• The Korean Journal of Air & Space Law and Policy
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• v.2
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• pp.31-67
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• 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.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.205-237
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• 2014

Last 50 years there were a lot of space subjects launched by space activities of many states and these activities also had created tremendous, significant space debris contaminating the environment of outer space. The large number of space debris which are surrounding the earth have the serious possibilities of destroying a satellite or causing huge threat to the space vehicles. For example, Chinese anti-satellite missile test was conducted by China on January 11, 2007. As a consequence a Chinese weather satellite was destroyed by a kinetic kill vehicle traveling with a speed of 8 km/s in the opposite direction. Anti-satellite missile tests like this,contribute to the formation of enormous orbital space debris which can remain in orbit for many years and could interfere with future space activity (Kessler Syndrome). The test is the largest recorded creation of space debris in history with at least 2,317 pieces of trackable size (golf ball size and larger) and an estimated 150,000 debris particles and more. Several nations responded negatively to the test and highlighted the serious consequences of engaging in the militarization of space. The timing and occasion aroused the suspicion of its demonstration of anti-satellite (ASAT) capabilities following the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris. Therefore this breakup seemed to serve as a momentum of the UN Space Debris Mitigation Guidelines and the background of the EU initiatives for the International Code of Conduct for Outer Space Activities. The UN Space Debris Mitigation Guidelines thus adopted contain many technical elements that all the States involved in the outer space activities are expected to observe to produce least space debris from the moment of design of their launchers and satellites until the end of satellite life. Although the norms are on the voluntary basis which is normal in the current international space law environment where any attempt to formulate binding international rules has to face opposition and sometimes unnecessary screening from many corners of numerous countries. Nevertheless, because of common concerns of space-faring countries, the Guidelines could be adopted smoothly and are believed faithfully followed by most countries. It is a rare success story of international cooperation in the area of outer space. The EU has proposed an International Code of Conduct for Outer Space Activities as a transparency and confidence-building measure. It is designed to enhance the safety, security and sustainability of activities in outer space. The purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security. Of the space issues, the space debris reduction and the space traffic management require some urgent attention. But the current legal instruments of the outer space do not have any binding rules to be applied thereto despite the incresing activities on the outer space. We need to start somewhere sometime soon before it's too late with the chaotic situation. In this article, with a view point of this problem, focused on the the Chinese test of an ASAT system in 2007 destroying a satellite but creating significant space debris and tried to analyse the issues of space debris reduction.

• Korean Security Journal
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• no.28
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• pp.153-179
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• 2011

Korea has been a victim of State supporting terrorism by North Korea even before international society realize the terrorism threats because of 9.11 in US. However, state supporting terrorism against South Korea by North Korea went along with East/West Cold War System by US and the Soviet Union. It is because socialism that Kim Il-sung who established a separate government in North Korea with the political, economic, social and military support of the Soviet Union selected as his political ideology justifies terrorism as the tool to complete the proletariat revolution. North Korea's state supporting terrorism is being operated systematically and efficiently by military of North Korea. It gives big worries to international society not only by performing terrorism against Korea but also by dispatching terrorists and exporting terrorism strategies to the third world countries. In this situation, terrorism against Korea has met a new transition point at 9${\cdot}$11 in US. As South Korea is confronting North Korea and the war has not ended but suspended, the alliance between US and Korea is more important than anything else. Because of this Korea decided to support the anti-terrorism wars against Afghanistan and Iraq of US and other western countries and send military force there. The preface of the anti-terrorism war has begun as such. On October 7, 2001, US and UK started to attack Afghanistan and Taleban government in Afghanistan was dethroned on December 7, 2001. US and western countries started a war against Iraq on March 20, 2003. On April 9, 2003 Baghdad, the capital of Iraq fell, and Saddam Hussein al-Majid al-Awja government was expelled. During the process, the terrorism threat against South Korea has expanded to Arab terrorists and terrorism organizations as well as North Korea. Consequently, although Korean government, scholars and working level public servants made discussions and tried to seek countermeasures, the damages are extending. Accordingly, terrorism against Korean companies in overseas after 9${\cdot}$11 were analyzed focusing on Nation, Region, Victimology, and Weapons used for the attacks. Especially, the trend of terrorism against the Korean companies in overseas was discussed by classifying them chronologically such as initiation and termination of anti-terrorism wars against Afghanistan and Iraq, and from the execution of Iraqi President, Saddam Hussein al-Majid al-Awja to December 2010. Through this, possible terrorism incidents after the execution of Osama bin Laden, the leader of Al-Qaeda, on May 2, 2011 were projected and proposals were made for the countermeasures.

