• Title/Summary/Keyword: Soft Law

Search Result 97, Processing Time 0.023 seconds

Limitations of National Responsibility and its Application on Marine Environmental Pollution beyond Borders -Focused on the Effects of China's Three Gorges Dam on the Marine Environment in the East China Sea- (국경을 넘는 해양환경오염에 대한 국가책임과 적용의 한계 -중국의 산샤댐 건설로 인한 동중국해 해양환경 영향을 중심으로-)

  • Yang, Hee Cheol
    • Ocean and Polar Research
    • /
    • v.37 no.4
    • /
    • pp.341-356
    • /
    • 2015
  • A nation has a sovereign right to develop and use its natural resources according to its policies with regard to development and the relevant environment. A nation also has an obligation not to harm other countries or damage environments of neighboring countries as consequences of such actions of developments or use of natural resources. However, international precedents induce a nation to take additional actions not to cause more damages from the specific acts causing environmental damages beyond national borders, when such acts have economic and social importance. That is to say that there is a tendency to resolve such issues in a way to promote the balance between the mutual interests by allowing such actions to continue. A solution to China's Three Gorges Dam dilemma based on a soft law approach is more credible than relying on a good faith approach of national responsibilities and international legal proceedings since the construction and operation of the dam falls within the category of exercising national sovereign rights. If a large scale construction project such as the Three Gorges Dam or operation of a nuclear power plant causes or may cause environmental damage beyond the border of a nation engaged in such an undertaking, countries affected by this undertaking should jointly monitor the environmental effects in a spirit of cooperation rather than trying to stop the construction and should seek cooperative solutions of mutual understanding to establish measures to prevent further damages. If China's Three Gorges Dam construction and operation cause or contain the possibility of causing serious damages to marine environment, China cannot set aside its national responsibility to meet international obligations if China is aware of or knows about the damage that has occurred or may occur but fail to prevent, minimize, reverse or eliminate additional chances of such damages, or fails to put in place measures in order to prevent the recurrence of such damages. However, Korea must be able to prove a causal relationship between the relevant actions and resulting damages if it is to raise objections to the construction or request certain damage-prevention actions against crucial adverse effects on the marine environment out of respect for China's right to develop resources and acts of use thereof. Therefore, it is essential to cumulate continuous monitoring and evaluations information pertaining to marine environmental changes and impacts or responses of affected waters as well as acquisition of scientific baseline data with observed changes in such baseline. As China has adopted a somewhat nonchalant attitude toward taking adequate actions to protect against marine pollution risks or adverse effects caused by the construction and operation of China's Three Gorges Dam, there is a need to persuade China to adopt a more active stance and become involved in the monitoring and co-investigation of the Yellow Sea in order to protect the marine environment. Moreover, there is a need to build a regular environmental monitoring system that includes the evaluation of environmental effects beyond borders. The Espoo Convention can serve as a mechanism to ease potential conflicts of national interest in the Northeast Asian waters where political and historical sensitivities are acute. Especially, the recent diplomatic policy advanced by Korea and China can be implemented as an important example of gentle cooperation as the policy tool of choice is based on regional cooperation or cooperation between different regions.

EU's Space Code of Conduct: Right Step Forward (EU의 우주행동강령의 의미와 평가)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.27 no.2
    • /
    • pp.211-241
    • /
    • 2012
  • The Draft International Code of Conduct for Outer Space Activities officially proposed by the European Union on the occasion of the 55th Session of the United Nations Peaceful Uses of the Outer Space last June 2012 in Vienna, Austria is to fill the lacunae of the relevant norms to be applied to the human activities in the outer space and thus has the merit our attention. The missing elements of the norms span from the prohibition of an arms race, safety and security of the space objects including the measures to reduce the space debris to the exchange of information of space activities among space-faring nations. The EU's initiatives, when implemented, cover or will eventually prepare for the forum to deal with such issues of interests of the international community. The EU's initiatives begun at the end of 2008 included the unofficial contacts with major space powers including in particular the USA of which position is believed to have been reflected in the Draft with the aim to have it adopted in 2013. Although the Code is made up of soft law rather than hard law for the subscribing countries, the USA seems to be afraid of the eventuality whereby its strategic advantages in the outer space will be affected by the prohibiting norms, possibly to be pursued by the Code from its current non-binding character, of placing weapons in the outer space. It is with this trepidation that the USA has been opposing to the adoption of the United Nations Assembly Resolutions on the prevention of an arms race in the outer space (PAROS) and in the same context to the setting-up of a working group on the arms race in the outer space in the frame of the Conference on Disarmament. China and Russia who together put forward a draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects (PPWT) in 2008 would not feel comfortable either because the EU initiatives will steal the lime light. Consequently their reactions are understandably passive towards the Draft Code while the reaction of the USA to the PPWT was a clear cut "No". With the above background, the future of the EU Code is uncertain. Nevertheless, 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, all to maximize the principle of the peaceful use and exploration of the outer space is the laudable efforts on the part of EU. When the detailed negotiations will be held, some problems including the cost to be incurred by setting up an office for the clerical works could be discussed for both efficient and economic mechanism. For example, the new clerical works envisaged in the Draft Code could be discharged by the current UN OOSA (Office for Outer Space Affairs) with minimal additional resources. The EU's initiatives are another meaningful contribution following one due to it in adopting the Kyoto Protocol of 1997 to the UNFCCC (UN Framework Convention on the Climate Change) and deserve the praise from the thoughtful international community.

