• Title/Summary/Keyword: international air law

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Legislation on Space Security: South Korean and Poland Challenges

  • Polkowska, Malgorzata
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.79-123
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    • 2019
  • This article refers to the Space security legislation in South Korea and Poland. Both states have already prepared some legislation on Security in Space- the question is the following- if there is still a need of progress and if those presented legislation are sufficient for the practical purposes of the peaceful uses of Outer Space. South Korea is a much more experienced state in using space than Poland; the same seems with the legislation. Poland as less experienced state in this matter has lots of ambitions to create the efficient legislation on Space security, so it must follow the good examples of states and institution in this matter. One of them is Korea. On the other state, Poland as a Member of EU must implement the European law in space security (in particular SSA), which seems to be priceless and efficient for the international cooperation in Space.

Guidance Law for Agile Turn of Air-to-Air Missile During Boost Phase

  • Han, Seungyeop;Bai, Ji Hoon;Hong, Seong-Min;Roh, Heekun;Tahk, Min-Jea;Yun, Joongsup;Park, Sanghyuk
    • International Journal of Aeronautical and Space Sciences
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    • v.18 no.4
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    • pp.709-718
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    • 2017
  • This paper proposes the guidance laws for an agile turn of air-to-air missiles during the initial boost phase. Optimal solution for the agile turn is obtained based on the optimal control theory with a simplified missile dynamic model. Angle-of-attack command generating methods for completion of agile turn are then proposed from the optimal solution. Collision triangle condition for non-maneuvering target is reviewed and implemented for update of terminal condition for the agile turn. The performance of the proposed method is compared with an existing homing guidance law and the minimum-time optimal solution through simulations under various initial engagement scenarios. Simulation results verify that transition to homing phase after boost phase with the proposed method is more effective than direct usage of the homing guidance law.

A Study on 2010 Beijing Convention for Antiterrorism of International Aviation - Compared Beijing Convention(2010) with Montreal Protocol - (국제항공테러방지 북경협약(2010)에 관한 연구 - 몬트리올협약과의 비교를 중심으로 -)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.79-112
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    • 2010
  • The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

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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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The Activation Measures of Airport Free Trade Zone for the Building of a Hub of International Logistics (국제물류 허브 구축을 위한 공항 자유무역지역의 활성화 방안)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.28
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    • pp.63-88
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    • 2005
  • Korean government is planning to develop the airport and its surrounding area into a Northeast Hub of Asia. In accordance with the Free Trade Zones Act, Incheon International Airport Corporation is in charge of developing the free trade zone which will be located adjacent to the airport cargo terminals. The free trade zone plays an important part for the promotion of international logistics. So the purpose of this paper is to make research on the activation measures of the airport free trade zone for the building of a hub of international logistics. As for the research, this paper reviews the current regulations of the Free Trade Zones Act. Also this paper analyzes recent plans and reports on the free trade zone by Incheon International Airport Corporation and Korean government authorities. As the results of this paper, it will contribute to the activation of the airport free trade zone, and to building Incheon International Airport into the logistics hub of Northeast Asia, and to the inducement of foreigner's investment in the free trade zone.

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A Study on the Airport and Airspace Management (공항 및 공역관리 제도 개선에 관한 연구)

  • Kim, Byeong-Jong;Yang, Han-Mo
    • The Korean Journal of Air & Space Law and Policy
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    • v.12
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    • pp.246-274
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    • 2000
  • This paper discusses the qualification criteria for international hub airport and suggests the strategies for Inchon International Airport (IIA) to be the hub airport in the East Asia. Recently, many East and Southeast Asia countries have invested on large scale international airports like Chap Lak Kok airport, Pudong airport etc.. as Korea have done on IIA. IIA to be open in 2001 will face a serious competition with these airport. Being a hub airport requires geographic proximity. sufficient volume of local traffic. uncongested infrastructure, a good accessibility to surrounding industrial centers. high quality of service to the airline. In order to promote airlines to land at IIA. Korea Government need to establish Open Sky Policy to many countries and national flag carriers of Korea need to be involved in a global alliance. Developing vicinity of IIA as free trade zone will generated more local traffic which makes IIA as more attractive candidate for airlines. The Korea airspace is one of the most restricted area in the world becuase of the national security. which limits civil aircraft maneuvers. The airspace need to be re-structured to exploit the full capacity of IIA.