• Journal of Korean Society of Disaster and Security
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• v.12 no.2
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• pp.73-82
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• 2019

Recently, as the occurrence frequency of sudden floods due to climate change increased, the flood damage on riverside social infrastructures was extended so that there has been a threat of overflow. Therefore, a rapid prediction of potential flooding in riverside social infrastructure is necessary for administrators. However, most current flood forecasting models including hydraulic model have limitations which are the high accuracy of numerical results but longer simulation time. To alleviate such limitation, data driven models using artificial neural network have been widely used. However, there is a limitation that the existing models can not consider the time-series parameters. In this study the water surface elevation of the Hangang River bridge was predicted using the NARX model considering the time-series parameter. And the results of the ANN and RNN models are compared with the NARX model to determine the suitability of NARX model. Using the 10-year hydrological data from 2009 to 2018, 70% of the hydrological data were used for learning and 15% was used for testing and evaluation respectively. As a result of predicting the water surface elevation after 3 hours from the Hangang River bridge in 2018, the ANN, RNN and NARX models for RMSE were 0.20 m, 0.11 m, and 0.09 m, respectively, and 0.12 m, 0.06 m, and 0.05 m for MAE, and 1.56 m, 0.55 m and 0.10 m for peak errors respectively. By analyzing the error of the prediction results considering the time-series parameters, the NARX model is most suitable for predicting water surface elevation. This is because the NARX model can learn the trend of the time series data and also can derive the accurate prediction value even in the high water surface elevation prediction by using the hyperbolic tangent and Rectified Linear Unit function as an activation function. However, the NARX model has a limit to generate a vanishing gradient as the sequence length becomes longer. In the future, the accuracy of the water surface elevation prediction will be examined by using the LSTM model.

• Journal of National Security and Military Science
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• s.13
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• pp.687-738
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• 2016

