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A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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Comparative Evaluation of Radioactive Isotope in Concrete by Heavy Ion Particle using Monte Carlo Simulation (몬테카를로 시뮬레이션을 통한 중하전입자의 콘크리트 방사화 비교평가)

  • Bae, Sang-Il;Cho, Yong-In;Kim, Jung-Hoon
    • Journal of radiological science and technology
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    • v.44 no.4
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    • pp.359-365
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    • 2021
  • A heavy particle accelerator is a device that accelerates particles using high energy and is used in various fields such as medical and industrial fields as well as research. However, secondary neutrons and particle fragments are generated by the high-energy particle beam, and among them, the neutrons do not have an electric charge and directly interact with the nucleus to cause radiation of the material. Quantitative evaluation of the radioactive material produced in this way is necessary, but there are many difficulties in actual measurement during or after operation. Therefore, this study compared and evaluated the generated radioactive material in the concrete shield for protons and carbon ions of specific energy by using the simulation code FLUKA. For the evaluation of each energy of proton beam and carbon ion, the reliability of the source term was secured within 2% of the relative error with the data of the NASA Space Radiation Laboratory(NSRL), which is an internationally standardized data. In the evaluation, carbon ions exhibited higher neutron flux than protons. Afterwards, in the evaluation of radioactive materials under actual operating conditions for disposal, a large amount of short-lived beta-decay nuclides occurred immediately after the operation was terminated, and in the case of protons with a high beam speed, more radioactive products were generated than carbon ions. At this time, radionuclides of 44Sc, 3H and 22Na were observed at a high rate. In addition, as the cooling time elapsed, the ratio of long-lived nuclides increased. For nonparticulate radionuclides, 3H, 22Na, and for particulate radionuclides, 44Ti, 55Fe, 60Co, 152Eu, and 154Eu nuclides showed a high ratio. In this study, it is judged that it is possible to use the particle accelerator as basic data for facility maintenance, repair and dismantling through the prediction of radioactive materials in concrete according to the cooling time after operation and termination of operation.

Introduction to the Montreal Convention 1999 (New Warsaw Convention : Montreal Convention 1999 소개)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.9-28
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    • 2003
  • The Warsaw Convention of 1929 and the amendments thereto including the Hague Protocol, Montreal Protocols Nos. 1,2,3 and 4, the Guadalajara Convention and the IATA Intercarrier Agreements, which are the rules (as called "War saw System") have played as a major rule in the international air transportation for more than 70 years, will be replaced by the Montreal Convention of 1999 for its effectiveness on November 4, 2003. While a major portion of the Montreal Convention follows the language of the Warsaw System, the Montreal Convention makes significant changes to the scope and extent of the carrier's liability, expands the jurisdictions where the carrier can be sued, and recognizes the effect of code sharing on air carrier liability. The Montreal Convention heralds the single biggest change in the international aviation since the diplomatic efforts in the mid-1920's which resulted in the enactment of the Warsaw Convention. Until now, the legal liability of almost all the international air carriers has been governed by the Warsaw System. The Montreal Convention incorporates provisions of these instruments to create a single document and to set a uniform regime for carrier liability in international transportation. At the same time the issue of the low liability limits of the Warsaw has been resolved to a more satisfactory level in the Montreal Convention. The Convention has been hailed as consumer friendly and progressive in nature. If this Convention is ratified by Korea, the virtual elimination of the liability limits between the passengers and the airlines will become law by treaty. The airlines in Korea as well as Korean consumers of international air carriage will immensely benefit from the ratification. As opposed to the Warsaw Convention, the Montreal Convention has been described to be the one that is no longer a Convention for airlines, but it would serve the interests of both the consumers and the air carriers.

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A study on the optimization technique for the plan of slope reinforcement arrangement of soil-nailing in tunnel portal area (터널 갱구사면 쏘일네일링 보강배치계획을 위한 최적화기법 연구)

  • Kim, Byung-Chan;Moon, Hyun-Koo
    • Journal of Korean Tunnelling and Underground Space Association
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    • v.18 no.6
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    • pp.569-579
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    • 2016
  • In order to ensure the stability of tunnel portal slope, reinforcement method such as anchors, soil nails and rock bolts have been used in Korea. When selecting slope reinforcement methods in tunnel portal area such as reinforcement arrangement and length, trial and error method can be very time-consuming and it was also not easy to verify the selection of an optimum condition. In this study, using the FISH language embedded in the finite difference code FLAC3D program, the optimization technique was developed with the Differential Evolution Algorithm (DEA). After building a database on the soil nailing method in tunnel portal area, this system can be selected to an optimum arrangement plan based on the factor of safety through the FLAC3D analysis. Through the results of numerical analysis, it was confirmed that the number of analysis was decreased by about 8 times when DEA based optimization technique was used compared to the full combination (FC). In case of the design of slope reinforcement in tunnel portal area, if this built-system is used, it is expected that the selection of an optimum arrangement plan can be relatively easier.

