• Title/Summary/Keyword: Space Law&Regulation

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International Legal Regulation on Commercial Space Activity (상업적 우주활동의 국제법적 규제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.183-221
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    • 2013
  • While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

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

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.223-243
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    • 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.

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A Study on Using the Interior Finishing Material using Regulation at Multiple-using Businesses (다중이용업소 실내마감재료 사용기준에 관한 연구)

  • Kim, Yong-Sung;Cho, Sung-O
    • Korean Institute of Interior Design Journal
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    • v.22 no.5
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    • pp.216-224
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    • 2013
  • There are the relevant provisions that apply to building regulations about the Building codes, Fire Protection laws, and more Multi-using interior finish materials businesses etc. The differences between these regulations are as follows: The Building codes is defined the main use of the building according to facilities to used to set the scale by the use of the floor space, On the other hand, Fire Protection laws are the basic purpose and the act of using the architectural space(or sales) by separating object by fire. And Multiple-using Businesses Facilities consist of two regulations engaged in the kind of law and the size of the floor area. One building can not be based on operating facilities and together in Multiple use businesses Law. As such, the Buildings are applied to the Building codes, Fire Protection laws, such as Multi-using Businesses Facilities interior construction industry due to the structural differences in the position of the designer feeling a lot of difficulties and confusion. The Multi-use businesses Facilities engage in the kind of law, the size of the floor area and seating capacity. These can not be based on operating facilities, and consists of two regulations together in one building. This study is purposed to help improving the finish of the interior architecture that is related to the Building code regulations, Fire Protection laws, Multi-using Facilities interior finishing material relevant with the provisions from the law through analyze the case of developed countries, and the current Multiple use Businesses Facilities research range from the law of multiple-using facilities, interior finishing, interior architecture for supervision reasonably and compensation for the interior design. So, Result is as follows: First, interior decorations can be separated the fixed material and the moveable things. second, It should be included multi-using Business though small size business space at the basement floor. third, It should be established statute law that design and construction responsibility. forth, re-testing fire resist performance after some period. and finally, it need to mitigate regulation where be installed sprinkler.

A Study on the Specific Area of Space Policy and Analysis of Recent Issues (우주 정책에 대한 고찰 및 최근 쟁점 분석)

  • Jongbin Im
    • Journal of Aerospace System Engineering
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    • v.18 no.2
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    • pp.29-39
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    • 2024
  • Recently, the space field has become an important element both for national economies and in national security. In the continued development of the space field, policy must play a very important role. However, many researchers who want to participate in space policy are experiencing difficulties due to the lack of a clear explanation and definition of the term 'space policy' itself. Accordingly, this paper defines 'space policy', which is further classified into 'space research and development policy', 'space economy policy', 'space law and regulation policy', 'space security policy', and 'space diplomacy policy'. The important elements of each space policy field are analyzed as well.

Developments in Space Law in regulating commercial space activities (우주(宇宙) 상업활동(商業活動) 규율(規律)에 있어서의 우주법(宇宙法)의 발전적(發展的) 위상(位相))

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.3
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    • pp.233-258
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    • 1991
  • This paper examines current developing status of space law as defined in terms of its unique principle that "the utilization of outer space for all mankind's interest". As commercialization of space activities has brought about heated debate on its legitimacy with respect to that principle, space law has come to witness a dual situation. One is the realization of that principle in establishing commercial space activities system where all mankind's interest is respected through the non-discriminatory distribution mode of space benefit. In satellite telecommunication system, the INTELSAT Organization assures its public service policy while protecting itself against a competition from separate systems. For remote sensing, commercialization of LANDSAT Systems promoted since 1984 seems not to affect present non-discriminatory distribution of data and information obtained. On the other hand, active participation of private entity aiming at commercial profit enables national government to manage more effective control and supervision of those activities with a view to promoting national interests. Also, newly developed private rules and regulations are emerging in business relations about commercial space activities. Extended capacity of national government assuring its national interest in production and distribution of international resources that is outer space, and regulation of space activities by newly developed rules and customs provoke a concern about a identity problem of space law. The best way to summarize this perspective might consist in saying that non space law regulations, which are not assumed as aiming at the promotion of all mankind's interest, are confirming their role about space related activities. For those reasous, we are now facing a developing status of space law as developments of commercial space activities continues.

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domestic implementation of international rules regarding the orbit for satellite broadcasting (방송용 위성궤도에 대한 국제규범의 국내이행에 관한 연구)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.1
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    • pp.191-214
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    • 2006
  • The right to the spectrum frequency and orbit is required for the broadcasting by satellite, whether the broadcaster might be given any license or authorization for the broadcasting. The reason is that the ITU Convention and Radio Regulation provide very specific and detailed rules regarding the utilization of the frequency spectrum and orbit. Outstanding issue arises as to the implementation process of the rules of international character. Domestic implementation of the Radio Regulation, in the way of letter to letter should be discouraged when the competitiveness of domestic industry vis-a-vis foreign competitor is taken into account.

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The Study on EU ETS (欧盟航空减排交易体制评析) -From the Perspective of China-

  • Qin, Huaping
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.127-145
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    • 2011
  • European Union unilaterally included the emissions from aviation activities into EU ETS on 19 November 2008 by amending Directive 2003/87/EC. According to the Directive all the emissions(mainly against the CO2) from aviation activities shall be subject to the regulation of EU ETS from 2012. For the period from 1 January 2012 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 97% of the historical aviation emission s. From 1 January 2013, the allowances will be reduced to 95%. The allocation of allowances which may be applied by each operator with free of charge will be reduced from 85% to 82% from 1 January 2012 to 1 January 2013. Since the Directive will affect every country's airline industry more or less, the nations and international organizations respond variously. The controversial focus is that whether EU has the right to unilaterally include the emissions from international aviation activities into EU ETS. This article firstly analyzes the effect caused by EU ETS to China's airline industry, and then studies the legality of the action of EU subject to current positive international law, and finally draws the conclusion that EU enjoys no such right to unilaterally include the emissions from international aviation activities.

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