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A Review of Use of Outer Space for Military Purposes From an International Law Perspective (우주의 군사적 이용에 관한 국제법적 검토 - 우주법의 점진적인 발전을 중심으로 -)

  • Jung, Yung-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.1
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    • pp.303-325
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    • 2015
  • The latest slogan put forth by the international space community is the safety, security, and sustainability of outer space activities. The security of outer space activities, in particular, would be defined as the secure state from space-based threats. The latter comprises passive threats (such as collision with other satellites and space debris) and aggressive threats (such as electromagnetic interference, arms race on the earth or in outer space, and military attacks). Has outer space been used for military purposes in practice? If so, does international law regulate the military space activities it? The use of outer space for military purposes is referred to as space militarization and space weaponisation. Satellites has been used in Gulf War, Kosovo War, and Afghan War, recently, and research and development on space weapons are under way. Since only the placement of weapons of mass destruction on orbit around the earth is prohibited in accordance with 1967 Outer Space Treaty, it may be asked whether other weapons may be placed on orbit. It will be necessary to analyze the stance of on the above question, by studying UN space-related treaties including UN Charter. New international space norms represented by PPWT, ICoC, and UN GGE Report are at the center of progressive development of international law. In conclusion, the author will signpost the various points on international norms to be codified on the use of outer space for military purposes.

The Law and Policy of Space Communication in the International Ubiquitous Society......Bridging Digital Divide in the Asia-Pacific (국제 유배쿼터스 사회에서의 우주통신 정책과 제도)

  • Kosuge, Toshio
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.293-306
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    • 2005
  • In order to bridge the digital divide issues in the Asia Pacific region, Japan initiated the Asia Broadband Program, during implementing E-Japan and U-Japan Plans with collaboration among Asia Pacific Counties. This paper describes first joint experiments that were undertaken in Japan, Singapore and China. Then this paper also describes Japanese efforts to build space infrastructure for development of ICT Society in the Asia Pacific region for further international cooperation to bridge the digital divide Article 1, para. 1, of the Outer Space Treaty of 1967, calls for exploration and use of outer space to be carried out for the benefit and in the interests of all countries irrespective of their degree of economic or scientific development. The augmentation of common benefit from space communication could contribute to bridge the digital divide issues in developing countries in Asia Pacific region. Accordingly, space- infrastructure building would be very important to implement common benefit among countries concerned through international cooperation and collaboration

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Space Development and Relevant Regulations of PRC

  • Juqian, LI
    • 한국항공우주법학회:학술대회논문집
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    • 2008.05a
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    • pp.235-255
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    • 2008
  • On the basis of briefing the development of space technology and activity in China, this essay analysis the characteristics and main rules of the space regulations in China, and proposes how to advance and perfect the space law in China further. The beginning of space technology in China can be traced back to 1956. After more than fifty years development phased in three periods of technology preparation, technology experimentation and engineering application, the achievement of space technology and activity in China is noticeable in the world. But the space legislations in China, which is mainly composed as ministerial rules, orders, and regulatory documents, are really lagged far behind the space activity, and can not adapt to the quick and comprehensive development of space activity. Therefore, national space law must be passed in time.

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A Study on the Legal Aspects of International Express Courier Business (현행 항공법상 상업서류 송달업의 문제점과 입법방향)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.125-147
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    • 2011
  • Considering a trend of logistics and transport industry in these days, it can be said that international express courier service is one of the most familiar transport type to the general public. Especially in Korea, due to development of electronic commercial transaction and the popularity of television home shopping, it can easily anticipated that express courier business will continuously grown in the future. However, the legal basis for international express courier is not properly set up so far. The only clause about this can be found on Korean Aviation Law said as 'commercial documents delivery business'. The origin of the commercial documents delivery business in Aviation Law is to make exception from public postal services which has been exclusive status as monopoly based on the Korean Postal Law. Basically, according to this regulation, all the private postal delivery is prohibited except some sort of commercial documents such as consignment notes, packing list, invoice etc. Thus, those documents could be delivered not only by public postal services but also by private courier company according to the Korean Postal Law. This waiver has probably come from under developing condition of Korean postal circumstances, however it should be revised according to the modernized business practice. Reflecting these revisions, the articles of Korean Postal Law adopted 'international express courier document' as the exception of postal service. Therefore, Korean Aviation Law also needs to be revised as Postal Law in due course. In addition to revision of Korean Aviation Law, some sort of new legislation is required to govern the private legal aspects such as legal liabilities, duties and rights of each parties on international express courier. This should be governed by 'law' not by 'terms and conditions' provided by business operators. Furthermore, to support and develop the current domestic logistics companies as international express courier company, it is required to regulate with the separate express courier law.

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