• Journal of the Korean Society for Aviation and Aeronautics
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• v.15 no.1
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• pp.38-53
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• 2007

In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.19 no.1
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• pp.185-191
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• 2015

This paper suggest the safety class communication board in order to design the safety network of the nuclear safety class controller. The reactor protection system use the digitized networks because from analog system to digital system. The communication board shall be provided to pass the required performance and test of the safety class in the digital network used in the nuclear safety class. Communication protocol is composed of physical layer(PHY), data link layer(MAC: Medium Access Control), the application layer in the OSI 7 layer only. The data link layer data package for the cyber security has changed. CRC32 were used for data quality and the using one way communication, not requests and not responses for receiving data, does not affect the nuclear safety system. It has been designed in accordance with requirements, design, verification and procedure for the approving the nuclear safety class. For hardware verification such as electromagnetic test, aging test, inspection, burn-in test, seismic test and environmental test in was performed. FPGA firmware to verify compliance with the life-cycle of IEEE 1074 was performed by the component testing and integration testing.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.37 no.5B
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• pp.385-394
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• 2012

The tactical mobile communication network, which comprises a part of the next-generation Tactical Information and Communication Network (TICN), provides means of communication and control for Tactical Multi-Functional Terminals (TMFT) belonging to a Mobile Subscriber Access Point (MSAP). The next-generation of MSAP is capable of constructing a backbone network via LCTR and HCTR directional antennas. At the same time, WMN modules are used to create and manage a wireless mesh backbone. When directional antennas are used in mobile environments, seamless services cannot be efficiently supported as the movement of the node prevents the angle of the antenna to constantly match. Therefore, data communication through the wireless mesh networks is required to provide direct communication between mobile MSAPs. Accordingly, mutual authentication and data encryption mechanisms are required to provide reliable data transmission in this environment. To provide efficient mutual authentication between MSAP devices, the process of verifying a certificate of the other MSAP device through its own authentication server is required. This paper proposes mutual authentication mechanisms where the MSAP requiring authentication and the MSAP that permits it initiates low-cost and efficient authentication in a distributed way. More specifically, we propose a method of applying EAP-ELS (Extensible Authentication Protocol-Transport Layer Security) in the next-generation TICN.

• The KIPS Transactions:PartC
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• v.10C no.5
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• pp.625-634
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• 2003

More than a decade after its initial proposal, deployment of IP Multicast has been limited due to the problem of traffic control in multicast routing, multicast address allocation in global internet, reliable multicast transport techniques etc. Lately, according to increase of multicast application service such as internet broadcast, real time security information service etc., overlay multicast is developed as a new internet multicast technology. In this paper, we describe an overlay multicast protocol and propose fast join mechanism that considers switching of the tree. To find a potential parent, an existing search algorithm descends the tree from the root by one level at a time, and it causes long joining latency. Also, it is try to select the nearest node as a potential parent. However, it can't select the nearest node by the degree limit of the node. As a result, the generated tree has low efficiency. To reduce long joining latency and improve the efficiency of the tree, we propose searching two levels of the tree at a time. This method forwards joining request message to own children node. So, at ordinary times, there is no overhead to keep the tree. But the joining request came, the increasing number of searching messages will reduce a long joining latency. Also searching more nodes will be helpful to construct more efficient trees. In order to evaluate the performance of our fast join mechanism, we measure the metrics such as the search latency and the number of searched node and the number of switching by the number of members and degree limit. The simulation results show that the performance of our mechanism is superior to that of the existing mechanism.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.59-89
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• 2009

The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

• Journal of Intelligence and Information Systems
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• v.16 no.3
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• pp.147-161
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• 2010

As broadcasting and communication are converged recently, communication is jointed to TV. TV viewing has brought about many changes. The IPTV (Internet Protocol Television) provides information service, movie contents, broadcast, etc. through internet with live programs + VOD (Video on demand) jointed. Using communication network, it becomes an issue of new business. In addition, new technical issues have been created by imaging technology for the service, networking technology without video cuts, security technologies to protect copyright, etc. Through this IPTV network, users can watch their desired programs when they want. However, IPTV has difficulties in search approach, menu approach, or finding programs. Menu approach spends a lot of time in approaching programs desired. Search approach can't be found when title, genre, name of actors, etc. are not known. In addition, inserting letters through remote control have problems. However, the bigger problem is that many times users are not usually ware of the services they use. Thus, to resolve difficulties when selecting VOD service in IPTV, a personalized service is recommended, which enhance users' satisfaction and use your time, efficiently. This paper provides appropriate programs which are fit to individuals not to save time in order to solve IPTV's shortcomings through filtering and recommendation-related system. The proposed recommendation system collects TV program information, the user's preferred program genres and detailed genre, channel, watching program, and information on viewing time based on individual records of watching IPTV. To look for these kinds of similarities, similarities can be compared by using ontology for TV programs. The reason to use these is because the distance of program can be measured by the similarity comparison. TV program ontology we are using is one extracted from TV-Anytime metadata which represents semantic nature. Also, ontology expresses the contents and features in figures. Through world net, vocabulary similarity is determined. All the words described on the programs are expanded into upper and lower classes for word similarity decision. The average of described key words was measured. The criterion of distance calculated ties similar programs through K-medoids dividing method. K-medoids dividing method is a dividing way to divide classified groups into ones with similar characteristics. This K-medoids method sets K-unit representative objects. Here, distance from representative object sets temporary distance and colonize it. Through algorithm, when the initial n-unit objects are tried to be divided into K-units. The optimal object must be found through repeated trials after selecting representative object temporarily. Through this course, similar programs must be colonized. Selecting programs through group analysis, weight should be given to the recommendation. The way to provide weight with recommendation is as the follows. When each group recommends programs, similar programs near representative objects will be recommended to users. The formula to calculate the distance is same as measure similar distance. It will be a basic figure which determines the rankings of recommended programs. Weight is used to calculate the number of watching lists. As the more programs are, the higher weight will be loaded. This is defined as cluster weight. Through this, sub-TV programs which are representative of the groups must be selected. The final TV programs ranks must be determined. However, the group-representative TV programs include errors. Therefore, weights must be added to TV program viewing preference. They must determine the finalranks.Based on this, our customers prefer proposed to recommend contents. So, based on the proposed method this paper suggested, experiment was carried out in controlled environment. Through experiment, the superiority of the proposed method is shown, compared to existing ways.