• The Korean Journal of Air & Space Law and Policy
• /
• v.18
• /
• pp.247-324
• /
• 2003

Considering Republic of Korea that is known as the worlds one of the most compact airspace, together with development of technology of aerospace and ever-strengthening weapon systems of aircraft, is, in its reality, in a dire need for more practical infrastructure against any intrusion, of course also being mindful of the situation with the North Korea, to its national airspace or other controlled airspace. Republic of Koreas current legislative regime is unable to effectively respond to such crisis on any legal ground, and responsible government members are relying heavily on relevant military laws and regulations. Naturally, there exists strong possibility of various problems when there occurs an actual intrusion to Koreas airspace and lawful and legal resolution of the aftereffect is demanded. This article categorizes Korean peninsula and its national airspace into various kinds of airspaces; KADIZ; FIR; airspace above EEZ; airspace above contiguous zone; airspace above the high sea, and attempted to research and study these respective categories, given the unique nature of airspace and the current responsive measure. Furthermore, this article will review some of the relevant legislative actions and their sense of direction as solution to the discussed problems.

• The Korean Journal of Air & Space Law and Policy
• /
• v.19 no.1
• /
• pp.141-163
• /
• 2004

The limits in the use of force against a civil aircraft which intrudes into sovereign airspace have not been defined in the aspect of international law. Therefore, this paper intends to analyze international laws and practices about sovereign airspace intrusions by the civil aircraft, and to examine the legality in the use of force against the civil aircraft hijacked by means of political terrorism, in particular. In this paper, the sphere of study is restricted within the problems of interception against the civil aircraft which intrudes into sovereign airspace in times of peace, excluding the problems against a state aircraft, and the responsibilities for the civil or criminal affairs due to interceptions. Herein this paper analyzes the existing international laws and the cases of each nation's use of force against the civil aircraft which intrudes into sovereign airspace, and organizes the conditions in the use of force which have been accepted in international laws and practices, and then applies them to the special case of civil aircraft hijacked by political terrorism. Consequently, this paper suggests that the basic principles of necessity, ultimateness, and proportionality be taken into consideration in the use of force against civil aircraft which intrudes into sovereign airspace. This study finally suggests that the possibility in the use of force against civil aircraft hijacked by political terrorism might be higher than any type of civil aircraft intrusions into sovereign airspace due to the factor of necessity of national security concerned.