• Title/Summary/Keyword: customary law

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Probabilistic Analysis of the Stability of Soil Slopes (사면안정의 확률론적 해석)

  • Kim, Young Su
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.8 no.3
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    • pp.85-90
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    • 1988
  • A probabilistic model for the failure in a homogeneous soil slope is presented. The Safety of the slope is measured through its probability of failure rather than the customary factor of safety. The safety margin of slope failure is assumed to follow a normal distribution. Sources of uncertainties affecting characterization of soil property in a homogeneous soil layer include inherent spatial variability., estimation error from insufficient samples, and measurement errors. Uncertainties of the shear strength-along potential failure surface are expressed by one-dimensional random field models. The rupture surface, created at toe of a soil slope, has been considered to propagate towards the boundary along a path following an exponential (log-spiral) law. Having derived the statistical characteristics of the rupture surface and of the forces which act along it, the probability of failure of the slope was found. Finally the developed procedure has been applied in a case study to yield the reliability of a soil slope.

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A Study on the Jurisdictional Problems for Fishing Vessels Engaging High Sea Fishery and the Responsibility of Flag States (공해조업선(公海操業船)에 대한 관할권문제(管轄權問題)와 기국(旗國)의 책임(責任))

  • Choe, Jong-Hwa
    • Journal of Fisheries and Marine Sciences Education
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    • v.5 no.2
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    • pp.138-146
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    • 1993
  • In accordance with the establishment of 200 nautical miles EEZ regime as a customary international law since the mid - 1980s, the area of global high seas became reduced relatively. On the other hand, the importance of high seas fishing ground became serious for the distant-water fishing states like Korea. But it can be expected that international dispute on the jurisdictional problem of the fishing vessels engaging high sea fishery will occur frequently owing to institutional inertia of the UNLOS Convention on this matter. "The Draft Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" as an international code of conduct for responsible fishing which was adopted by FAO in 1993 is providing the more consolidating and definiting rules for jurisdictional responsibility of flag states to make completion the loophole of the UNLOS Convention. As a precondition for the effective control and enforcement of activities of the fishing vessels engaging high sea fishery, the Draft Agreement is providing some articles allowing the flag states to hold the rights of granting nationality, fishery permission, fishery supervision and control with punishment for the fishing vessels entitled to fly their own flag. Accordingly it can be evaluated that this Draft Agreement does not deviate on the whole from the traditional practice and the basic legal principle of the UNLOS Convention.

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Rukun and Adat in Javanese Villages: A New Territorial Model for Understanding Javanese Culture (자바 마을의 루꾼과 아닷: 자바 문화 이해를 위한 영토성 모델 제안)

  • CHO, Youn-Mee
    • The Southeast Asian review
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    • v.23 no.1
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    • pp.195-234
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    • 2013
  • Javanese culture has been perceived as peace-oriented and conflict-avoiding in both academic studies and local people's discourses, and this perception has been crystallized in the "rukun model" for understanding Javanese culture. But in reality, although the rukun values have been internalized in Javanese mindset, violence has never ceased in Javanese society and even seems more widespread in the Indonesian reform era. Based on this understanding, this paper reveals the limitations of peace-oriented rukun model which cannot explain conflict and violence, and instead suggests an alternative "territorial model" which can involve both peace and conflict. For that purpose, the author examines aspects of territoriality embedded in three components of Javanese villages: people, territory, and adat, and argues that territoriality works as the principle of organizing and managing Javanese society, as shown in their social stratum and various cultural practices as well as the way morality and justice are defined. By theorization of territorial model, we can understand rukun values and adat from a new perspective and thus achieve a more complete understanding of Javanese culture.

A Study on the Marine Environmental Protection of Northeast Asian Seas in International Law (국제법상 동북아해저환경보존에 관한 연구)