To prepare for the complicated international relationship regarding Korean Peninsula after reunification, this thesis started off with the awareness that Unified Korea should build its international posture and national security at an early stage by determining its appropriate military strength for independent defense and military strategies that Unified Korea should aim. The main theme of this thesis is 'The research on appropriate military strength of the Unified Korean military'. To derive appropriate military strength of Unified Korea, this research focuses on conflict scenario and relative balance strategy based on potential threats posed by neighboring countries, and this is the part that differentiates this research from other researches. First of all, the main objective of the research is to decide appropriate military strength for Unified Korea to secure defense sufficiency. For this, this research will decide efficient military strategy that Unified Korea should aim. Than by presuming the most possible military conflict scenario, this research will judge the most appropriate military strength for Unified Korea to overcome the dispute. Second, after deciding appropriate military strength, this research will suggest how to operate presumed military strength in each armed force. The result of this thesis is as in the following. First, Unified Korea should aim 'relative balance strategy'. 'Relative balance strategy' is a military strategy which Unified Korea can independently secure defense sufficiency by maintaining relative balance when conflicts occur between neighboring countries. This strategy deters conflicts in advance by relative balance of power in certain time and place. Even if conflict occurs inevitably, this strategy secures initiative. Second, when analyzing neighboring countries interest and strategic environment after unification, the possibility of all-out war will be low in the Korean Peninsula because no other nation wants the Korean Peninsula to be subordinated to one single country. Therefore appropriate military strength of the Unified Korean military would be enough when Unified Korea can achieve relative balance in regional war or limited war. Third, Northeast Asia is a region where economic power and military strength is concentrated. Despite increasing mutual cooperation in the region, conflicts and competition to expand each countries influence is inherent. Japan is constantly enhancing their military strength as they aim for normal statehood. China is modernizing their military strength as they aspire to become global central nation. Russia is also enhancing their military strength in order to hold on to their past glory of Soviet Union as a world power. As a result, both in quality and quantity, the gap between military strength of Unified Korea and each neighboring countries is enlarged at an alarming rate. Especially in the field of air-sea power, arms race is occurring between each nation. Therefore Unified Korea should be equipped with appropriate military strength in order to achieve relative balance with each threats posed by neighboring countries. Fourth, the most possible conflicts between Unified Korea and neighboring countries could be summarized into four, which are Dokdo territorial dispute with Japan, Leodo jurisdictional dispute with China, territorial dispute concerning northern part of the Korea Peninsula with China and disputes regarding marine resources and sea routes with Russia. Based on those conflict scenarios, appropriate military strength for Unified Korea is as in the following. When conflict occurs with Japan regarding Dokdo, Japan is expected to put JMSDF Escort Flotilla 3, one out of four of its Japan Maritime Self-Defense Force Escort Fleet, which is based in Maizuru and JMSDF Maizuru District. To counterbalance this military strength, Unified Korea needs one task fleet, comprised with three task flotilla. In case of jurisdictional conflict with China concerning Leodo, China is expected to dispatch its North Sea fleet, one out of three of its naval fleet, which is in charge of the Yellow Sea. To response to this military action, Unified Korea needs one task fleet, comprised with three task flotilla. In case of territorial dispute concerning northern part of the Korean Peninsula with China, it is estimated that out of seven Military Region troops, China will dispatch two Military Region troops, including three Army Groups from Shenyang Military Region, where it faces boarder with the Korean Peninsula. To handle with this military strength, Unified Korea needs six corps size ground force strength, including three corps of ground forces, two operational reserve corps(maneuver corps), and one strategic reserve corps(maneuver corps). When conflict occurs with Russia regarding marine resources and sea routes, Russia is expected to send a warfare group of a size that includes two destroyers, which is part of the Pacific Fleet. In order to balance this strength, Unified Korea naval power requires one warfare group including two destroyers. Fifth, management direction for the Unified Korean military is as in the following. Regarding the ground force management, it would be most efficient to deploy troops in the border area with china for regional and counter-amphibious defense. For the defense except the border line with china, the most efficient form of force management would be maintaining strategic reserve corps. The naval force should achieve relative balance with neighboring countries when there is maritime dispute and build 'task fleet' which can independently handle long-range maritime mission. Of the three 'task fleet', one task fleet should be deployed at Jeju base to prepare for Dokdo territorial dispute and Leodo jurisdictional dispute. Also in case of regional conflict with china, one task fleet should be positioned at Yellow Sea and for regional conflict with Japan and Russia, one task fleet should be deployed at East Sea. Realistically, Unified Korea cannot possess an air force equal to neither Japan nor China in quantity. Therefore, although Unified Korea's air force might be inferior in quantity, they should possess the systematic level which Japan or China has. For this Unified Korea should build air base in island areas like Jeju Island or Ullenong Island to increase combat radius. Also to block off infiltration of enemy attack plane, air force needs to build and manage air bases near coastal areas. For landing operation forces, Marine Corps should be managed in the size of two divisions. For island defense force, which is in charge of Jeju Island, Ulleung Island, Dokdo Island and five northwestern boarder island defenses, it should be in the size of one brigade. Also for standing international peace keeping operation, it requires one brigade. Therefore Marine Corps should be organized into three divisions. The result of the research yields a few policy implications when building appropriate military strength for Unified Korea. First, Unified Korea requires lower number of ground troops compared to that of current ROK(Republic of Korea) force. Second, air-sea forces should be drastically reinforced. Third, appropriate military strength of the Unified Korean military should be based on current ROK military system. Forth, building appropriate military strength for Unified Korea should start from today, not after reunification. Because of this, South Korea should build a military power that can simultaneously prepare for current North Korea's provocations and future threats from neighboring countries after reunification. The core of this research is to decide appropriate military strength for Unified Korea to realize relative balance that will ensure defense sufficiency from neighboring countries threats. In other words, this research should precisely be aware of threats posed by neighboring countries and decide minimum level of military strength that could realize relative balance in conflict situation. Moreover this research will show the path for building appropriate military strength in each armed force.

