• 한국항공우주법학회:학술대회논문집
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• 한국항공우주법학회 2008년도 제40회 국제학술발표대회
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• pp.185-215
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• 2008

The exploitation of the natural resources of the Moon and other celestial bodies represents one of the most exiting future developments in the field of space law as well as a unique occasion for the economic and social growth of mankind as a whole. The large number of benefits that are expected to be generated from the exploitation of these resources, indeed, not only will contribute to the betterment of conditions of people on Earth but also will allow mankind to face and likely solve one of the biggest problems currently affecting our planet, namely the exhaustion of the stocks of raw materials and other source of energy, such as fossil fuels. The exploitation of the natural resources of the Moon and other celestial bodies, however, has been prevented so far by the absence of dedicated space law rules allowing its orderly and peaceful development and clarifying the rights and duties of the parties involved in it. Due to the uncertainty generated by the absence of these rules, indeed, States as well as private operators have refrained from investing in the exploitation of space resources so far. The time to change this situation and to allow the exploitation of extraterrestrial resources to begin has finally come. This paper aims at fulfilling this purpose by proposing a legal regime containing specific and detailed rules to regulate the exploitation of the natural resources of the Moon and other celestial bodies.

• 항공우주정책ㆍ법학회지
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• 제7권
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• pp.151-175
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• 1995

In recent years, questions have arisen under several forms with respect to the need for adapting present legal order established under the Chicago Convention and relevant customary rules into newly developed environment surrounding the international air transport industry. Major feature of such trends included in opinions for modification of the present legal order might be defined as more liberalistic approach to this industry. In this respect, many scholars and lawyers in this field agree with a view that a theoretical tie between an aircraft/air liners and a register - State lies in political and strategical concern of the State so that each aircraft/air liners has been attributed a single nationality. In the context of such concern, each aircraft/air liners has been related with each register-State in the form of "genuine connection". However, present and near future development of air transport industry and its world - wide market requires some modification of such single nationality regime. Taking into account such circumstances, States as creator of present legal order are in the process of establishing new legal order where air liners with multi - nationality are capable of satisfying to such needs. As adopting a series of liberalization package for air transport industry in european continent, European Union adopts a concept of "community air carrier", by which an air space of each member State is open to each other, especially through the grant of cabotage right. A serious concern may arise in such grant because the Article 7 of the Chicago Convention prohibits such grant on an exclusive basis. While many theoretical opinions have been put forward concerning the interpretation of that article, a case of European Union shall be a good test of the range of its application. It is anticipated that future development around this issue shaH furnish us a major feature of the liberalization of international air transportation and an adaptation process of present legal order.

• 항공우주정책ㆍ법학회지
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• 제32권2호
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• pp.219-246
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• 2017

핵문제는 국제레짐(resime)의 지구화를 보여주는 좋은 예이다. 1945년 8월 일본에 최초로 핵폭탄이 투하되면서 핵무기가 인류를 절멸시킬 수 있다는 역사를 통해 평화에 대한 갈망은 더욱 절실해졌다. 자국의 안보를 위한 군비증강은 국제사회에서 자존의 문제이지만, UN헌장의 목적이기도 한 국제평화와 안전을 유지하기 위해 군축 또는 군비통제는 전 인류의 평화 실현과 직결된 가장 중요한 과제일 것이다. 오늘날 군축은 국제분쟁의 평화적 해결, 집단안전보장제도와 함께 국제평화와 안전을 유지 촉진하는 중요한 수단이다. 완전한 군축 실현이 항구적인 인류의 과제일 수는 있으나, NPT 서문에서 일반적이고 완전한 군축이 표현된 것처럼 국제사회는 완전 군축을 위한 노력을 천명하고 있다. 따라서 핵문제에 대한 국제레짐과 북한의 핵문제에 대한 주요 경과를 살펴봄으로써 핵문제의 지구화 현상을 소개하고, 핵 군축을 위한 국제사회의 노력을'인류의 공동유산'개념과 우주공간 평화이용위원회 및 핵무기의 통제를 중심으로 검토한 후, 대한민국과 국제법에 직결된 사안인 북한의 핵문제를 우주법 내지 군축법적인 관점에서 평가해 보고자 한다. 또한 북한의 핵문제를 위해서는 비확산 반확산정책과 함께 집단안전보장제도가 지속적으로 강조 시도되어야 할 것이다.

• 항공우주정책ㆍ법학회지
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• 제5권
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• pp.77-100
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• 1993

The paper is to study and analyze the major issues and current problems of space law and policy to suggest the direction of Korean aerospace policy for future development facing the 21st century of air and space industry. It briefs the development of aerospace science and space law. It also outlines the special characteristics and present status of space law. It further reviews the regulatory regime of commercial space carriers, international telecommunication satelite and space environmental problems. Finally, it suggests the future directions of Korean space policy to develop as one of leading space countries in the 21st century.

