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The International Arbitration System for the Settlement of Investor-State Disputes in the FTA (FTA(자유무역협정)에서 투자자 대 국가간 분쟁해결을 위한 국제중재제도)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.181-226
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    • 2008
  • The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

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Exceptional Characteristics of Cross-border Production Networks in Dandong, North Korea-China Border Region (북중 접경지역 단둥의 대북 생산 네트워크의 예외적 성격)

  • Lee, Sung-Cheol;Kim, Boo-Heon;Chung, Su-Yeul;Kim, Minho;Chi, Sang-Hyun
    • Journal of the Economic Geographical Society of Korea
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    • v.20 no.3
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    • pp.329-352
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    • 2017
  • Since the late 2000s Korean foreign direct investors in North Korea and China border regions have gone through the closure of outward processing trade(OPT) networks and changes in their location due to UN security council resolution and Korean independent sanctions against North Korea's nuclear and missile tests. However, the introduction of new Chinese OPT policy has led to the invigoration of domestic market-based OPT networks towards North Korea. The main aim of this paper is to identify the exceptional characteristics of Dandong in Liaoning province, a North Korea and China border region by analyzing OPT networks towards North Korea. Fundamentally the establishment of OPT networks towards North Korea is likely to be based on the utilization of a plenty of low wages in North Korea. The main reasons for this are fallen into two perspectives: geo-economics and geo-politics. The first perspective is geo-economics centering on the consolidation of economic exchange between North Korea and China, and North Korean economic development. For example, the introduction of Chinese OPT in border region has enabled Chinese local firms based on domestic market to access a plenty of low wage in North Korea in formal and institutional contexts. The second is geo-politics for the stability of North Korean regime based on the means of geo-economics. As the invigoration of domestic market-based OPT networks might make North Korea possible promoting foreign money earning, it enable North Korea to be sustainable as a buffering region between capitalist and socialist regime for China. It shows Chinese geo-strategic attempts to deal with the economic and regime stability of North Korean as a buffering state. In other words, OPT networks in North Korea should be concerned with the discourse practice of geo-economics and geo-politics which might lead to various and contingent spatial economies in border region. As a consequence, North Korea and China border regions could defined as a space in which is applicable to exceptional institutions and policies, and an exploitative space in which create surplus and rents by utilizing a plenty of low wages in North Korea through OPT networks.

An Analysis for Deriving New Convergent Service of Mobile Learning: The Case of Social Network Analysis and Association Rule (모바일 러닝에서의 신규 융합서비스 도출을 위한 분석: 사회연결망 분석과 연관성 분석 사례)

  • Baek, Heon;Kim, Jin Hwa;Kim, Yong Jin
    • Information Systems Review
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    • v.15 no.3
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    • pp.1-37
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    • 2013
  • This study is conducted to explore the possibility of service convergence to promote mobile learning. This study has attempted to identify how mobile learning service is provided, which services among them are considered most popular, and which services are highly demanded by users. This study has also investigated the potential opportunities for service convergence of mobile service and e-learning. This research is then extended to examine the possibility of active convergence of common services in mobile services and e-learning. Important variables have been identified from related web pages of portal sites using social network analysis (SNA) and association rules. Due to the differences in number and type of variables on different web pages, SNA was used to deal with the difficulties of identifying the degree of complex connection. Association analysis has been used to identify association rules among variables. The study has revealed that most frequent services among common services of mobile services and e-learning were Games and SNS followed by Payment, Advertising, Mail, Event, Animation, Cloud, e-Book, Augmented Reality and Jobs. This study has also found that Search, News, GPS in mobile services were turned out to be very highly demanded while Simulation, Culture, Public Education were highly demanded in e-learning. In addition, It has been found that variables involving with high service convergence based on common variables of mobile and e-learning services were Games and SNS, Games and Sports, SNS and Advertising, Games and Event, SNS and e-Book, Games and Community in mobile services while Games, Animation, Counseling, e-Book, being preceding services Simulation, Speaking, Public Education, Attendance Management were turned out be highly convergent in e-learning services. Finally, this study has attempted to predict possibility of active service convergence focusing on Games, SNS, e-Book which were highly demanded common services in mobile and e-learning services. It is expected that this study can be used to suggest a strategic direction to promote mobile learning by converging mobile services and e-learning.

