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Bundled Discounting of Healthcare Services and Restraint of Competition (의료서비스의 결합판매와 경쟁제한성의 판단 - Cascade Health 사건을 중심으로 -)

  • Jeong, Jae Hun
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.175-209
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    • 2019
  • The bundled discounting which the dominant undertakings engage in is problematic in terms of competition restraint. Bundled discounts generally benefit not only buyers but also sellers. Specifically, bundled discounts usually costs a firm less to sell multiple products. In addition, Bundled discounts always provide some immediate consumer benefit in the form of lower prices. Therefore, competition authorities and courts should not be too quick to condemn bundled discounts and apply the neutral and objective standard in bundled discounting cases. Cascade Health v. Peacehealth decision starts ruling from this prerequisite. This decision pointed out that the dominant undertaking can exclude rivals through bundled discounting without pricing its products below its cost when rivals do not sell as great a number of product lines. So bundled discounting may have the anticompetitive impact by excluding less diversified but more efficient producers. This decision did not adopt Lepage case's standard which does not require the court to consider whether the competitor was at least as efficient of a producer as the bundled discounter. Instead of that, based on cost based approach, this decision said that the exclusionary element can not be satisfied unless the discounts result in prices that are below an appropriate measures of the defendant's costs. By adopting a discount attribution standard, this decision said that the full amount of the discounts should be allocated to the competitive products. As the seller can easily ascertain its own prices and costs of production and calculate whether its discounting practices exclude competitors, not the competitor's costs but the dominant undertaking's costs should be considered in applying discount attribution standard. This case deals with bundled discounting practice of multiple healthcare services by the dominant undertaking in healthcare market. Under the Korean healthcare system and public health insurance system, the price competition primarily exists in non-medical care benefits because public healthcare insurance in Korea is in combination with the compulsory medical care institution system. The cases that Monopoly Regulation and Fair Trade Law deals with, such as cartel and the abuse of monopoly power, also mainly exist in non-medical care benefits. The dominant undertaking's exclusionary bundled discounting in Korean healthcare markets may be practiced in the contracts between the dominant undertaking and private insurance companies with regards to non-medical care benefits.

Evaluation of Economic-Environmental Impact of Heat Exchanger Network in Naphtha Cracking Center (납사분해 공정 내 열 교환 네트워크 경제적-환경영향 평가)

  • Hyojin Jung;Subin Jung;Yuchan Ahn
    • Korean Chemical Engineering Research
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    • v.61 no.3
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    • pp.378-387
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    • 2023
  • Petrochemical is an energy consuming industry that consumes about 30% of total industrial energy consumption and is a representative carbon dioxide (CO2) emission source. Among them, the Naphtha Cracking Center (NCC), which produces ethylene, propylene, propane and mixed C4, consumes large amounts of energy and emits significant amounts of CO2. For this reason, an integrated techno economic- environmental impact assessment aimed at reducing energy consumption and environmental impact factors is necessary to ensure efficiency in terms of economics and environment. This study aims to analyze the efficiency of the heat exchanger network used in the existing NCC base on the pinch analysis and select an improvement plan that can reduced energy consumption. In order to reduces the utility consumption in the process, an optimal heat exchanger network considering the high-temperature and low-temperature stream was derived, and the economic evaluation was conducted by considering the trade-off between the reduction in utility consumption and the increase in heat exchanger installation cost. In addition, an environmental impact assessment was conducted on the reduced CO2 emission in consideration of the environmental aspect, and the economic environmental impact assessment used the payback period to recover the invested funds to come up with an energy saving plan that can be applied based on the actual process. As a result of considering the economic-environmental impact assessment, when the environmental impact assessment was not considered, it was 4.29 months, 3.21 months, and 3.39 months for each case, and when considering the environmental impact assessment, it was 4.24 months, 3.17 months, and 3.35 months for each case. These results appeared equally both when the environmental impact assessment was not include and when it was include. In addition, a sensitivity analysis was conducted for each case to determine how important factors affect the payback period. As a result of the sensitivity analysis, the cost of the heat exchanger was identified as a major factor influencing the overall cost.

Overlay Multicast Network for IPTV Service using Bandwidth Adaptive Distributed Streaming Scheme (대역폭 적응형 분산 스트리밍 기법을 이용한 IPTV 서비스용 오버레이 멀티캐스트 네트워크)