• 무역상무연구
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• 제12권
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• pp.587-613
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• 1999

Environmental problems such as global climate change, depletion, ocean and air pollution, and resource degradation-compounded by an expanding world population-respect no border and threaten the health, prosperity and jobs of all mankind. Our efforts to promote democracy, free trade, and stability in the world will fall short unless people have a livable environment. We have an enormous stake in the management of the world's resources. By increasing demand for timber, natural gas, coal and consumer's goods have destroyed the grounds for living. Greenhouse gas emissions anywhere in the world have threatened coastal communities, and then changed the Earth's climate system. The burning of coal, oil, and other fossil fuels is increasing substantially the concentration of heat-trapping gasses such as carbon dioxide, methane, and nitrous oxide in our air. The earth's temperature and sea levels are rising as a result. Since 1972 there has been a marked growth in the number and scope of environmental treaties. In particular, after the 1992 Rio Conference, international legal instruments became more concentrated on addressing environment within the context of sustainable development and incorporated a number of new concepts and innovative approaches. A preliminary analysis of recent conventions and in particular those associated with the Rio Conference indicates various ideas, concepts and principles which have come to the fore including sustainable development, equity, common concern of humankind, common but differentiated responsibilities and global partnership. However, international trade also has an environmental impact which must be minimized or countered. Positive measures are to be preferred to achieve environmental goals, but where trade provisions are necessary, they should be appropriately used within environmental conventions to facilitate the reduction and limitation of the negative impacts of trade and to enhance the complementarity of the multilateral trade regime with the imperatives of environmental protection, in the interests of environmental protection and sustainable development generally. The international community has to recognize and endorse this need to achieve complementarity between trade and environment issues.

• 항공우주정책ㆍ법학회지
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• 제19권1호
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• pp.57-77
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• 2004

1967년 우주조약에서 규정된 우주활동에 대한 국가의 감독 의무가 구체적으로 어떠한 방식으로 이행되는가에 대해서는 각국의 입법 사례에 따라 다르며, 아울러 그 의무의 강제력에 대한 논의도 지속되어 왔다. 다수의 국적 위성을 발사하고, 발사장을 곧 건설, 운용할 대한민국 정부는 그러한 감독 의무를 이제는 이행하기 위한 구체적인 조치를 취할 단계에 이른 것으로 판단되며, 이에 입법 방향을 검토해 보고자 한다. 1967년 우주조약은 우주활동 주체들이 국제법을 포함한 1967년 우주조약을 준수하고, 그에 따른 국제책임을 국가가 부담할 것을 규정하고 있다. 이에 전 국가를 위한 우주 이용의 원칙, 우주공간의 비영유원칙, 및 우주활동에 대한 국가 감독 및 책임 원칙 등이 준수하여야 할 국제협약상의 의무로 요약되며, 그 이행을 위한 입법 조치가 필요하다고 판단된다. 국내 입법 체계상, 기존의 타 법령과의 조화를 꾀하면서, 우주 발사체의 발사 허가제도 등을 내용으로 하는 입법 조치가 필요하다고 판단된다.

• 항공우주정책ㆍ법학회지
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• 제17권
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• pp.9-28
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• 2003

1929년 바르샤바조약은 그 후속 개정조약들을 포함해 국제항공운송분야에서 70년 이상 중요한 역할을 해왔다. 동조약은 2003년 11월 4일 몬트리올조약을 대체될 예정이다. 몬트리올조약은 운송인의 책임의 범위에 있어서 많은 변화를 가져왔고 운송인이 제소될 수 있는 법원의 범위를 확대하였다. 그리고 운송인의 책임을 인정함에 있어 코드쉐어의 영향을 반영하였다. 몬트리올조약은 1920년대 국제항공운송에 있어서의 국제적 노력이 시작된 이후 가장 커다란 변화가 야기된 조약이다. 몬트리올조약은 그 동안 수많은 조약들이 채택했던 원칙들을 집대성하여 국제항공운송의 통일성을 단일조약에 체계화하였다. 바르샤바조약체계의 문제점으로 지적되었던 낮은 배상한도액이 몬트리올조약에서 상향조정되었다. 항공운송인들의 입장을 보호하기 위한 조약으로서 특성지워졌던 바르샤바조약은 이제 몬트리올조약을 통해 승객의 입장을 반영한 조약이 되었다. 한국정부가 몬트리올조약을 비준한다면 한국의 승객들은 그로 인한 이익을 향유하게 될 것이다. 몬트리올조약의 비준은 승객들과 항공사 모두의 이익이 될 것이다.