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The Effect of Home economic education teaching plans for students in academic and those in vocational high schools' 'Preparation for Successful aging' in the 'Family life in old age' unit -A comparative study between practical problem-teaching lesson plans and instructor-led teaching and learning plans- (인문계와 가사.실업 전문계 고등학생의 '성공적인 노후생활 준비교육'을 위한 가정과 수업의 적용과 효과 -실천적 문제 중심 수업과 강의식 수업을 중심으로-)

  • Lee, Jong-Hui;Cho, Byung-Eun
    • Journal of Korean Home Economics Education Association
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    • v.23 no.4
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    • pp.105-124
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    • 2011
  • To achieve this objective, practical problem-teaching lesson plans and instructor-led teaching and learning plans were developed and integrated into the Technology Home Economics, and Human Development curricula at both academic and vocational high schools. The impact of these plans was examined, as were connections between the teaching methods and types of schools. As part of this study, a survey was conducted on 1,263 students in 46 classes at 6 randomly selected high schools: 4 academic and 2 vocational. A total of 9 teachers conducted classes for both experimental and comparative groups between October 2009 and November 2010. Pre- and post-tests were used to study the impact of the lessons on the experimental and comparative groups. In terms of data analysis and statistics processing, this study implemented mean and standard deviations, t-test, and analysis of covariance using the SPSS 12.0 program. The results of this study are as follows. The practical problem-teaching lessons produced more positive results in the students than the instructor-led lessons, in terms of their image of the elderly, their level of knowledge about them, their understanding of their need for welfare services, and preparation for Successful aging. When comparing the results by type of school, the experimental groups at academic high schools appeared to have a more positive image and better understanding of the elderly and their need for welfare services, and were better prepared for Successful aging than during their previous lessons. They also showed an increase in independence from their children in aging. As for the comparative groups, students at academic high schools showed an increase in preparation for Successful aging compared to the previous lessons. Finally, as for future research on preparation for aging in high schools, more schools should include this subject in their regular curriculum for Technology Home Economics, Human Development and Home Economics in order to generalize the results, and they need to evaluate the content. Additionally, this study suggests that new high school curricula should include lessons on preparation for aging so that students can deal successfully with our aging society.

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The Application of Operations Research to Librarianship : Some Research Directions (운영연구(OR)의 도서관응용 -그 몇가지 잠재적응용분야에 대하여-)

  • Choi Sung Jin
    • Journal of the Korean Society for Library and Information Science
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    • v.4
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    • pp.43-71
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    • 1975
  • Operations research has developed rapidly since its origins in World War II. Practitioners of O. R. have contributed to almost every aspect of government and business. More recently, a number of operations researchers have turned their attention to library and information systems, and the author believes that significant research has resulted. It is the purpose of this essay to introduce the library audience to some of these accomplishments, to present some of the author's hypotheses on the subject of library management to which he belives O. R. has great potential, and to suggest some future research directions. Some problem areas in librianship where O. R. may play a part have been discussed and are summarized below. (1) Library location. It is usually necessary to make balance between accessibility and cost In location problems. Many mathematical methods are available for identifying the optimal locations once the balance between these two criteria has been decided. The major difficulties lie in relating cost to size and in taking future change into account when discriminating possible solutions. (2) Planning new facilities. Standard approaches to using mathematical models for simple investment decisions are well established. If the problem is one of choosing the most economical way of achieving a certain objective, one may compare th althenatives by using one of the discounted cash flow techniques. In other situations it may be necessary to use of cost-benefit approach. (3) Allocating library resources. In order to allocate the resources to best advantage the librarian needs to know how the effectiveness of the services he offers depends on the way he puts his resources. The O. R. approach to the problems is to construct a model representing effectiveness as a mathematical function of levels of different inputs(e.g., numbers of people in different jobs, acquisitions of different types, physical resources). (4) Long term planning. Resource allocation problems are generally concerned with up to one and a half years ahead. The longer term certainly offers both greater freedom of action and greater uncertainty. Thus it is difficult to generalize about long term planning problems. In other fields, however, O. R. has made a significant contribution to long range planning and it is likely to have one to make in librarianship as well. (5) Public relations. It is generally accepted that actual and potential users are too ignorant both of the range of library services provided and of how to make use of them. How should services be brought to the attention of potential users? The answer seems to lie in obtaining empirical evidence by controlled experiments in which a group of libraries participated. (6) Acquisition policy. In comparing alternative policies for acquisition of materials one needs to know the implications of each service which depends on the stock. Second is the relative importance to be ascribed to each service for each class of user. By reducing the level of the first, formal models will allow the librarian to concentrate his attention upon the value judgements which will be necessary for the second. (7) Loan policy. The approach to choosing between loan policies is much the same as the previous approach. (8) Manpower planning. For large library systems one should consider constructing models which will permit the skills necessary in the future with predictions of the skills that will be available, so as to allow informed decisions. (9) Management information system for libraries. A great deal of data can be available in libraries as a by-product of all recording activities. It is particularly tempting when procedures are computerized to make summary statistics available as a management information system. The values of information to particular decisions that may have to be taken future is best assessed in terms of a model of the relevant problem. (10) Management gaming. One of the most common uses of a management game is as a means of developing staff's to take decisions. The value of such exercises depends upon the validity of the computerized model. If the model were sufficiently simple to take the form of a mathematical equation, decision-makers would probably able to learn adequately from a graph. More complex situations require simulation models. (11) Diagnostics tools. Libraries are sufficiently complex systems that it would be useful to have available simple means of telling whether performance could be regarded as satisfactory which, if it could not, would also provide pointers to what was wrong. (12) Data banks. It would appear to be worth considering establishing a bank for certain types of data. It certain items on questionnaires were to take a standard form, a greater pool of data would de available for various analysis. (13) Effectiveness measures. The meaning of a library performance measure is not readily interpreted. Each measure must itself be assessed in relation to the corresponding measures for earlier periods of time and a standard measure that may be a corresponding measure in another library, the 'norm', the 'best practice', or user expectations.

