• Proceedings of the KSR Conference
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• 2010.06a
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• pp.2058-2063
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• 2010

United Nations Framework Convention on Climate Change(UNFCCC) is one of the international environmental convention with the goal of stabilizing Greenhouse Gas(GHG) concent in the atmosphere and preventing potentially dangerous change in the earth's climate. The purpose of this convention is to reduce fossil fuel consumption and to prevent GHG emission. The Republic of Korea was one of the Annex-II parties submitted its national communication to the UNFCCC. As a developing county, there is no GHG emission reduction commitments made by South Korea during first commitment period(2008~2012). On the contrary, South Korea' status as an OECD member, joining in 1996, ranks 6th in GHG emission. Furthermore the rate of increase of GHG is first among OECD countries in year 2005. As a result, Korea will probably be incorporated into Annex-I in second commitment period (after 2013). So, Korea government established and announced Voluntary GHG Reduction scheme to reduce emissions of 4%(accounting for 30% reduction base on Business As Usual) from the 2005 level by the year 2020 for mitigation of reduction duty impact. In specific case of Korea, transportation section occupied almost 21% of total energy consumption and nearly 17% of total GHG emission at 2005, so systematic emission management is required. To do so, in this research, we focus on systematic way of GHG management system to handle GHG reduction duties in Railroad section.

• Korean Journal of Heritage: History & Science
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• v.49 no.3
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• pp.256-269
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• 2016

In September 2015, the United Nations (UN) has adopted the 2030 Agenda for Sustainable Development as a goal of the international community to push forward from the year 2016 to 2030. Accordingly, the United Nations Educational, Scientific and Cultural Organization(UNESCO) has established a new chapter on sustainable development and intangible heritage the through revision of the Operational Directives for the Implementation of the Convention for the Safeguarding of the Intangible Cultural Heritage. Although Sustainable development is a fundamental principle of the Convention for the Safeguarding of the Intangible Cultural Heritage, it is believed that the Convention has not provided guidelines of safeguarding intangible cultural heritage for sustainable development. The Operational Directives provide States Parties with guidelines on the integration of sustainable development and safeguarding of the intangible cultural heritage. Intangible Cultural Property Institution of South Korea was designed to preserve the traditional culture in the economic development process of the industrialization since the 1960s. The institution played a role of cultural support on the development of the modern concepts. Now South Korea should implement intangible cultural heritage policy combined with sustainable development while succeeding the efforts from the former development. This study examines the meaning of sustainable development and how it should be implemented in the intangible cultural heritage policy in South Korea. And this study suggests that the South Korea's intangible cultural heritage policy should foster sustainable development particularly along with social development and human development.

• Strategy21
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• s.40
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• pp.115-130
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• 2016

The security environment surrounding the East Asian seas is rapidly changing due to the naval arms race among coastal states. The arms race is likely to worsen the security dilemma of the countries involved, thus increasing the chances for armed conflicts. It is too early to tell how the contemporary naval arms race in the region will evolve. But, for sure, the level of uncertainty is increasingly becoming high and intense. At the same time, there is emerging a legal warfare or lawfare among the rival countries. In particular, the United States and China have been involved in a serious debate about the nature and scope of the right of innocent passage and freedom of navigation in other countries' maritime zones. In collaboration with its regional allies, the United States has also put normative pressures on China with its excessive claims in the South China Sea. The latest arbitral tribunal case between the Philippines and China illustrates the point. With both arms race and normative competition in play, the future of East Asian maritime security will remain very complex and uncertain.

• 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.

• Ocean and Polar Research
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• v.45 no.1
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• pp.11-22
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• 2023

For the commercial development of deep-sea mineral resources, the International Seabed Authority is engaged in wide ranging discussions to establish the Regulations on Exploitation. The core issue of the Regulations on Exploitation is how to protect the marine environment along with the royalty system that distributes the profits from such development. The United Nations Convention on the Law of the Sea stipulates the protection of the marine environment in Part 12 (Articles 192-237) for the preservation of the marine environment, and in the 1994 Implementation Agreement, the protection of the marine environment at the stage of application for approval of the plan of work together with the Regulations on Exploration for the protection of the marine environment. For this purpose, certain obligations are imposed on the applicants. In the Regulations on Exploitation, financial systems such as environmental performance guarantee, insurance, and environmental compensation funds, which were not found in the Regulations on Exploration, are added to further specify the measures for marine environment protection generally stipulated in the 1982 Law of the Convention or 1994 Implementation Agreement. Regarding the financial system for marine environment protection, the Marine Environmental Protection and Conservation Informal Working Group meeting is revising the purpose of the environmental compensation fund. Among these financial system elements, it is judged that there is a possibility that the environmental performance guarantee and insurance may overlap considerably, and it is also thought that the establishment of the environmental compensation fund can also provide a substantial sum of money that will meet the purpose of the compensation fund in terms of securing its financial resources. In this paper, the question is posed as to whether or not this can be accomplished. In this respect, this paper examines the environmental performance guarantee, insurance, and environmental compensation fund, which are necessary for the protection of the marine environment of the deep seabed, but which can impose appropriate obligations on contractors for the commercial development of deep seabed mineral resources. At the same time as figuring out how it is operated in relation to relevant domestic laws, I would like to propose a plan to reflect the implications derived from the domestic law operation process in the Regulations on Exploitation.

