• 제목/요약/키워드: Peaceful Use

검색결과 69건 처리시간 0.024초

영공(領空)과 우주공간(宇宙空間)의 한계(限界)에 관한 법적(法的) 고찰(考察) ("Legal Study on Boundary between Airspace and Outer Space")

  • 최완식
    • 항공우주정책ㆍ법학회지
    • /
    • 제2권
    • /
    • pp.31-67
    • /
    • 1990
  • One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

  • PDF

G20 서울 정상회의 관련 집회시위 경비방안 : 이안 톰린슨(Ian Tomlinson) 사망사건 분석을 중심으로 (The Policing of the G20 Seoul Protests: A Case Analysis on the Death of Ian Tomlinson)

  • 이주락
    • 시큐리티연구
    • /
    • 제24호
    • /
    • pp.125-146
    • /
    • 2010
  • 이번 11월에 서울에서 개최되는 G20 정상회의는 전 세계적 경제위기 도중에 치러진다는 점에서 매우 중요한 의미를 가지는 것으로 평가되고 있다. 그러나 이전의 G20 정상회의와 마찬가지로 서울 정상회의시에도 대규모 반세계화 집회시위가 있을 것으로 예상된다. 그러므로 이번 정상회의의 경호경비를 책임지고 있는 우리 경찰은 회의에 참가하는 각국 정상의 안전을 보장하고 원활한 회의진행을 위하여 이러한 반세계화 집회시위에 효과적으로 대처해야 할 것이다. 본 연구에서는 2009년 G20 런던 정상회의 도중 경찰의 물리력에 의해 사망한 이안 톰린슨(Ian Tomlinson) 사건을 문헌조사를 통해 사례분석하고, 이를 바탕으로 G20 서울 정상회의에 적용 가능한 집회시위 경비방안을 제시하였다. 사례분석결과, G20 런던 정상회의시 영국경찰은 집회시위 대응과 관련하여 물리력 사용에 대한 기준 및 훈련부족, 언론에 대한 미숙한 대처, 시위대와의 의사소통 부족, 케틀링(Kettling) 기법의 남용, 경찰관 인식표 미착용 등의 문제점을 가지고 있었던 것으로 밝혀졌다. 본 연구에서는 이러한 분석결과에 근거하여 평화시위의 유도, 물리력 사용의 기준 확립과 훈련의 강화, 언론 및 시위대와의 의사소통 증진, 경찰관의 책임성 향상 등을 G20 서울 정상회의시의 집회시위 경비방안으로 제시하였다.

  • PDF

우주법(宇宙法)의 최근동향(最近動向) (Recent Developments in Space Law)

  • 최준선
    • 항공우주정책ㆍ법학회지
    • /
    • 제1권
    • /
    • pp.223-243
    • /
    • 1989
  • The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.

  • PDF

우주개발동향과 주요 이슈 (Trend of Space Development and Issue)

  • 조홍제;신용도
    • 항공우주정책ㆍ법학회지
    • /
    • 제29권1호
    • /
    • pp.97-126
    • /
    • 2014
  • October 4, 1957 the Soviet Sputnik 1 was launched into space the first time in the history of mankind. After launching, the realm of humankind was expanded to space. Today all countries of the world wage a fierce competition in order to utilize space for various purposes. World powers of space such as United States, Russia, China, and Japan, put reconnaissance satellites and ocean surveillance satellites into orbit, being able to easily see equipment and troops movement on earth. Each country makes efforts to occupy space assets through the militarization of space and expand national interests. Recently private companies or individuals involved in commercial space activities are becoming more prevalent. Thus, in addition to space activities for military purposes, commercial space activities become widespread. Individuals and private companies as well as nations are also involved in space activities. Outer space is not the monopoly of space powers such as the United States and Russia. The whole human race can benefit from free access to space, being the common heritage of mankind. In particular, outer space becomes an indispensable element of military activities and human life. Many countries are now entering space development, putting a lot of budget into new development programs. Republic of Korea also built the Narodo Space Center, starting its space development with budget and manpower. We have to find out ways to use space not only for military purposes but also for commercial space activities that can contribute to the national economy. In addition, through the joint efforts of the international community, we have to make efforts for preservation and peaceful use of space. Various issues relating to space activities and research should be studies in order to contribute to the progress of humanity. Those issues include the definition of outer space, space debris reduction and environmental conservation issues, non-bind measure cooperation - European International Code of Conduct, space law and national legislation related empowerment issues, arms control measures in space, and restrictions on the use of nuclear fuel. We also need to be involved in the discussion of those issues as one of responsible space countries. In addition, we try to find out regional cooperation schemes such as the ESA in the Europe actively. Currently in the Northeast Asia, cooperation bodies led by Japan and China respectively, are operated in the confrontational way. To avoid such confrontation, a new cooperative body needs to be established for cooperation on space exploration and information. The system to allow the exchange of satellite information for early warning of natural disasters needs to be built as well. In addition, efforts to enhance the effectiveness of the relevant international treaties on space, and fill in the blanks in international space laws should be made at the same time. To this end, we have to do a leading role in the establishment of standards such as non-binding measures (resolution) - Code of Conduct, being discussed in the UN and other organizations, and compliance with those standards. Courses in aerospace should be requires in law schools and educational institutes, and professional manpower need to be nurtured. In addition, the space-related technology and policy needs to be jointly studied among the private, public, and military groups, and the cross exchange among them should be encouraged.