  • PDF

Indoor Rearing Method of Diving Beetles: Cybister japonicus, Cybister tripunctatus orientalis, Cybister brevis (물방개류 실내 사육법)

  • Kim, NamJung;Hong, Seong-Jin;Kim, Seong-Hyun;Park, Hae-Chul
    • Journal of Sericultural and Entomological Science
    • /
    • v.50 no.1
    • /
    • pp.27-32
    • /
    • 2012
  • The aim of this study is to develop indoor-rearing methods of the diving beetles. In nature, both the adult diving beetle and its larvae are voracious aquatic predators. The larvae beetles hunt relatively bigger size of tadpoles and small fish for food source. However, due to difficulties of the food supplement for rearing diving beetles at indoor-condition further motivated us to develop new artificial food. Three separate experiments were performed. In the first experiment, adult beetles were provided with one of the several food choice treatments to self-compose their preferred foods that are affordable on the market at lower price. The second experiment was also to develop artificial diet that is possible for rearing larvae beetle under indoor condition. The larvae beetles were restricted to raw squid, artificial food source and mosquito larvae as a control at the first stadium and small fish and raw squid during second to third stadium duration. According to our result, adult beetles selected a food that made of boiled squid and dead small fish while, the young larvae consumed small fish, mosquito larvae and raw squid. Although, the larval food restriction on law squid caused noticeable decrease in survival, the result still supported the possible survival rate of keeping larvae at indoor condition. Moreover, pupation rate experiments, in which groups of larvae were placed at different mats, natural soil and fermented sawdust, showed that 80% of diving beetles pupated on the sawdust. This result indicates that female beetle preferentially selected to oviposit along soft and moist area.

The Honolulu Strategy and Its Implication to Marine Debris Management in Korea (호놀룰루 전략과 우리나라 해양쓰레기 관리를 위한 시사점)

  • Hong, Sunwook;Lee, Jongmyoung;Jang, Yong-Chang;Kang, Daeseok;Shim, Won Joon;Lee, Jongsu
    • Journal of the Korean Society for Marine Environment & Energy
    • /
    • v.16 no.2
    • /
    • pp.143-150
    • /
    • 2013
  • The Honolulu Strategy is a framework document to address marine debris issue globally. The Fifth International Marine Debris Conference held in March 2011 and organized by NOAA and UNEP catalyzed the development of the Holonulu Strategy. Goals of the Strategy are to reduce the amount and impact of land-based, sea-based, and accumulated marine debris. A set of strategies for each goal were provided for education and awareness, legislation, and alternative technologies. The Strategy also lists indicators that could be used to evaluate outcomes of strategies. The adoption of the Honolulu Strategy by the international community has led the international organizations such as GPA, IMO, and CBD to strengthen their responses to the marine debris issue. UN has also set up specific actions that will be implemented until 2025 through its resolutions on marine debris. Recent global developments related to the marine debris issue might lead to a change in the character of the international marine debris management from the current soft law regime to a mandatory one. The Honolulu Strategy could provide a guideline when the Korean government formulates the Second Basic Plan for Marine Debris Management, especially with its prevention-oriented approaches, utilization of scientific policy development tools, and adoption of evaluation system using performance indicators.

Seepage Characteristics of Embedded Rock Layer Under the Earth Fill (성토제 하부에 매설된 사석층의 침투특성)

  • Lee Haeng-Woo;Chang Pyoung-Wuck
    • Journal of the Korean Geotechnical Society
    • /
    • v.21 no.8
    • /
    • pp.63-72
    • /
    • 2005
  • Rocks are dumped to soft marine ground in order to improve trafficability and construction conditions in the tideland reclamation construction sites. Though this rock layer under earth fill has caused in a serious seepage problems after construction, seepage behaviors of this embankment structure is not correctly investigated. Water flow through rock layers is, in general, known as Non-Darcy's flow. However, the embedded rock layer under earth fill is not known whether its flow is governed by Darcy's or Non-Darcy's law. Therefore, a numerical analysis, laboratory model test and filed investigations were performed for analyzing the those seepage characteristics in this research. Results show that there is significance of $95\%$ of confidence between observed heads and seepage rates, and the calculated ones by SAMTLE which is developed under the assumption that the water flows through the two-layer system obey the Darcy's flow. And after operating the hydraulic gradient(i) of $0.10\~0.55$ upon laboratory model, these seepage characteristics of the embedded rock layer show that Reynolds Numbers are less than 10 and the relationship between these velocities of rock layer(v) and hydraulic gradients(i) is linearly proportional with more than 0.79 of the coefficient of correlation $(R^2)$. And the Reynolds Number of the velocity calculated by the relation of v=ki in the embedded rock layer of OO sea dike is $1\~6$. It shows also laminar flow. Based on these results, it is concluded that the seepage characteristics of embedded rock layer under earth fill can be laminar and Darcy's flow.