• Korea and Global Affairs
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• v.1 no.2
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• pp.171-208
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• 2017

This paper is to analyze the type characteristics and prospects of the North Korean nuclear strategy. To this end, the paper is composed of 5 chapters titled introduction; the concept and type of nuclear strategy; the nuclear capabilities of North Korea and the declarative nuclear strategy; the operational characteristics and prospects of the North Korean nuclear strategy; and conclusion. Recently, the deployment of nuclear weapons and the enhancement of nuclear capabilities in North Korea have raised serious problems in our security and military preparedness. Nuclear strategy means military strategy related to the organization, deployment and operation of nuclear weapons. The study of North Korea's nuclear strategy begins with a very realistic assumption that the nuclear arsenal of North Korea has been substantiated. It is a measure based on North Korea's nuclear arsenal that our defense authorities present the concepts of preemptive attack, missile defense, and mass retaliation as countermeasures against the North Korean nuclear issue and are in the process of introducing and deploying them. The declared nuclear declaration strategy of the DPRK is summarized as: (1)Nuclear deterrence and retaliation strategy under the (North Korea's) Nuclear Weapons Act, (2)Nuclear preemptive aggression, (3)The principle of 'no first use' of nuclear weapons in the 7th Congress. And the intentions and operational characteristics of the North Korean nuclear strategy are as follows: (1)Avoiding blame through imitation of existing nuclear state practices, (2)Favoring of nuclear strategy through declarative nuclear strategy, (3)Non-settlement of nuclear strategy due to gap between nuclear capability and nuclear posture. North Korea has declared itself a nuclear-weapon state through the revised Constitution(2012.7), the Line of 'Construction of the Nuclear Armed Forces and the Economy'(2013.3), and the Nuclear Weapons Act(2013.4). However, the status of "nuclear nations" can only be granted by the NPT, which is already a closed system. Realistically, a robust ROK-US alliance and close US-ROK cooperation are crucial to curbing and overcoming the North Korean nuclear threat we face. On this basis, it is essential not only to deter North Korea's nuclear attacks, but also to establish and implement our own short-term, middle-term and long-term political and military countermeasures for North Korea's denuclearization and disarmament.

• Journal of Intelligence and Information Systems
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• v.23 no.1
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• pp.143-159
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• 2017

