• Title/Summary/Keyword: international environmental law

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How to Reflect Sustainable Development, exemplified by the Equator Principles, in Overseas Investment (해외투자(海外投資)와 지속가능발전 원칙 - 프로젝트 파이낸스의 적도원칙(赤道原則)을 중심으로 -)

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.27-56
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    • 2006
  • Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

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A Study on the Amendment of Criteria for the Establishment of the Area Damaged by the Aircraft Noise : Criteria for School Classrooms (항공기소음피해지역 설정 기준의 개선방안에 관한 고찰 : 학교를 중심으로)

  • Lee, Jun-Ho;Lee, Ki-Ho
    • Journal of Environmental Science International
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    • v.18 no.3
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    • pp.263-269
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    • 2009
  • The purpose of this study is to propose an appropriate criterium for proper sound insulation service preventing school classrooms from aircraft noise. The guideline of noise level for school facility by Korean school health law is less than Leq 55 which is less stringent than that of other countries. It has been reported that many students are annoyed and disturbed for their works when they are exposed to the noise level over Leq 55. It is desirable to modify this guideline of indoor noise level for school classroom. The noise level of classroom of which windows are opened was measured relatively high in case the school is located at the outside of the official area damaged by aircraft noise. In order to minimize the influence of aircraft noise on the school classrooms in the vicinity of domestic airport, it is necessary to improve the present criteria of WECPNL 75 for the establishment of the area damaged by aircraft noise from WECPNL 70.

A Study on the Legal Issues relating to Navigation through Arctic Passage (국제법상 북극항로에서의 통항제도에 관한 연구)

  • Moon, Kyu-Eun
    • Strategy21
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    • s.43
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    • pp.29-55
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    • 2018
  • Arctic sea ice has been retreating as a result of the global warming. Arctic sea ice extent for April 2018 averaged 13.71 million square kilometers. This figure shows far less sea ice compared to the average extent from 1981 to 2010. Meanwhile, 287 times of maritime transits through the Northwest Passage have been made during the 2017 and the first ship traversed the Northern Sea Route without the assistant of ice-breaker in August 2017. Commercialization of the Arctic Passage means significant economic and strategic advantages by shortening the distance. In this article, 'Arctic Passage' means Northern Sea Route along the Arctic coast of Russia and Northwest Passage crossing Canadian Arctic Ocean. As climate changes, the potential feasibility of the Arctic Passage has been drawing international attention. Since navigation in this area remains hazardous in some aspects, IMO adopted Polar Code to promote safe, secure and sustainable shipping through the Arctic Passage. Futhermore, Russia and Canada regulate foreign vessels over the maritime zones with the authority to unilaterally exercise jurisdiction pursuant to the Article 234 of UNCLOS. The dispute over the navigation regime of the arctic passage materialized with Russia proclaimed Dmitrii Laptev and Sannikov Straits as historically belong to U.S.S.R. in the mid 1960s and Canada declared that the waters of the passage are historic internal waters in 1973 for the first time. So as to support their claims, In 1985, Russia and Canada established straight baseline including Northern Sea Route and Northwest Passage. The United States has consistently protested that the Northern Sea Route and Northwest Passage are straits used for international navigation which are subject to the regime of transit passage. Firstly, it seems that Russia and Canada do not meet the basic requirements for acquiring a historic title. Secondly, since the Law of the Sea had adopted before the establishment of straight baseline over the Russian Arctic Archipelago and the Canadian Arctic Archipelago, Ships can exercise at least the right of innocent passage. Lastly, Northern Sea Route and Northwest Passage have fulfilled the both geographical and functional criteria pertaining to the strait used for international navigation under the international law. Especially, should the arctic passage become commercially viable, it can be expected to accumulate the functional criterion. Russia and Canada regulate the ships navigate in their maritime zones by adopting the higher degree of an environmental standard than generally accepted international rules and standard mainly under the Article 234 of UNCLOS. However, the Article 234 must be interpreted restrictively as this contains constraint on the freedom of navigation. Thus, it is reasonable to consider that the Article 234 is limited only to the EEZ of coastal states. Therefore, ships navigating in the Arctic Passage with the legal status of the territorial sea and the international straits under the law of the sea have the right of innocent passage and transit passage as usual.

Rates and Mechanism of Fading Reaction of Magenta Azomethine Dye in Basic Solution (염기성 용액에서 마젠타 아조메틴 색소의 퇴색 반응속도와 메커니즘)

  • Lee Joong-Ho;Kim Jung-Sung;Kim Chang-Su
    • Journal of Environmental Science International
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    • v.14 no.7
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    • pp.711-717
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    • 2005
  • A magenta azomethine dye(D) was synthesized from the reaction of 3-methyl-1-phenyl-2-pyrazoline-5-one with N,N-diethyl-1,4-phenylenediamine. The magenta azomethine dye was identified on the basis of elemental analysis, $^{13}C-NMR$, infrared, and GC/MS studies. The magenta azomethine dye was decomposed in a basic solution. Rate constants of the fading reaction of magenta azomethine dye in ethanol-water solvent were measured spectrophoto­metrically at 540 nm. Reaction rate was increased with the increase of $[OH\^{-}]\;and\;[H\_{2}O]$ in the region of $[H_{2}O]=11\~40\;M$. The reaction was governed by the following rate law. -d[D]/dt = $\{k_o\;+\;k_{OH}[OH^-][H_{2O}]\}[D]$ A possible mechanism consistent with the empirical rate law has been proposed.