  • Park, Eun-Yong;Liu, Jing;Han, Sun-Young;Kim, Chin-Chol;Kang, Sang-Ug
    • Journal of KIISE:Computing Practices and Letters
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    • v.16 no.12
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    • pp.1141-1153
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    • 2010
  • This paper introduces ONLIS(Overlay Multicast Network for Live IPTV Service), a novel overlay multicast network optimized to deliver live broadcast IPTV stream. We analyzed IPTV reference model of ITU-T IPTV standardization group in terms of network and stream delivery from the source networks to the customer networks. Based on the analysis, we divide IPTV reference model into 3 networks; source network, core network and access network, ION(Infrastructure-based Overlay Multicast Network) is employed for the source and core networks and PON(P2P-based Overlay Multicast Network) is applied to the access networks. ION provides an efficient, reliable and stable stream distribution with very negligible delay while PON provides bandwidth efficient and cost effective streaming with a little tolerable delay. The most important challenge in live P2P streaming is to reduce end-to-end delay without sacrificing stream quality. Actually, there is always a trade-off between delay & stream quality in conventional live P2P streaming system. To solve this problem, we propose two approaches. Firstly, we propose DSPT(Distributed Streaming P2P Tree) which takes advantage of combinational overlay multicasting. In DSPT, a peer doesn't fully rely on SP(Supplying Peer) to get the live stream, but it cooperates with its local ANR(Access Network Relay) to reduce delay and improve stream quality. When RP detects bandwidth drop in SP, it immediately switches the connection from SP to ANR and continues to receive stream without any packet loss. DSPT uses distributed P2P streaming technique to let the peer share the stream to the extent of its available bandwidth. This means, if RP can't receive the whole stream from SP due to lack of SP's uploading bandwidth, then it receives only partial stream from SP and the rest from the ANR. The proposed distributed P2P streaming improves P2P networking efficiency.

Estimation of GARCH Models and Performance Analysis of Volatility Trading System using Support Vector Regression (Support Vector Regression을 이용한 GARCH 모형의 추정과 투자전략의 성과분석)

  • Kim, Sun Woong;Choi, Heung Sik
    • Journal of Intelligence and Information Systems
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    • v.23 no.2
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    • pp.107-122
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    • 2017
  • Volatility in the stock market returns is a measure of investment risk. It plays a central role in portfolio optimization, asset pricing and risk management as well as most theoretical financial models. Engle(1982) presented a pioneering paper on the stock market volatility that explains the time-variant characteristics embedded in the stock market return volatility. His model, Autoregressive Conditional Heteroscedasticity (ARCH), was generalized by Bollerslev(1986) as GARCH models. Empirical studies have shown that GARCH models describes well the fat-tailed return distributions and volatility clustering phenomenon appearing in stock prices. The parameters of the GARCH models are generally estimated by the maximum likelihood estimation (MLE) based on the standard normal density. But, since 1987 Black Monday, the stock market prices have become very complex and shown a lot of noisy terms. Recent studies start to apply artificial intelligent approach in estimating the GARCH parameters as a substitute for the MLE. The paper presents SVR-based GARCH process and compares with MLE-based GARCH process to estimate the parameters of GARCH models which are known to well forecast stock market volatility. Kernel functions used in SVR estimation process are linear, polynomial and radial. We analyzed the suggested models with KOSPI 200 Index. This index is constituted by 200 blue chip stocks listed in the Korea Exchange. We sampled KOSPI 200 daily closing values from 2010 to 2015. Sample observations are 1487 days. We used 1187 days to train the suggested GARCH models and the remaining 300 days were used as testing data. First, symmetric and asymmetric GARCH models are estimated by MLE. We forecasted KOSPI 200 Index return volatility and the statistical metric MSE shows better results for the asymmetric GARCH models such as E-GARCH or GJR-GARCH. This is consistent with the documented non-normal return distribution characteristics with fat-tail and leptokurtosis. Compared with MLE estimation process, SVR-based GARCH models outperform the MLE methodology in KOSPI 200 Index return volatility forecasting. Polynomial kernel function shows exceptionally lower forecasting accuracy. We suggested Intelligent Volatility Trading System (IVTS) that utilizes the forecasted volatility results. IVTS entry rules are as follows. If forecasted tomorrow volatility will increase then buy volatility today. If forecasted tomorrow volatility will decrease then sell volatility today. If forecasted volatility direction does not change we hold the existing buy or sell positions. IVTS is assumed to buy and sell historical volatility values. This is somewhat unreal because we cannot trade historical volatility values themselves. But our simulation results are meaningful since the Korea Exchange introduced volatility futures contract that traders can trade since November 2014. The trading systems with SVR-based GARCH models show higher returns than MLE-based GARCH in the testing period. And trading profitable percentages of MLE-based GARCH IVTS models range from 47.5% to 50.0%, trading profitable percentages of SVR-based GARCH IVTS models range from 51.8% to 59.7%. MLE-based symmetric S-GARCH shows +150.2% return and SVR-based symmetric S-GARCH shows +526.4% return. MLE-based asymmetric E-GARCH shows -72% return and SVR-based asymmetric E-GARCH shows +245.6% return. MLE-based asymmetric GJR-GARCH shows -98.7% return and SVR-based asymmetric GJR-GARCH shows +126.3% return. Linear kernel function shows higher trading returns than radial kernel function. Best performance of SVR-based IVTS is +526.4% and that of MLE-based IVTS is +150.2%. SVR-based GARCH IVTS shows higher trading frequency. This study has some limitations. Our models are solely based on SVR. Other artificial intelligence models are needed to search for better performance. We do not consider costs incurred in the trading process including brokerage commissions and slippage costs. IVTS trading performance is unreal since we use historical volatility values as trading objects. The exact forecasting of stock market volatility is essential in the real trading as well as asset pricing models. Further studies on other machine learning-based GARCH models can give better information for the stock market investors.

