• Title/Summary/Keyword: Space law

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The Constituent Elements of State Responsibility Regarding Space Activities of Private Entities from the Perspective of General International Law (일반 국제법상 민간기업의 우주활동에 대한 국가책임의 성립요건)

  • Jung, Yung-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.121-146
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    • 2018
  • In traditional international law, a state was internationally responsible only for its activities. With the diversification of the subjects of international law and with the expansion of state's activities, however, bearing international responsibility by the state for its nationals or private enterprises has been recognised in international case law and states practices. Also, this was codified in 2001 by International Law Commission, finishing Draft articles on Responsibility of States for Internationally Wrongful Acts. Yet, international responsibility of state for private entities carrying out space activities including launching of satellites and space launch vehicles has been dealt with as an exception from state responsibility in general international law. As we have seen the successful launching of 'Falcon Heavy' by SpaceX which is an american private entity, the private activities in outer space are expanding to even as far as deep space such as Mars. In other words, the scope of the private activities is too enormous to deal with the activities, irrespective of general theories on state responsibility in international law. Therefore, it will be significant to see the constituent elements of state responsibility for private activities in outer space from the point of general international law, without prejudice to provisions related to international space law.

The Role of the Soft Law for Space Debris Mitigation in International Law (국제법상 우주폐기물감축 연성법의 역할에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.469-497
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    • 2015
  • In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.

A Study of the Law School Library Design Feature & Spatial Composition (법학전문도서관 디자인 특성 및 공간구성방법에 관한 연구)

  • Choi, Sung-Woo
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.13 no.6
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    • pp.2812-2825
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    • 2012
  • The purpose of this study was to analyze the spacial composition feature of Law School Library and define the feature in spacial planning of law school library. Through the analysis of characteristics in spacial composition, the basic spacial type of law school library will be proposed as a new law school library design. The spatial composition characteristics of Law school Library are as followings. (1) Entry spatial feature for the user accessibility (2) Reference room spatial planning for carrel user (3) Connectivity of educational & research space and reference room space. As the result of design proposal and analyzing the spacial feature, firstly entry common space of library should be planned with reference room space. Secondly, reading room should be linked to the entry level for the user. Lastly, core space should be planned as the vertical connectivity space for the intimately linkage of educational & research space and reference room. And separated accessibility should be considered for direct connection from outdoor space.

A STRONG LAW OF LARGE NUMBERS FOR AANA RANDOM VARIABLES IN A HILBERT SPACE AND ITS APPLICATION

  • Ko, Mi-Hwa
    • Honam Mathematical Journal
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    • v.32 no.1
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    • pp.91-99
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    • 2010
  • In this paper we introduce the concept of asymptotically almost negatively associated random variables in a Hilbert space and obtain the strong law of large numbers for a strictly stationary asymptotically almost negatively associated sequence of H-valued random variables with zero means and finite second moments. As an application we prove a strong law of large numbers for a linear process generated by asymptotically almost negatively random variables in a Hilbert space with this result.

CHARACTERIZATIONS OF AN INNER PRODUCT SPACE BY GRAPHS

  • Lin, C.S.
    • The Pure and Applied Mathematics
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    • v.16 no.4
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    • pp.359-367
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    • 2009
  • The graph of the parallelogram law is well known, which gives rise to the characterization of an inner product space among normed linear spaces [6]. In this paper we will sketch graphs of its deformations according to our previous paper [7, Theorem 3.1 and 3.2]; each one of which characterizes an inner product space among normed linear spaces. Consequently, the graphs of some classical characterizations of an inner product space follow easily.

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