Online Refocusing Algorithm Considering the Tilting Effect for a Small Satellite Camera (위성 카메라의 틸트 효과를 고려한 온라인 리포커싱 알고리즘)

  • Lee, Da Hyun;Hwang, Jai Hyuk;Hong, Dae Gi
    • Journal of Aerospace System Engineering
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    • v.12 no.4
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    • pp.64-74
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    • 2018
  • Small high-resolution Earth observation satellites require precise optical alignment at the submicron level. However, misalignments can occur due to the influence of external factors during the launch and operation despite the sufficient alignment processes that take place before the launch. Thus, satellites need to realign their optical elements in orbit in what is known as a refocusing process to compensate for any misalignments. Refocusing algorithms developed for satellites have only considered de-space, which is the most sensitive factor with respect to image quality. However, the existing algorithms can cause correction error when inner and external forces generate tilt amount in an optical system. The present work suggests an improved online refocusing algorithm by considering the tilting effect for application in the case of a de-spaced and tilted optical system. In addition, the algorithm is considered to be efficient in terms of time and cost because it is designed to be used as an online method that does not require ground communication.

A Study on the Structural Behavior of an Underground Radwaste Repository within a Granitic Rock Mass with a Fault Passing through the Cavern Roof (화장암반내 단층지역에 위치한 지하 방사성폐기물 처분장 구조거동연구)

  • 김진웅;강철형;배대석
    • Tunnel and Underground Space
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    • v.11 no.3
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    • pp.257-269
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    • 2001
  • Numerical simulation is performed to understand the structural behavior of an underground radwaste repository, assumed to be located at the depth of 500 m, in a granitic rock mats, in which a fault intersects the roof of the repository cavern. Two dimensional universal distinct element code, UDEC is used in the analysis. The numerical model includes a granitic rock mass, a canister with PWR spent fuels surrounded by the compacted bentonite inside the deposition hole, and the mixed bentonite backfilled in the rest of the space within the repository cavern. The structural behavior of three different cases, each case with a fault of an angle of $33^{\circ},\;45^{\circ},\;and\;58^{\circ}$ passing through the cavern roof-wall intersection, has been compared. And then fro the case with the $45^{\circ}$ fault, the hydro-mechanical, thermo-mechanical, and thermo-hydro-mechanical interaction behavior have been studied. The effect of the time-dependent decaying heat, from the radioactive materials in PWR spent fuels, on the repository and its surroundings has been studied. The groundwater table is assumed to be located 10m below the ground surface, and a steady state flow algorithm is used.

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Availability Assessment of Single Frequency Multi-GNSS Real Time Positioning with the RTCM-State Space Representation Parameters (RTCM-SSR 보정요소 기반 1주파 Multi-GNSS 실시간 측위의 효용성 평가)

  • Lee, Yong-Chang;Oh, Seong-Jong
    • Journal of Cadastre & Land InformatiX
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    • v.50 no.1
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    • pp.107-123
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    • 2020
  • With stabilization of the recent multi-GNSS infrastructure, and as multi-GNSS has been proven to be effective in improving the accuracy of the positioning performance in various industrial sectors. In this study, in view that SF(Single frequency) GNSS receivers are widely used due to the low costs, evaluate effectiveness of SF Real Time Point Positioning(SF-RT-PP) based on four multi-GNSS surveying methods with RTCM-SSR correction streams in static and kinematic modes, and also derive response challenges. Results of applying SSR correction streams, CNES presented good results compared to other SSR streams in 2D coordinate. Looking at the results of the SF-RT-PP surveying using SF signals from multi-GNSS, were able to identify the common cause of large deviations in the altitude components, as well as confirm the importance of signal bias correction according to combinations of different types of satellite signals and ionospheric delay compensation algorithm using undifferenced and uncombined observations. In addition, confirmed that the improvement of the infrastructure of Multi-GNSS allows SF-RT-SPP surveying with only one of the four GNSS satellites. In particular, in the case of code-based SF-RT-SPP measurements using SF signals from GPS satellites only, the difference in the application effect between broadcast ephemeris and SSR correction for satellite orbits/clocks was small, but in the case of ionospheric delay compensation, the use of SBAS correction information provided more than twice the accuracy compared to result of the Klobuchar model. With GPS and GLONASS, both the BDS and GALILEO constellations will be fully deployed in the end of 2020, and the greater benefits from the multi-GNSS integration can be expected. Specially, If RT-ionospheric correction services reflecting regional characteristics and SSR correction information reflecting atmospheric characteristics are carried out in real-time, expected that the utilization of SF-RT-PPP survey technology by multi-GNSS and various demands will be created in various industrial sectors.