Word-of-Mouth Effect for Online Sales of K-Beauty Products: Centered on China SINA Weibo and Meipai (K-Beauty 구전효과가 온라인 매출액에 미치는 영향: 중국 SINA Weibo와 Meipai 중심으로)

  • Liu, Meina;Lim, Gyoo Gun
    • Journal of Intelligence and Information Systems
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    • v.25 no.1
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    • pp.197-218
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    • 2019
  • In addition to economic growth and national income increase, China is also experiencing rapid growth in consumption of cosmetics. About 67% of the total trade volume of Chinese cosmetics is made by e-commerce and especially K-Beauty products, which are Korean cosmetics are very popular. According to previous studies, 80% of consumer goods such as cosmetics are affected by the word of mouth information, searching the product information before purchase. Mostly, consumers acquire information related to cosmetics through comments made by other consumers on SNS such as SINA Weibo and Wechat, and recently they also use information about beauty related video channels. Most of the previous online word-of-mouth researches were mainly focused on media itself such as Facebook, Twitter, and blogs. However, the informational characteristics and the expression forms are also diverse. Typical types are text, picture, and video. This study focused on these types. We analyze the unstructured data of SINA Weibo, the SNS representative platform of China, and Meipai, the video platform, and analyze the impact of K-Beauty brand sales by dividing online word-of-mouth information with quantity and direction information. We analyzed about 330,000 data from Meipai, and 110,000 data from SINA Weibo and analyzed the basic properties of cosmetics. As a result of analysis, the amount of online word-of-mouth information has a positive effect on the sales of cosmetics irrespective of the type of media. However, the online videos showed higher impacts than the pictures and texts. Therefore, it is more effective for companies to carry out advertising and promotional activities in parallel with the existing SNS as well as video related information. It is understood that it is important to generate the frequency of exposure irrespective of media type. The positiveness of the video media was significant but the positiveness of the picture and text media was not significant. Due to the nature of information types, the amount of information in video media is more than that in text-oriented media, and video-related channels are emerging all over the world. In particular, China has made a number of video platforms in recent years and has enjoyed popularity among teenagers and thirties. As a result, existing SNS users are being dispersed to video media. We also analyzed the effect of online type of information on the online cosmetics sales by dividing the product type of cosmetics into basic cosmetics and color cosmetics. As a result, basic cosmetics had a positive effect on the sales according to the number of online videos and it was affected by the negative information of the videos. In the case of basic cosmetics, effects or characteristics do not appear immediately like color cosmetics, so information such as changes after use is often transmitted over a period of time. Therefore, it is important for companies to move more quickly to issues generated from video media. Color cosmetics are largely influenced by negative oral statements and sensitive to picture and text-oriented media. Information such as picture and text has the advantage and disadvantage that the process of making it can be made easier than video. Therefore, complaints and opinions are generally expressed in SNS quickly and immediately. Finally, we analyzed how product diversity affects sales according to online word of mouth information type. As a result of the analysis, it can be confirmed that when a variety of products are introduced in a video channel, they have a positive effect on online cosmetics sales. The significance of this study in the theoretical aspect is that, as in the previous studies, online sales have basically proved that K-Beauty cosmetics are also influenced by word-of-mouth. However this study focused on media types and both media have a positive impact on sales, as in previous studies, but it has been proven that video is more informative and influencing than text, depending on media abundance. In addition, according to the existing research on information direction, it is said that the negative influence has more influence, but in the basic study, the correlation is not significant, but the effect of negation in the case of color cosmetics is large. In the case of temporal fashion products such as color cosmetics, fast oral effect is influenced. In practical terms, it is expected that it will be helpful to use advertising strategies on the sales and advertising strategy of K-Beauty cosmetics in China by distinguishing basic and color cosmetics. In addition, it can be said that it recognized the importance of a video advertising strategy such as YouTube and one-person media. The results of this study can be used as basic data for analyzing the big data in understanding the Chinese cosmetics market and establishing appropriate strategies and marketing utilization of related companies.