관광유형다변화에 따른 문화해설사양성에 대한 제언 (A Study on the Cultural Interpreters and Muti-phased Tourism)

  • 이승재
    • 디지털융복합연구
    • /
    • 제12권4호
    • /
    • pp.467-474
    • /
    • 2014
  • 21세기 관광과 문화의 중심지로 부상되고 있는 아시아 지역은 서구인들의 눈에 신비와 호기심의 대상이다. 오천년 이상의 역사를 간직하고 있는 한반도는 어디를 가나 역사와 문화가 숨쉬고 있다. 이러한 역사와 문화가 서구인에게 노출되면서, 단순히 눈의 즐거움을 제공할 뿐 아니라 지적 호기심을 충족시킬 수 있는 대안 마련이 시급하다. 정부에서도 관광객의 높아진 수준과 지적요구를 충족시키기 위해 다양한 문화 관광상품을 기획하고 있으며, 더불어 문화해설사를 제도적으로 도입하여 국내수요를 중심으로 확산시키고 있다. 본 연구는 문화유적지에서 해설사의 역할과 관광지 언어전문가인 가이드의 관계를 Cohen의 가이드 역할틀을 중심으로 확장된 가이드 커뮤니케이션틀 (이승재 2011)에 근거하여 살펴보고, 다양화 전문화되고 있는 외래관광객의 성향변화를 외래어 문화해설사 역할로 수렴하여 이를 가이드 역할전문화의 일환으로서 설명하고자 한다. 또한 전통문화유산을 전승하고 발전시키기 위해 문화해설사 및 외국어 문화해설사의 전문적인 양성을 제언하면서, 이를 위해 국내에 체류하는 다문화가정과 외국인 유학생을 외래어 문화해설사로 양성하여 한국문화의 전령사로 적극적으로 활용할 것을 제안하고자 한다.

미취학 아동의 영양교육을 위한 멀티미디어 개발에 관한 연구 (The Development of Multimedia Nutrition Education Program for Preschoolers)

  • 오유진;김동식
    • 대한지역사회영양학회지
    • /
    • 제11권3호
    • /
    • pp.338-345
    • /
    • 2006
  • The purpose of this study was to design an interactive multimedia nutrition education program for preschoolers. Computer technology provides the opportunity to explore new and creative methods of delivering nutrition education to pre-schoolers. If this method is effective, more preschoolers can be reached with accurate and consistent nutrition education with less time and teaching staff. This program is a computer-based multimedia nutrition education program for pre-schoolers based on the Dick and Carey (Dick & Carey 2001) model of instructional design which includes analysis, design, development, and evaluation. The overall instructional goal was based on the needs of the target population. The needs assessment was a self-administered survey distributed to 1,426 parents of preschoolers, focusing on the need for preschoolers' nutrition education. The results of the survey indicated that parents wanted their children to learn reasons for eating nutritious food. Therefore, a program titled 'Nutrition Exploration' was developed with the instructional goal of teaching preschoolers the 5 Food Groups. To achieve this goal, the preschoolers were engaged in a game. They could earn colored jewels by completing the game in five sessions. The story line was that people living in a peaceful kingdom become sick after they lose the jewels. The learner takes an adventurous journey through five different countries to retrieve the jewels. These countries are 'Giwoon nahrah' (foods containing carbohydrates, such as rice and potatoes), 'Sangsang nahrah' (foods that are rich in vitamins and minerals, such as vegetables and fruits), 'Sooksook nahrah' (calcium-con-taming products such as milk), 'Teunteun nahrah' (protein-containing foods such as meat and fish) , and 'Gakeum nahrah' (products with high sugar and fat content, such as instant foods and soda). The learner who obtains five jewels in five different countries can save the kingdom. For the program to be effective and efficient, the multimedia had to be easy for the preschooler to enter, use, and exit. The verbal instructions enhanced child autonomy, and the program was developmentally appropriate so that the young child could easily manipulate the software. This research provides the basis for the continued development of computer-based nutrition education materials.