Due to the rapid development of IT in recent years, not only personal information but also the key technologies and information leakage that companies have are becoming important issues. For the enterprise, the core technology that the company possesses is a very important part for the survival of the enterprise and for the continuous competitive advantage. Recently, there have been many cases of technical infringement. Technology leaks not only cause tremendous financial losses such as falling stock prices for companies, but they also have a negative impact on corporate reputation and delays in corporate development. In the case of SMEs, where core technology is an important part of the enterprise, compared to large corporations, the preparation for technological leakage can be seen as an indispensable factor in the existence of the enterprise. As the necessity and importance of Information Security Management (ISM) is emerging, it is necessary to check and prepare for the threat of technology infringement early in the enterprise. Nevertheless, previous studies have shown that the majority of policy alternatives are represented by about 90%. As a research method, literature analysis accounted for 76% and empirical and statistical analysis accounted for a relatively low rate of 16%. For this reason, it is necessary to study the management model and prediction model to prevent leakage of technology to meet the characteristics of SMEs. In this study, before analyzing the empirical analysis, we divided the technical characteristics from the technology value perspective and the organizational factor from the technology control point based on many previous researches related to the factors affecting the technology leakage. A total of 12 related variables were selected for the two factors, and the analysis was performed with these variables. In this study, we use three - year data of "Small and Medium Enterprise Technical Statistics Survey" conducted by the Small and Medium Business Administration. Analysis data includes 30 industries based on KSIC-based 2-digit classification, and the number of companies affected by technology leakage is 415 over 3 years. Through this data, we conducted a randomized sampling in the same industry based on the KSIC in the same year, and compared with the companies (n = 415) and the unaffected firms (n = 415) 1:1 Corresponding samples were prepared and analyzed. In this research, we will conduct an empirical analysis to search for factors influencing technology leakage, and propose an early warning system through data mining. Specifically, in this study, based on the questionnaire survey of SMEs conducted by the Small and Medium Business Administration (SME), we classified the factors that affect the technology leakage of SMEs into two factors(Technology Characteristics, Organization Characteristics). And we propose a model that informs the possibility of technical infringement by using Support Vector Machine(SVM) which is one of the various techniques of data mining based on the proven factors through statistical analysis. Unlike previous studies, this study focused on the cases of various industries in many years, and it can be pointed out that the artificial intelligence model was developed through this study. In addition, since the factors are derived empirically according to the actual leakage of SME technology leakage, it will be possible to suggest to policy makers which companies should be managed from the viewpoint of technology protection. Finally, it is expected that the early warning model on the possibility of technology leakage proposed in this study will provide an opportunity to prevent technology Leakage from the viewpoint of enterprise and government in advance.

• Strategy21
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• s.32
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• pp.123-159
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• 2013

The purpose of this research paper is to re-valuate the factors that affected the Royal Navy's rearmament and preparation for war by conducting analysis on the discussion held in the Britain on the strategic priorities and Navy's coping measures adopted during the interwar period. After the end of the WWI, each of the military arms of the Britain faced significant difficulty in securing budget and increasing their military power all throughout the interwar period, and the Navy was not an exception. The WWII that got started on September 1939 was the turning point in which this difficulty led to full-fledged crisis. Immensely many criticisms followed after the war and problems were identified when it comes to the Royal Navy's performance during the war. This type of effort to identify problem led to the attempt to analyze whether Royal Navy's preparation for war and rearmament policy during interwar period were adequate, and to identify the root causes of failure. Existing studies sought to find the root cause of failed rearmament from external factors such as the deterioration of the Britain itself or pressure from the Treasury Department to cut the budget for national defense, or sought to detect problems from the development of wrong strategies by the Navy. However, Royal Navy's failed preparation for the war during interwar period is not the result of one or two separate factors. Instead, it resulted due to the diverse factors and situations that the Britain was facing at the time, and due to intricate and complex interaction of these factors. Meanwhile, this research paper focused on the context characterized by 'strategic selection and setting up of priorities' among the various factors to conduct analysis on the Navy's rearmament by linking it with the discussion held at the time on setting up strategic priorities, and sought to demonstrate that the Navy Department's inadequate counter-measures developed during this process waned Royal Navy's position. After the end of WWI, each of the military arms continued to compete for the limited resources and budget all throughout the interwar period, and this type of competition amidst the situation in which the economic situation of Britain was still unstable, made prioritization when it comes to the allocation of resources and setting up of the priorities when it comes to the military power build-up, inevitable. Amidst this situation, the RAF was able to secure resources first and foremost, encouraged by the conviction of some politicians who were affected by the 'theory of aerial threat' and who believed that curtailing potential attack with the Air Force would be means to secure national security at comparatively lower cost. In response, Navy successfully defended the need for the existence of Navy despite the advancement of the aerial power, by emphasizing that the Britain's livelihood depends on trade and on the maintenance of maritime traffic. Despite this counter-measuring logic, however, Navy's role was still limited to the defense of overseas territory and to the fleet run-off instead of sea traffic route production when it comes to the specific power build-up plan, and did not understand the situation in which financial and economic factors gained greater importance when it comes to the setting up of strategic priorities. As a result, Navy's plan to build its powers was met with continual resistance of the Treasury Department, and lost the opportunity to re-gain the status of 'senior service' that it had enjoyed in the past during the competition for strategic prioritization. Given that the strategic and economic situation that Korea faces today is not very different from that of the Britain during the interwar period, our Navy too should leverage the lessons learned from the Royal Navy to make the effort to secure viable position when it comes to the setting of priorities in case of national defense strategy by presenting the basis on why maritime coping should be prioritized among the numerous other threats, and by developing the measures for securing the powers needed effectively amidst the limited resources.