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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A Study on Hydraulic Behavior and Mass Transfer by Absorption in Packing Tower (충전탑에서 흡수에 따른 물질전달과 수력학적 거동에 관한 연구)

  • 김석택
    • Journal of Environmental Science International
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    • v.9 no.5
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    • pp.393-396
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    • 2000
  • Packing tower has been used in the chemical industry and the protection of environment for a long time. In the view of environmental protection purification of exhaust gas can be performance effective by gas absorption in counter-current packing tower. In this study characteristics of hydraulic and mass transfer were investigated in D. $0.3m {\times} H. 1.4m$ packing tower with 50mn plastic Hiflow-ring. This study was carried out "Test systems were experimented in conditions of Air, $Air/H_2O. NH_3-Air/H_2O, NH_3-Air/H_2O-H_2SO_4$ and $SO_2-Air/H_2O-NaOH$ under steady state" The extent of test included dry and wetting pressure drop physical law separation efficiency and hold-up as function of gas and liquid load.quid load.

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Statistical comparison of the analytical results of heavy metal contents in the riverside soil from the various methods of selecting sampling points (강변 토양내 중금속 분석에서 시료 채취 지점 선정방법에 따른 결과들의 통계적 비교)

  • 박광재;문병철
    • Journal of Environmental Science International
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    • v.6 no.1
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    • pp.33-44
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    • 1997
  • In investigating heavy metal contents at specific areas, the method of selecting sampling points is Important A general method is, according to the law , random sampling of zigzag-form in the selected field. In this work, we studied whether the measured values obtained from a certain method of selecting sampling points is a representative of heavy metal contents in the selected field or not. The selected field for this study is located on the lower Yangsan-river: Gasan-li, Mulgum-myon, Yangsan-gun, KyoungNam, 1 km away from the mi, h stream of Nakdong river. The heavy metals investigated were Cd, Cr, Cu, Fe, Mn, Ni, Pb, and Zn. The inductively coupled plasma(ICPI atomic emission spectrometer was used to measure these metals quantitatively. The number of total sampling points were 24. We compared the total mean values with the mean obtained from various methods of selecting sampling points.

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Removal Characteristics of Cyclic Ethers in Biological Wastewater Treatment System (고리형 에테르의 생물학적 처리 특성)

  • Lee, Sung-Ryul;Jeong, Yeon-Koo
    • Journal of Environmental Science International
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    • v.17 no.3
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    • pp.343-350
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    • 2008
  • The fate of two cyclic ethers, THF(Tetrahydrofuran) and 1,4-Dioxane, in conventional biological wastewater treatment plants was investigated using sequential activated sludge process. Removal efficiency of THF were about 86% in average, which was greater than that of 1,4-Dioxane, 30%. However, it was not clear whether the removal of cyclic ethers in biological system was caused by microbial activity or not. Thus treatability tests were conducted by batch experiments. The effects of mixing, aeration and the addition of activated sludge on the removal of cyclic ethers were investigated in batch experiments. THF was totally removed by mixing and aeration in 24 hours while removal ratio of 1,4-Dioxane was at most 30% for the same period. This results could be ascribed to the differences in Henry's law constants between the two chemicals. In addition, biological degradation including biosorption was not obviously observed in these batch tests.

The Interactive Effect of Level of Education and Environmental Concern toward Organic Food in Vietnam

  • HOANG, Hung Cuong;CHOVANCOVA, Miloslava;HOANG, Thi Que Huong
    • Journal of Distribution Science
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    • v.18 no.9
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    • pp.19-30
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    • 2020
  • Purpose: As an environmental concern increases, customers pay more attention to purchase organic food. While customers' purchase intention of organic food has been widely studied, there are lacks of researches regarding the moderation effect of environmental concern and the interactive effect of level of education based on the Theory of Planned Behavior (TPB). This study examines the influence of level of education and environmental concern on purchase intention based on the Theory of Planned Behavior and organic food in Vietnam. Research design, data and methodology: The methodology of mixed methods of qualitative and quantitative is applied with a survey of 420 customers being conducted to collect data from three biggest cities in Vietnam: Ho Chi Minh, DaNang and Hanoi. SPSS 23 and SMART-PLS 3.2 are used for data analysis. Results: The result shows that the customers have more environmental concern which increases their attitude to the intention of purchasing organic food. Moreover, there has not the three-way interactive effect of level of education, environmental concern and attitude on purchase intention toward organic food. Conclusions: This enriches the existing literature with the moderation of environmental concern to the relationship between attitude and purchase intention toward organic food in Vietnam based on the Theory of Planned Behavior.