Thermal Stratification and Heat Loss in Underground Thermal Storage Caverns with Different Aspect Ratios and Storage Volumes (지하 열저장 공동의 종횡비와 저장용량에 따른 열성층화 및 열손실)

  • Park, Dohyun;Ryu, Dong-Woo;Choi, Byung-Hee;Sunwoo, Choon;Han, Kong-Chang
    • Tunnel and Underground Space
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    • v.23 no.4
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    • pp.308-318
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    • 2013
  • Thermal stratification in heat stores is essential to improve the efficiency of energy storage systems and deliver more useful energy on demand. It is generally well known that the degree of thermal stratification in heat stores varies depending on the aspect ratio (the height-to-width ratio) and size of the stores. The present study aims to investigate the effect of the aspect ratio and storage volume of rock caverns for storing hot water on thermal stratification in the caverns and heat loss to the surroundings. Heat transfer simulations using a computational fluid dynamics code, FLUENT were performed at different aspect ratios and storage volumes of rock caverns. The variation of thermal stratification with respect to time was examined using an index to quantify the degree of stratification, and the heat loss to the surroundings was evaluated. The results of the numerical simulations demonstrated that the thermal stratification in rock caverns was improved by increasing the aspect ratio, but this effect was not remarkable beyond an aspect ratio of 3-4. When the storage volume of rock caverns was large, a higher thermal stratification was maintained for a relatively longer time compared to caverns with a small storage volume, but the difference in thermal stratification between the two cases tended to decrease as the aspect ratio became larger. In addition, the numerical results showed that the heat loss to the surrounding rock tended to increase with an increase in aspect ratio because the surface area of rock caverns increased as the aspect ratio became larger. The total heat loss from multiple small caverns with a reduced storage volume per cavern was larger compared to a single cavern with the same total storage volume as that of the multiple caverns.

A Study on Automatic Classification Model of Documents Based on Korean Standard Industrial Classification (한국표준산업분류를 기준으로 한 문서의 자동 분류 모델에 관한 연구)

  • Lee, Jae-Seong;Jun, Seung-Pyo;Yoo, Hyoung Sun
    • Journal of Intelligence and Information Systems
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    • v.24 no.3
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    • pp.221-241
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    • 2018
  • As we enter the knowledge society, the importance of information as a new form of capital is being emphasized. The importance of information classification is also increasing for efficient management of digital information produced exponentially. In this study, we tried to automatically classify and provide tailored information that can help companies decide to make technology commercialization. Therefore, we propose a method to classify information based on Korea Standard Industry Classification (KSIC), which indicates the business characteristics of enterprises. The classification of information or documents has been largely based on machine learning, but there is not enough training data categorized on the basis of KSIC. Therefore, this study applied the method of calculating similarity between documents. Specifically, a method and a model for presenting the most appropriate KSIC code are proposed by collecting explanatory texts of each code of KSIC and calculating the similarity with the classification object document using the vector space model. The IPC data were collected and classified by KSIC. And then verified the methodology by comparing it with the KSIC-IPC concordance table provided by the Korean Intellectual Property Office. As a result of the verification, the highest agreement was obtained when the LT method, which is a kind of TF-IDF calculation formula, was applied. At this time, the degree of match of the first rank matching KSIC was 53% and the cumulative match of the fifth ranking was 76%. Through this, it can be confirmed that KSIC classification of technology, industry, and market information that SMEs need more quantitatively and objectively is possible. In addition, it is considered that the methods and results provided in this study can be used as a basic data to help the qualitative judgment of experts in creating a linkage table between heterogeneous classification systems.

The Current Status of the Warsaw Convention and Subsequent Protocols in Leading Asian Countries (아시아 주요국가(主要國家)들에 있어서의 바르샤바 체제(體制)의 적용실태(適用實態)와 전망(展望))

  • Lee, Tae-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.147-162
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    • 1989
  • The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

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