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Exploring the Theoretical Trends of an Integrated Environmental Design (통합적 환경설계 이론 기초 연구)

  • Ahn, Myung-June;Pae, Jeong-Hann
    • Journal of the Korean Institute of Landscape Architecture
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    • v.37 no.2
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    • pp.14-25
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    • 2009
  • We live in an age which is exponentially growing as the knowledge paradigm is changing. New sites are subject to contemporary landscape architecture function as "fields" in which this hybrid aspect is both actively practiced and becoming a catalyst for change in the area of landscape architecture. With this as its background, this study attempts to deal with how the aspect of integration in environmental design is manifested. For this purpose, the tendencies for the discussion of integration in various fields of practice were examined: planning theories, urban theories, architecture, public environment, engineering, and landscape architecture. As yet, the discussions of interdisciplinary integration, which occur in practice in these respective fields, mainly tend to be oriented toward the effective implementation of the merits of other related fields. Seen from these examples of practice, integrated design approaches can be found in the following three aspects: design objects, respective professional areas, and methodologies of approaches and design. In terms of design objects, the positions of individual design subjects present themselves as most obvious, and integration or combination of the physical targets that come to exist through design can be easily seen. Most examples of integration turn out to be this, in almost every case of which the theme and the target of expression are integrated via a small number of certain methods. In terms of professional areas, what can be mainly evidenced is how the individual subject acts when the subject designs. The strong points of professionals from each field seem to create synergy, achieving through integration optimum results. In terms of methodologies of approaches and design, there are attempts to create integrated approaches as ways of effective decision-making, in which case the integration of all of the interest parties is of primary concern. As yet, few instances have been found in which integrated design has had enough strength to be seen as a concrete design methodology based on practical examples. However, it is encouraging that theoretical approaches and the necessity for integrated design have been identified from multiple perspectives, and that a practical movement such as landscape urbanism has come into active being. The authors of this study find this point in time to be ripe for discussions on integrated practices in terms of environmental design, on the basis of the synthetic approaches mentioned above.

Features of Korean Webtoons through the Statistical Analysis (웹툰 통계 분석을 통한 한국 웹툰의 특징)

  • Yoon, Ki-Heon;Jung, Kiu-Ha;Choi, In-Soo;Choi, Hae-Sol
    • Cartoon and Animation Studies
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    • s.38
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    • pp.177-194
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    • 2015
  • This study that had been conducted two months by a research team of Pusan National University at the request of Korea Manwha Contents Agency in Dec. 2013 is about the statistical analysis on 'Korean Webtoon DB and its Flow Report' which resulted from the complete survey of Korean webtoons which had been published with payment in official media from early 2000 to 2013. Webtoon which means the cartoons published on web has become a typical type of Korean cartoons and has developed into a main industry since 2000s when traditional published cartoons had declined and social environments had changed. Today, it represents cultural contents in Korea. This study collected the webtoons officially published in media with payment, among Korean webtoons having been published from the early 2000s to Jan. Based on the collected data, it analyzed the general characteristics of webtoons, including cartoonists, the number of cartoons, distribution chart of each media, genre, and publication cycle. According to the data analysis and statistics, a great deal of Korean webtoons are still published in main portal websites, but their platform is being diversified and a webtoon's publication cycle tends to be shortened. In terms of genre, traditional popular genres, such as drama, comic, fantasy, and action, are still popular, and the genres of history, sports, and food are on the rise along with a social trend. Regarding webtoon application, such events as relay webtoon and brand webtoon, and a new type of webtoon featuring PPL commercialism appear. Such phenomena can realize the common profits of cartoonists, media, and ordering bodies, and are various trials to test the possibility of webtoons. In addition, what needs to pay attention on in the expansion of webtoons is increasing webtoons for adults. The study subjects are the webtoons published with payment, excluding free webtoons. However, this study failed to collect the webtoons published on the online websites already closed, and the lost information on cartoonists and their lost webtoons, and it is necessary to conduct a complete survey on all webtoons including free ones. Despite the limitations, this study is meaningful in the points that it categorized and analyzed Korean webtoons accoridng to official media, webtoons, cartoonists, and genres and that it provided a fundamental material to understand the current conditions of webtoons. It is expected that this study will be able to contribute to activating more research on webtoons and producing more supplementary data which will be used for the Korean cartoon industry and academia.

