were 82(out of 100). Consequently, this study is meaningful based on the following 5 aspects. Firstly, this study challenged the development of the eco-cultural Assessment Indicator of temple forest for the first time. It is significant because the developed Assessment Indicator can be a useful resource for the eco-cultural value of temple forest. Secondly, the result showed that Educational Useful value and Recreatory Visitational value of forest temple were very low. Therefore, the supports for leisure, tour, education, and use of temple forest are needed from Korea Forest Service, Ministry of Environment, Cultural Heritage Administration and other government agencies since they acknowledge the temple forest as the best customers in Korea. Thirdly, the excellence or for eco-cultural value of temple forest needs to be extended in a national level. It is possible to make a Korean National Bran(e.g., the Therapy at the Temple) by blending temple stay, which is only in temples, and therapy, and is also possible to be a global tour industry. Fourthly, this study suggested legal definition about the necessary of legal definition for temple forest because there is no legal definition on temple forest in the current situation. When the definition of temple forest is legally arranaged, it would be a foundation for conserving eco-cultural value of temple forest, for organizing exclusively responsible departments in governmental institutions, and further for registering temple forest as World Natural Heritage. Lastly, the developed eco-cultural Assessment Indicators of temple forest from this study would be applied to "the 7 Sansa, Buddhist Mountain Monasteries in Korea(Sansa)" and the characteristics of each 7 temple are drawn. This study would be a basic data for temples' management and use with the eco-cultural Assessment Indicator of temple forest.