• 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 Intelligence and Information Systems
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• v.21 no.1
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• pp.143-159
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• 2015

Predicting IT trends has been a long and important subject for information systems research. IT trend prediction makes it possible to acknowledge emerging eras of innovation and allocate budgets to prepare against rapidly changing technological trends. Towards the end of each year, various domestic and global organizations predict and announce IT trends for the following year. For example, Gartner Predicts 10 top IT trend during the next year, and these predictions affect IT and industry leaders and organization's basic assumptions about technology and the future of IT, but the accuracy of these reports are difficult to verify. Social media data can be useful tool to verify the accuracy. As social media services have gained in popularity, it is used in a variety of ways, from posting about personal daily life to keeping up to date with news and trends. In the recent years, rates of social media activity in Korea have reached unprecedented levels. Hundreds of millions of users now participate in online social networks and communicate with colleague and friends their opinions and thoughts. In particular, Twitter is currently the major micro blog service, it has an important function named 'tweets' which is to report their current thoughts and actions, comments on news and engage in discussions. For an analysis on IT trends, we chose Tweet data because not only it produces massive unstructured textual data in real time but also it serves as an influential channel for opinion leading on technology. Previous studies found that the tweet data provides useful information and detects the trend of society effectively, these studies also identifies that Twitter can track the issue faster than the other media, newspapers. Therefore, this study investigates how frequently the predicted IT trends for the following year announced by public organizations are mentioned on social network services like Twitter. IT trend predictions for 2013, announced near the end of 2012 from two domestic organizations, the National IT Industry Promotion Agency (NIPA) and the National Information Society Agency (NIA), were used as a basis for this research. The present study analyzes the Twitter data generated from Seoul (Korea) compared with the predictions of the two organizations to analyze the differences. Thus, Twitter data analysis requires various natural language processing techniques, including the removal of stop words, and noun extraction for processing various unrefined forms of unstructured data. To overcome these challenges, we used SAS IRS (Information Retrieval Studio) developed by SAS to capture the trend in real-time processing big stream datasets of Twitter. The system offers a framework for crawling, normalizing, analyzing, indexing and searching tweet data. As a result, we have crawled the entire Twitter sphere in Seoul area and obtained 21,589 tweets in 2013 to review how frequently the IT trend topics announced by the two organizations were mentioned by the people in Seoul. The results shows that most IT trend predicted by NIPA and NIA were all frequently mentioned in Twitter except some topics such as 'new types of security threat', 'green IT', 'next generation semiconductor' since these topics non generalized compound words so they can be mentioned in Twitter with other words. To answer whether the IT trend tweets from Korea is related to the following year's IT trends in real world, we compared Twitter's trending topics with those in Nara Market, Korea's online e-Procurement system which is a nationwide web-based procurement system, dealing with whole procurement process of all public organizations in Korea. The correlation analysis show that Tweet frequencies on IT trending topics predicted by NIPA and NIA are significantly correlated with frequencies on IT topics mentioned in project announcements by Nara market in 2012 and 2013. The main contribution of our research can be found in the following aspects: i) the IT topic predictions announced by NIPA and NIA can provide an effective guideline to IT professionals and researchers in Korea who are looking for verified IT topic trends in the following topic, ii) researchers can use Twitter to get some useful ideas to detect and predict dynamic trends of technological and social issues.