The Meaning of Extraordinary Circumstances under the Regulation No 261/2004 of the European Parliament and of the Council (EC 항공여객보상규칙상 특별한 사정의 의미와 판단기준 - 2008년 EU 사법재판소 C-549/07 (Friederike Wallentin-Hermann v Alitalia) 사건을 중심으로 -)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.109-134
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    • 2014
  • Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation of assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (Regulation No 261/2004) provides extra protection to air passengers in circumstances of denied boarding, cancellation and long-delay. The Regulation intends to provide a high level of protection to air passengers by imposing obligations on air carriers and, at the same time, offering extensive rights to air passengers. If denied boarding, cancellation and long-delay are caused by reasons other than extraordinary circumstances, passengers are entitled for compensation under Article 7 of Regulation No 261/2004. In Wallentin-Hermann v Alitalia-Linee Aeree Italiane SpA(Case C-549/07, [2008] ECR I-11061), the Court did, however, emphasize that this does not mean that it is never possible for technical problems to constitute extraordinary circumstances. It cited specific examples of where: an aircraft manufacturer or competent authority revealed that there was a hidden manufacturing defect on an aircraft which impacts on safety; or damage was caused to an aircraft as a result of an act of sabotage or terrorism. Such events are not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin. One further point arising out of the court's decision is worth mentioning. It is not just necessary to satisfy the extraordinary circumstances test for the airline to be excused from paying compensation. It must also show that the circumstances could not have been avoided even if all reasonable measures had been taken. It is clear from the language of the Court's decision that this is a tough test to meet: the airline will have to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

The Framework of Research Network and Performance Evaluation on Personal Information Security: Social Network Analysis Perspective (개인정보보호 분야의 연구자 네트워크와 성과 평가 프레임워크: 소셜 네트워크 분석을 중심으로)

  • Kim, Minsu;Choi, Jaewon;Kim, Hyun Jin
    • Journal of Intelligence and Information Systems
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    • v.20 no.1
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    • pp.177-193
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    • 2014
  • Over the past decade, there has been a rapid diffusion of electronic commerce and a rising number of interconnected networks, resulting in an escalation of security threats and privacy concerns. Electronic commerce has a built-in trade-off between the necessity of providing at least some personal information to consummate an online transaction, and the risk of negative consequences from providing such information. More recently, the frequent disclosure of private information has raised concerns about privacy and its impacts. This has motivated researchers in various fields to explore information privacy issues to address these concerns. Accordingly, the necessity for information privacy policies and technologies for collecting and storing data, and information privacy research in various fields such as medicine, computer science, business, and statistics has increased. The occurrence of various information security accidents have made finding experts in the information security field an important issue. Objective measures for finding such experts are required, as it is currently rather subjective. Based on social network analysis, this paper focused on a framework to evaluate the process of finding experts in the information security field. We collected data from the National Discovery for Science Leaders (NDSL) database, initially collecting about 2000 papers covering the period between 2005 and 2013. Outliers and the data of irrelevant papers were dropped, leaving 784 papers to test the suggested hypotheses. The co-authorship network data for co-author relationship, publisher, affiliation, and so on were analyzed using social network measures including centrality and structural hole. The results of our model estimation are as follows. With the exception of Hypothesis 3, which deals with the relationship between eigenvector centrality and performance, all of our hypotheses were supported. In line with our hypothesis, degree centrality (H1) was supported with its positive influence on the researchers' publishing performance (p<0.001). This finding indicates that as the degree of cooperation increased, the more the publishing performance of researchers increased. In addition, closeness centrality (H2) was also positively associated with researchers' publishing performance (p<0.001), suggesting that, as the efficiency of information acquisition increased, the more the researchers' publishing performance increased. This paper identified the difference in publishing performance among researchers. The analysis can be used to identify core experts and evaluate their performance in the information privacy research field. The co-authorship network for information privacy can aid in understanding the deep relationships among researchers. In addition, extracting characteristics of publishers and affiliations, this paper suggested an understanding of the social network measures and their potential for finding experts in the information privacy field. Social concerns about securing the objectivity of experts have increased, because experts in the information privacy field frequently participate in political consultation, and business education support and evaluation. In terms of practical implications, this research suggests an objective framework for experts in the information privacy field, and is useful for people who are in charge of managing research human resources. This study has some limitations, providing opportunities and suggestions for future research. Presenting the difference in information diffusion according to media and proximity presents difficulties for the generalization of the theory due to the small sample size. Therefore, further studies could consider an increased sample size and media diversity, the difference in information diffusion according to the media type, and information proximity could be explored in more detail. Moreover, previous network research has commonly observed a causal relationship between the independent and dependent variable (Kadushin, 2012). In this study, degree centrality as an independent variable might have causal relationship with performance as a dependent variable. However, in the case of network analysis research, network indices could be computed after the network relationship is created. An annual analysis could help mitigate this limitation.

International Law on the Flight over the High Seas (공해의 상공비행에 관한 국제법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.3-30
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    • 2011
  • According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.

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