  • 이윤철
    • Journal of the Korean Institute of Navigation
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    • v.19 no.2
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    • pp.77-97
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    • 1995
  • The protection of the marine environment is one of the main international legal problems in recent years. In parallel with the industrial development, a great quantity of chemical materials were used and in consequence, mass transportation of oil and other dangerous materials was required on the one hand, and discharge of industrial wasters drew also the attention on the other hand. Furthermore, oil tankers accidents, mass use of nuclear materials, sea-bed exploration and exploitation stimulated further deep human concern on the marine environment. The expansion of international concern to new and more dangerous sources of marine pollution regarded more strict and legal control on the Oil Tanker(DWT 95, 000tons, Cb=0.805) model. Calculation results are compared to the international, especially regional level. In particular, this study is concerned with the preservation of the Northeast Asian Seas surrounded by Japan, the Russian Far East, South Korea, North Korea, China and Taiwan. These adjacent countries must intensify cooperation regarding the prevention, reduction and control of the contamination of the sea. And this cooperation between the States concerned should, as much as possible, be aimed at maximizing the effectiveness of measures to prevent or abate transboundary environmental pollution. To achieve this purpose, States concerned should be imposed upon duties such as duty to assess the environmental impact, duty to inform, duty to consult and duty to assist on the basis of general principle of international law, international customary law and other various resolutions of international bodies. Depending on the nature and extent of actual or potential transboundary pollution with the use of a natural resource or the environment in general the establishment of some form of institutionalized cooperation between the States concerned may become useful or indispensable. The functions of this Organization are, inter alia, to keep the implementation of the Convention and the protocals under continuous observation, to make recommendations on regional or sub-regional rules and standards to be elaborated and on measures to be taken by the Contracting Parties, to be notified of any grave and imminent danger from pollution or threat of pollution by the Contracting Parties and to promote in close cooperation with appropriate governmental bodies additional measures to protect the marine environment of the Northeast Asian Seas, and so on. Above mentioned countries, first of all, are located within the Northeast Asian Seas geographically and, therefore, take responsibilities of preserving the clean sea against marine interferences regardless of any difference of the social, political and economic systems. They must be followed under the UNCLOS and other marine conventions. Under the present circumstances, Northeast Asian Seas will become dead seas in case that there is no instant and prompt action against pollution. Hence we have an absolute obligation to promote the development of the mandatory international environmental law, which in turn can faciliate more effective implementation of the regional cooperation by the neighbouring states within this area.

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The Positions and Personnel of the Naeui System in the Late Joseon Dynasty (조선후기 내의원 의관의 직임과 인사)

  • PARK Hun-pyeong
    • The Journal of Korean Medical History
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    • v.35 no.1
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    • pp.45-57
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    • 2022
  • This paper examines the positions and personnel of the Naeui system in the late Joseon Dynasty. First, the regulations of the Naeui system were investigated through the literature related to Naeuiwon. Next, the operation of the regulations, changes in the system, and causes were analyzed through the Seungjeongwon Diary (承政院日記). We discovered: 1) Naeuiwon's medical bureaucracy originally did not have a fixed number of positions, but gradually came into being with a quota regulation. Uiyagdongcham-ui (議藥同參醫) and Naechim-ui (內鍼醫) did not have a quota, but was initially set at 10 people, then expanded to 12 people. Originally, the royal physician had no fixed number, and in 1864 the first quota was 7 people. 2) 'Gyeom-eoui' and 'gachanaeui' served to expand Naeui's quota. After the mid-17th century, 'Gyeom-eoui' expanded the quota of royal physicians to secure a position for the medical bureaucracy of Naeuiwon. 'Gachanae' after King Jeongjo serves to add to the quota while obeying the provisions of the law. 3) The customary promotion of Naeuiwon's medical bureaucracy expanded and became stricter after the mid-19th century, during which special promotions became more frequent than in previous periods. As for the provision of appointment to the 6th class after 30 months, Uiyagdongcham-ui was established in 1686 and Naechim-ui was established in 1718, increasing the chance for customary promotion. In the case of Naeui, the regulation for the Secretary General to raise the degree of official rank has been strengthened since the Cheoljong era. However, special promotions were frequent in the mid-19th century because the number of high-ranking officers increased compared to the previous period. In conclusion, the Naeui system in the late Joseon Dynasty changed in the direction of strengthening their own privileges. The Naeuiwon's quota was increased and promotion was guaranteed through the system and customs. Since the mid-18th century, there have been some regulatory restrictions, but the framework has not changed. This is confirmed not only in the regulations of the documents related to the Naeuiwon, but also in the Seungjeongwon Diary. Naeuiwon's medical bureaucracy enjoyed superiority in promotion and status compared to other forms of technical bureaucracy.