사회연결망 분석을 활용한 패션 트렌드 고찰 (Exploring Fashion Trends Using Network Analysis)

  • 박지수;이유리
    • 한국의류학회지
    • /
    • 제38권5호
    • /
    • pp.611-626
    • /
    • 2014
  • Reading and foreseeing fashion trends is crucial and difficult in the fashion industry due to accelerated and diversified changes in fashion trends. We use network analysis to investigate fashion trends from 2004 to 2013 in order to find the inter-relevance among fashion trends. We extracted words from fashion trend info for women's wear provided by Samsung Design Net, created a 2-mode network of seasons and trend languages, and visualized this network using NodeXl program. Fashion trends repeated a unique pattern during the period. In the first half (2004-2008), retro modern, feminine modern, and ecological modern were dominant trends in consecutive order. The years 2009-2013 witnessed distinctive fashion trends in S/S seasons and in F/W seasons. 11F/W, 12F/W and 13F/W seasons were characterized by artistic creative style. From 2010, natural style dominated S/S seasons. 10S/S and 12S/S seasons were distinguished as a calm natural style that reflected a peaceful and simple life. In 11S/S and 13S/S seasons, soft natural style emerged as a sign of increased importance of inner spirit and natural energy. A seasonal reappearance of trends was observed every two years in S/S seasons that enabled the prediction that 14S/S will see another version of natural style. A macroscopic trend for the last 10 years was represented by the keywords 'modern' and 'natural'. 'Modern' involved the past styles such as 60's, Baroque and the origin of human life. 'Natural' was connected with design elements such as material, silhouette and color. Managerial implications and future study directions are discussed based on the results.

민사조정의 활성화와 사적자치 (A study on the private autonomies of the disputants in the process of conciliation)

  • 주인
    • 한국중재학회지:중재연구
    • /
    • 제13권2호
    • /
    • pp.613-630
    • /
    • 2004
  • Conciliation is one of the most effective ADR(alternative dispute resolution) which takes the place of civil procedure. It is achieved with disputants' independent will. The disputants negotiate each other, and make peaceful settlement. If a compromise is effected between the two, it regards the compromise as a judgement of the Supreme Court. This effect on the conciliation is afford a basis for the private autonomies. But nowadays, the practical use of the private autonomies is not thoroughgoing enough in our country. It is a matter of no uncommon occurrence for the member of a conciliation commission to form a conclusion about the dispute and to persuade the disputants to accept the conclusion. Even the judges have a tendency to conduct a conciliation like civil procedure. Under these circumstances, it's harsh to the disputants that a compromise in the conciliation has an effect like the judgement of the Supreme Court. So you should reconsider carefully the role or service of a conciliation commission. The role of a conciliation commission must be to guarantee an atmosphere of freedom, and for disputants to negotiate without restraint. So the members of a conciliation commission should make an offer the disputants the information on the members and proceedings of the conciliation. It will make the disputants have a firm belief that the members are fair and conciliation will be progressed in a fair. Moreover they have to notify the disputants of the estimated norms which is concerned in the dispute, too. It will facilitate the negotiation and compromise, and will justify claim preclusion(res judicata) which is based on Korean Civil Conciliation Law(Article 29) says that conciliation has the full force and effect of a civil judgement of the Supreme Court.

  • PDF

입지 환경 인자를 이용한 DMZ 남측 철책선 주변 훼손지 유형화 (Classification of the Damaged Areas in the DMZ (Demilitarized zone) by Location Environments)

  • 박기쁨;김상준;이아영;김동학;유승봉
    • 한국환경복원기술학회지
    • /
    • 제24권2호
    • /
    • pp.71-84
    • /
    • 2021
  • Restoration of DMZ has come up with the discussion on the peaceful use of the DMZ and the conservation plan of the army. In this study, we aim to identify soil characteristics of 108 sites to figure out environmental conditions around the iron fence of DMZ where vegetation has been removed repeatedly. Based on the soil characteristics and climate variables, hierarchy clustering was performed to categorize sites. As a result, we categorized 108 sites into 4 types: middle elevation region, lowland, East coast lowland, other areas. Group of 'other area' is only high in nutrient and clay proportion. Others are in igneous rock and metamorphic rocks with a high proportion of sand and lower nutrients than the optimum range of growth in Korean forest soil. The middle elevation region has a high altitude, low temperature. The east coast lowland has a high temperature in January and low precipitation. The lowland has a low altitude and high temperature. This category provides the environmental condition around the DMZ fence and can be used to select plants for restoration. The restoration project around the DMZ iron fence should satisfy the security of military plans, which means that functional restoration is prior to ecological restoration such as vegetation management under a power line. Additionally, improvement of soil quality and surface stability through restoration projects is required to enhance the resilience of the ecosystem in DMZ.

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

  • 이강빈
    • 한국중재학회지:중재연구
    • /
    • 제20권2호
    • /
    • pp.173-198
    • /
    • 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.

  • PDF