• 항공우주정책ㆍ법학회지
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• 제2권
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• pp.31-67
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• 1990

One of the first issues which arose in the evolution of air law was the determination of the vertical limits of airspace over private property. In 1959 the UN in its Ad Hoc Committee on the Peaceful Uses of Outer Space, started to give attention to the question of the meaning of the term "outer space". Discussions in the United Nations regarding the delimitation issue were often divided between those in favour of a functional approach ("functionalists"), and those seeking the delineation of a boundary ("spatialists"). The functionalists, backed initially by both major space powers, which viewed any boundary as possibly restricting their access to space(Whether for peaceful or military purposes), won the first rounds, starting with the 1959 Report of the Ad Hoc Committee on the Peaceful Uses of Outer Space which did not consider that the topic called for priority consideration. In 1966, however, the spatialists, were able to place the issue on the agenda of the Outer Sapce Committee pursuant to Resolution 2222 (xxx1). However, the spatialists were not able to present a common position since there existed a variety of propositions for delineation of a boundary. Over the years, the funtionalists have seemed to be losing ground. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It is therefore to be welcomed that there is clear evidence of a growing recognition of the defect inherent to such an approach and that a spatial approach to the problem is gaining support both by a growing number of States as well as by publicists. The search for a solution of the problem of demarcating the two different legal regimes governing the space above the Earth has undoubtedly been facilitated, and a number of countries, among them Argentina, Belgium, France, Italy and Mexico have already advocated the acceptance of the lower boundary of outer space at a height of 100km. The adoption of the principle of sovereignty at that height does not mean that States would not be allowed to take protective measures against space activities above that height which constitute a threat to their security. A parallel can be drawn with the defence of the State's security on the high seas. Measures taken by States in their own protection on the high seas outside the territorial waters-provided that they are proportionate to the danger-are not considered to infringe the principle of international law. The most important issue in this context relates to the problem of a right of passage for space craft through foreign air space in order to reach outer space. In the reports to former ILA Conferences an explanation was given of the reasons why no customary rule of freedom of passage for aircraft through foreign territorial air space could as yet be said to exist. It was suggested, however, that though the essential elements for the creation of a rule of customary international law allowing such passage were still lacking, developments apperaed to point to a steady growth of a feeling of necessity for such a rule. A definite treaty solution of the demarcation problem would require further study which should be carried out by the UN Outer Space Committee in close co-operation with other interested international organizations, including ICAO. If a limit between air space and outer space were established, air space would automatically come under the regime of the Chicago Convention alone. The use of the word "recognize" in Art. I of chicago convention is an acknowledgement of sovereignty over airspace existing as a general principle of law, the binding force of which exists independently of the Convention. Further it is important to note that the Aricle recognizes this sovereignty, as existing for every state, holding it immaterial whether the state is or is not a contracting state. The functional criteria having been created by reference to either the nature of activity or the nature of the space object, the next hurdle would be to provide methods of verification. With regard to the question of international verification the establishment of an International Satelite Monitoring Agency is required. The path towards the successful delimitation of outer space from territorial space is doubtless narrow and stony but the establishment of a precise legal framework, consonant with the basic principles of international law, for the future activities of states in outer space will, it is still believed, remove a source of potentially dangerous conflicts between states, and furthermore afford some safeguard of the rights and interests of non-space powers which otherwise are likely to be eroded by incipient customs based on at present almost complete freedom of action of the space powers.

• International Journal of Naval Architecture and Ocean Engineering
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• 제6권3호
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• pp.529-561
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• 2014

The two-phase turbulent flow past an interface-piercing circular cylinder is studied using a high-fidelity orthogonal curvilinear grid solver with a Lagrangian dynamic subgrid-scale model for large-eddy simulation and a coupled level set and volume of fluid method for air-water interface tracking. The simulations cover the sub-critical and critical and post critical regimes of the Reynolds and sub and super-critical Froude numbers in order to investigate the effect of both dimensionless parameters on the flow. Significant changes in flow features near the air-water interface were observed as the Reynolds number was increased from the sub-critical to the critical regime. The interface makes the separation point near the interface much delayed for all Reynolds numbers. The separation region at intermediate depths is remarkably reduced for the critical Reynolds number regime. The deep flow resembles the single-phase turbulent flow past a circular cylinder, but includes the effect of the free-surface and the limited span length for sub-critical Reynolds numbers. At different Froude numbers, the air-water interface exhibits significantly changed structures, including breaking bow waves with splashes and bubbles at high Froude numbers. Instantaneous and mean flow features such as interface structures, vortex shedding, Reynolds stresses, and vorticity transport are also analyzed. The results are compared with reference experimental data available in the literature. The deep flow is also compared with the single-phase turbulent flow past a circular cylinder in the similar ranges of Reynolds numbers. Discussion is provided concerning the limitations of the current simulations and available experimental data along with future research.

• 항공우주정책ㆍ법학회지
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• 제1권
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• pp.223-243
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• 1989

The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.