A Study on the Current Nutritin Labeling Practices for the Processed Foods Retailed in the Supermarket in Korea (시판 포장가공 식품의 영양표시 현황에 관한 조사연구)

  • 장순옥
    • Journal of Nutrition and Health
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    • v.30 no.1
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    • pp.100-108
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    • 1997
  • Our current food hygiene law mandates nutrition label (NL) for the special nutrition foods, health support foods, instant foods, and foods with certain nutrient emphasized note, only. Currently more processed foods are bearing nutrition labels though the format is quite inconsistant. This study examined the status on current nutrition labeling practices for the processed foods that are retailed in the supermarket. The obtained information was assessed in the aspects of numerical data presentation on nutrients content, descriptive terms, health claim, and the format. The results are summarized as follows. 1) Foods with NL are limited to the food category specified by current hygiene law while voluntary nutition labeling is few. 2) Descriptive terms such as free, low, and sufficient are not substantiated with quantitative data. The efficacy of microelements which has not been clalified yet are overemphasized but major nutrients are ignored. 3) The regulations for the descriptive terms are set on the base of the nutrient content per 100g or 100ml under current nutrition labeling act. It would mislead consumers thus the definition for these descriptor be better set on the unit of the amount of food customary eaten at one time. For this the standard serving size should be set officially. 4) Quantitative nutrition information given on food products is difficult to compare because of the lack in formality. The title of NL, load and kinds of nutritents, order of nutrients listed, the unit of expression, RDA comparision, and reference RDA are inconsistant among the foods similar in dietary property. Uniform format is needed to give NL the credibility and usefulness. Proividing nutrition information to the consumers with NL is a worldwide practice though its efficacy has been controversial. Under newly legistered health promotion law in Korean nutrition education is esxpected to take part in to improve national nutrition condition and NL would education is expected to take part in to improve national nutrition condition and NL would be a potent tool for public nutritions education. It appears to be the time to mandate NL to all the processed foods in the market. The result of present study would initiate further consumer experiments related to NL. Various interest groups such as food and nutrition professions, public health organizations, government regulatory agencies, food producers and marketers, and consumer groups need to particepate and communicate for the legislation of NL and the development of NL format.

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A Study on the Meaning of Outer Space Treaty in International Law (우주조약의 국제법적 의미에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.223-258
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    • 2013
  • 1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

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The Significance of Registration Convention and its Future Challenges in Space Law (등록협약의 우주법상 의의와 미래과제에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.375-402
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    • 2020
  • The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

Use of Nuclear Power Sources in Outer Space and Space Law (우주에서의 핵연료(NPS)사용과 우주법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.29-54
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    • 2007
  • Nuclear Power Sources(NPS) have been used since 1961 for the purpose of generating energy for space objects and have since then been recognized as particularly suited essential to some space operations. In January 1978 a malfuctioning Soviet nuclear powered satellite, Cosmos 954, re-entered the earth's atmosphere and disintegrated, scattering radioactive debris over a wide area of the Canadian Northwest Territory. This incident provided some reasons to international legal scholars to make some principles to regulate using NPS in outer space. In 1992 General Assembly adopted "Principles Relevant to the Use of Nuclear Power Sources in Outer Space". These NPS Principles set out certain legal and regulatory requirements on the use of nuclear and radioactive power sources for non-propulsive purposes. Although these principles, called 'soft laws', are not legal norms, they have much enfluences on state practices such as 1983 DBS Principles(Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting), 1986 RS Principles(Principles Relating to Remote Sensing of the Earth from Space) and 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of all States, Taking into Particular Account the Needs of Developing Countries. As far as 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space is concerned the main points such as free use of outer space, non-appropriation of celestial bodies, application of international law to outer space etc. have become customary international law binding all states. NPS Principles might have similar characters according to states' willingness to respect them.

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Use of Nuclear Power Sources in Outer Space and Space Law (우주에서의 핵연료(NPS)사용과 우주법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.35-58
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    • 2007
  • Nuclear Power Sources(NPS) have been used since 1961 for the purpose of generating energy for space objects and have since then been recognized as particularly suited essential to some space operations. In January 1978 a malfuctioning Soviet nuclear powered satellite, Cosmos 954, re-entered the earth's atmosphere and disintegrated, scattering radioactive debris over a wide area of the Canadian Northwest Territory. This incident provided some reasons to international legal scholars to make some principles to regulate using NPS in outer space. In 1992 General Assembly adopted "Principles Relevant to the Use of Nuclear Power Sources in Outer Space". These NPS Principles set out certain legal and regulatory requirements on the use of nuclear and radioactive power sources for non-propulsive purposes. Although these principles, called 'soft laws', are not legal norms, they have much enfluences on state practices such as 1983 DBS Principles(Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting), 1986 RS Principles(Principles Relating to Remote Sensing of the Earth from Space) and 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of all States, Taking into Particular Account the Needs of Developing Countries. As far as 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space is concerned the main points such as free use of outer space, non-appropriation of celestial bodies, application of international law to outer space etc. have become customary international law binding all states. NPS Principles might have similar characters according to states' willingness to respect them.

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