On the vibration influence to the running power plant facilities when the foundation excavated of the cautious blasting works. (노천굴착에서 발파진동의 크기를 감량 시키기 위한 정밀파실험식)

  • Huh Ginn
    • Explosives and Blasting
    • /
    • v.9 no.1
    • /
    • pp.3-13
    • /
    • 1991
  • The cautious blasting works had been used with emulsion explosion electric M/S delay caps. Drill depth was from 3m to 6m with Crawler Drill ${\phi}70mm$ on the calcalious sand stone (soft -modelate -semi hard Rock). The total numbers of test blast were 88. Scale distance were induced 15.52-60.32. It was applied to propagation Law in blasting vibration as follows. Propagtion Law in Blasting Vibration $V=K(\frac{D}{W^b})^n$ were V : Peak partical velocity(cm/sec) D : Distance between explosion and recording sites(m) W : Maximum charge per delay-period of eight milliseconds or more (kg) K : Ground transmission constant, empirically determind on the Rocks, Explosive and drilling pattern ets. b : Charge exponents n : Reduced exponents where the quantity $\frac{D}{W^b}$ is known as the scale distance. Above equation is worked by the U.S Bureau of Mines to determine peak particle velocity. The propagation Law can be catagorized in three groups. Cubic root Scaling charge per delay Square root Scaling of charge per delay Site-specific Scaling of charge Per delay Plots of peak particle velocity versus distoance were made on log-log coordinates. The data are grouped by test and P.P.V. The linear grouping of the data permits their representation by an equation of the form ; $V=K(\frac{D}{W^{\frac{1}{3}})^{-n}$ The value of K(41 or 124) and n(1.41 or 1.66) were determined for each set of data by the method of least squores. Statistical tests showed that a common slope, n, could be used for all data of a given components. Charge and reduction exponents carried out by multiple regressional analysis. It's divided into under loom over loom distance because the frequency is verified by the distance from blast site. Empirical equation of cautious blasting vibration is as follows. Over 30m ------- under l00m ${\cdots\cdots\cdots}{\;}41(D/sqrt[2]{W})^{-1.41}{\;}{\cdots\cdots\cdots\cdots\cdots}{\;}A$ Over 100m ${\cdots\cdots\cdots\cdots\cdots}{\;}121(D/sqrt[3]{W})^{-1.66}{\;}{\cdots\cdots\cdots\cdots\cdots}{\;}B$ where ; V is peak particle velocity In cm / sec D is distance in m and W, maximLlm charge weight per day in kg K value on the above equation has to be more specified for further understaring about the effect of explosives, Rock strength. And Drilling pattern on the vibration levels, it is necessary to carry out more tests.

  • PDF

The Design and Application of Vibrator Type(AM) Combination Apparatus for Improving Police Equipment for Fugitive Prevention (도주방지용 경찰장구의 기능개선을 위한 진동자 방식(AM) 결속장치 설계 및 응용)

  • Choi, Ki-Nam;Lee, Seon-Jeh
    • Convergence Security Journal
    • /
    • v.11 no.2
    • /
    • pp.13-24
    • /
    • 2011
  • Policemen judge the situations rationally and use their equipment such as handcuffs and rope within the purview, finding them needed to arrest criminals in the act who commit crimes which conforms to death penalty, life imprisonment or long imprisonment for over 3 years in accordance with Clause 10-2, Article 1 of the Police Mandate Law and prevent fleeing from them, defend their and others' lives and bodies, or if there are probable causes to be recognized that using equipment is necessary to restrain the interference with government officials in the execution of their duties. However, as the cases which the criminals run away in handcuffs or with both hands tied occur, it results in the waste of police force, distrust and enormous trouble in the pursuit of their duties. Therefore, if the way to perceive fleeing of criminals who have already worn the police equipment by some simple assistive devices without developing other new equipment, it will be very effective for police duties. This study is about the combination apparatus for fugitive prevention attached to the existing handcuffs and rope whose alert sounds let the staffs working inside the office perceive the fleeing of wanted criminals and examined suspects who wear the handcuffs or are tied up with rope, providing that they go through the exit where a transmitter and a receiver were set. The combination apparatus for fugitive prevention which the study introduces contains the connecting parts which connect a flexible tube(cognition tags inside of the tube) of connector equipped with the police equipment with the ends of the tube and the part where these two meet and which connect them inside of the tube. The connecting parts are easy to be attached to the police equipment such as handcuffs and rope, but hard to be dismantled by the people tied up with the equipment. It enables watchers to perceive the fleeing of wanted criminals and examined suspects who wear the handcuffs or are tied up with rope, providing that they go through the exit where a transmitter and a receiver were set. Plus, if it is combined together with the portable receiver, it can be installed on the patrol cars and easily adopted to supervise illegally accessing of evidences. It is also avaliable to be adjunctively utilized for the handcuffs provided and the cost is so reasonable. Owing to its snap-on way to the cuffs, it can clear up any invasion of privacy and it can not be used as a self-injury tool because of the soft tube. Using AM Tag minimizes the lack of malfunction.