• The Journal of Fisheries Business Administration
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• v.15 no.1
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• pp.81-95
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• 1984

The international marine system was plunged into the age of divided occupation with the adoption of the United Nations Convention on Law of the Sea in April, 1982. The exclusive economic zone of 200 Nautical miles set up by the Convention confirms the assertions of many coastal states whose fishing industries are not well-developed. However, it is unfavorable to the countries whose fisheries are being carried on in deep-sea, because the coastal state has sovereign rights to conserve and manage living resources in it. Under the circumstances the Korean deep-sea fisheries had to find ways out of the difficulties. The ways may be divided into two ways, namely, licensed fishing and joint-venture fishing. The former type becomes unfavorable to foveign fisheries because of decreasing quarts, rising fees and remunerations. The latter type properly meets the wishes of countries concerned and has some merits. However, there is a possibility of bearing the risk in case of investment in developing countries. The insurance system is effective to make up for the loss from the risk, although not perfect. The deep-sea fisheries depressed now by accumulated difficulties need more financial support from the Goverment for the active promotion of overseas joint-venture.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.3-22
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• 2008

The purpose of this article is to make research on the meaning and function of the place of arbitration for, the international commercial arbitration. For this purpose is to analyse regal issue the meaning and function of the place of arbitration on the international commercial arbitration relating to the arbitration law and the recognition and enforcement of foreign arbitral awards. In this Article is dealt with Art. 2 para. 1 of the Korean Arbitration Act(KAA). The KAA corresponds with the connection to the place of arbitration, the internationally prevailing 'the principle of territoriality'. The place of arbitration is therefore great practical relevance, as there is not only the existing legal supplements on the arbitration procedure applies, but also in the state courts rule for the support and control of the tribunal are responsible. In this context, this article first intends the importance of the place of arbitration for determination of the applicable procedural law. Secondly, this article intends the importance of the place of arbitration for the recognition and enforcement of foreign arbitral awards under "the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards(New York Convention)". In conclusion, this article stresses, that the place of arbitration setting under Article 21 para. 1 KAA determine not only the applicable arbitration law, but also the jurisdiction of state courts in lawsuit for repeal of arbitration and qualification as a domestic or foreign arbitration award.

• Solar Energy
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• v.18 no.1
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• pp.3-18
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• 1998

Since entered into force in 1994, United Nations Framework Convention on Climate Change(UNFCCC) would require all the member nations to adopt national programme for mitigating climate change and industrialized countries to undertake specific commitments of carbon dioxide emission reduction. Considering all the situation, it may be safe to assume that Korea would undertake such commitment early in the next century. Unfortunately, however, we are in the position that is very disadvantageous in preparing national strategies for carbon dioxide reduction mainly due to our rigid energy-intensive economic structure and poor geographic conditions. Solar energy is regarded as most available renewable energy resource in Korea and hence development of solar energy technology would serve as one of most effective alternatives for energy conservation and renewable energy utilization. In this regard, the presenting paper discuss the perspectives on solar energy development in relation to carbon dioxide reduction strategies. Such technologies of solar cell mass production and solar heating were considered to be most advantageous among many solar energy solutions discussed in this paper.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.61-104
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• 2010

The purpose of this work aims to analyse the principles of good faith under international transaction with CLOUT and UNILEX cases. Article 7(1) CISG sets the stage for the interpretation by promoting a uniform approach using good faith and the international charter of the convention. In other words, article 7(1) defines the purpose and the principle of interpretation and is applied to the Convention as a whole. As such, it also includes article 7(2), which goes beyond the big picture and settles the problems of gap filling. It is also important to understanding that the mandate of the CISG is to look for a solution, which is not only restricted to interpretation but extends to solving a problem. The problem in this work is to find out how gap filling is achieved and, because of the autonomous mandate of interpretation, to explain and understand its relationship with domestic law. The solution to the interpretation of article 7(2) must be found within the four corners of the CISG. To restate, article 7(2) describes two situations where gap filling is needed. First, if the matter is governed by the Convention but not expressly settled, then a gap must be filled in conformity with general principles on which it is based. Second, if the matter is not covered then the gap must be filled taking domestic law into consideration. There are two reasons why a matter may not be covered by the Convention. First and most obviously, it has been specifically exclude from the sphere of Application by the CISG itself, such as validity in article 4. Second, changes in business methods will lead to gaps. The United Nations has established a service known as CLOUT. This contains abstracts of hundreds of selected decisions of both courts and arbitration tribunals. And UNILEX is cosponsored by the Italian Centre for Comparative and Foreign Law Studies and UNIDROIT Contract Principles. The cases are in abstract format, but, when available, the full text of the case in the original language is also supplied.

• KIEAE Journal
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• v.8 no.5
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• pp.69-76
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• 2008

Recent industrial development and technological breakthroughs have made our life much more convenient, however, at the cost of environmental degradation resulting from indiscreet focus on development in combination of disregard of impact on eco system. Notably, global warming is one of the most serious environmental issues, triggering attention for environmental protection in Korea and elsewhere. To address such issues, nations around the world are beefing up environmental regulatory framework such as UNFCCC(United Nations Framework Convention on Climate Change) to tackle environmental challenges from global perspective. Against the backdrop, Korea has been engaging actively in global initiatives to reduce climate change, ratifying UNFCCC in 1993 and the Kyoto Protocol in October, 2002. However, unlike the government responding to environmental degradation in earnest, construction industry is far from making efforts to reduce wastes. Construction waste is a source of environmental deterioration world wide and adds to the aggregate cost that construction companies should assume. Korean construction firms also need to develop initiative aggressively to respond to changes in environmental policies and reduce construction costs. Therefore, this study aims at examining sources of wastes in construction sites and suggest solution in order to prod local construction companies to develop countermeasures.