On the field of domestic studies on Western Art History and Western Art Theory (국내 서양미술사, 서양미술이론 연구 장에 관한 연구)

  • Shim, Sang-Yong
    • The Journal of Art Theory & Practice
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    • no.2
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    • pp.75-120
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    • 2004
  • Studies on western art in Korea has been caught in a dilemma that they could deal with only those things which had been arranged according to their 'historical generalization' in their contexts because of the bounds of time and space. It is not trivial that such conditions affect art studies in Korea. Access to the original texts and to their contexts of production is so restricted that the studies on them are prone to he superficial. And it is not independent on the politics of Korean art scene. Such factors are on the background of Korean art's excessive 'assimilation or accordance' with western art. The domestic studies on western art history and art theory have failed to notice the differences in context and Korean art has simply mediated or reproduced the restricted information by those studies. Also the studies on western art in Korea have been made use of as a justifying method of one's own academic domains. In such situations we should lead the studies on western art history and western art theory to a more reflective direction and confirm that the studies should not have any privileges of the realities. And we should try to reform a scholarship which participates in our life and existence. The field of domestic studies on western art history and western art theory should free itself from the invention of objectivity or the neutrality of mechanical reading and turn its eyes to the realities of life where events happens. Constantly suggesting which way Korean art and world art should go has to be the field's new coordinates.

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Use of Numerical Simulation for Water Area Observation by Microwave Radar (마이크로웨이브 레이더를 이용한 수역관측에 있어서의 수치 시뮬레이션 이용)

  • Yoshida, Takero;Rheem, Chang-Kyu
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.15 no.3
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    • pp.208-218
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    • 2012
  • Numerical simulation technique has been developed to calculate microwave backscattering from water surface. The simulation plays a role of a substitute for experiments. Validation of the simulation was shown by comparing with experimental results. Water area observations by microwave radar have been simulated to evaluate algorithms and systems. Furthermore, the simulation can be used to understand microwave scattering mechanism on the water surface. The simulation has applied to the various methods for water area observations, and the utilizations of the simulation are introduced in this paper. In the case of fixed radar, we show following examples, 1. Radar image with a pulse Doppler radar, 2. Effect of microwave irradiation width and 3. River observation (Water level observation). In addition, another application (4.Synthetic aperture radar image) is also described. The details of the applications are as follows. 1. Radar image with a pulse Doppler radar: A new system for the sea surface observation is suggested by the simulation. A pulse Doppler radar is assumed to obtain radar images that display amplitude and frequency modulation of backscattered microwaves. The simulation results show that the radar images of the frequency modulation is useful to measure sea surface waves. 2. Effect of microwave irradiation width: It is reported (Rheem[2008]) that microwave irradiation width on the sea surface affects Doppler spectra measured by a CW (Continuous wave) Doppler radar. Therefore the relation between the microwave irradiation width and the Doppler spectra is evaluated numerically. We have shown the suitable condition for wave height estimation by a Doppler radar. 3. River observation (Water level observation): We have also evaluated algorithms to estimate water current and water level of river. The same algorithms to estimate sea surface current and sea surface level are applied to the river observation. The simulation is conducted to confirm the accuracy of the river observation by using a pulse Doppler radar. 4. Synthetic aperture radar (SAR) image: SAR images are helpful to observe the global sea surface. However, imaging mechanisms are complicated and validation of analytical algorithms by SAR images is quite difficult. In order to deal with the problems, SAR images in oceanic scenes are simulated.

The Non-Appropriation Principle and Corpus Juris Spatialis (비전유원칙과 우주법(Corpus Juris Spatialis))

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.181-202
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    • 2020
  • The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.