• Title/Summary/Keyword: law of war

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The Emergence of International Ocean Regime and the Change of Power Concept in International Society -The Case of United Nations Convention on the Law of the Sea- (국제사회 힘의 변화와 해양레짐 출현에 관한 소고 -유엔 해양법협약을 중심으로-)

  • Kang, Ryang;Park, Seong-Wook;Yang, Hee-Cheol
    • Ocean and Polar Research
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    • v.28 no.3
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    • pp.273-285
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    • 2006
  • As the political arguments on international power concept has gradually been deepened, the role of international regimes, defined as principles, norms, rules, and decision-making procedures around which nation-actors' expectations converge in a given issue-area, has also been reinforced. There are many ways of understanding about international regimes. In terms of realistic theories, international regimes are one of methods of maintaining hegemonic power order of hegemonic nation and in terms of liberalistic theories, international regimes are understood as the products of mutual inter-dependence of nations in changing international society. As a matter of fact, if we take structural causes and regime consequences into severe consideration, we can find not a few characteristics of international regimes, such as security regime, world trade and fiance regime, ocean regime, environmental regime, human right regime, etc. This paper will examine the changing concept of power after World War II in three categories of hard power (military power), meta power (regime creating power), and soft power (advanced in cultural, diplomatical, and technological power). This paper will provide the evidence of why the changing power concepts will be strongly related with the emergence of international regimes. The UN convention on the law of the sea will chosen as a standard case of the ocean regime and it's regime structure and role will also be analysed in both realistic :md liberalistic theories. Futhermore, the nations' interests involved in the UN convention on the law of the sea will be analytically classified and finally a future prospectus of the UN convention on the law of the sea as an ocean regime will be tested.

Some Consideration on the Study of ICAO for the Rome Convention Amendment and the Necessity of Domestic Legislation (로마조약의 개정과 국내입법의 필요성에 관한 소고)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.3-32
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    • 2008
  • In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

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Heritage Soft Power in East Asia's Memory Contests: Promoting and Objecting to Dissonant Heritage in UNESCO

  • Nakano, Ryoko
    • Journal of Contemporary Eastern Asia
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    • v.17 no.1
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    • pp.50-67
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    • 2018
  • Heritage has entered the center stage of public diplomacy in East Asia. Competition to claim and interpret memories of World War II in East Asia has driven campaigns to list heritage items with UNESCO. State and non-state actors aim to use heritage listings to present a particular view of the war and related history to domestic and international audiences. This paper highlights the role of heritage soft power in East Asia's "memory contests" by examining the promotion of dissonant modern heritage in UNESCO's heritage programs. It conceptualizes heritage designation as a soft power resource in East Asia and presents a conceptual framework for understanding the hegemonic competition over the "memory regime" that emerged from the structural change in East Asia's regional order. It then uses this framework to analyze the processes by which state and non-state actors promote and/or object to UNESCO recognition of their sites and documents as heritage of outstanding universal value or world significance. The elements of this process are illustrated with case studies of two very different pieces of heritage, Japan's "Sites of the Meiji Industrial Revolution" and China's "Documents of Nanjing Massacre," which were enshrined as significant world heritage in 2015. While state and non-state actors in East Asia are increasingly recognizing the utility of heritage as a soft power resource for advancing specific historical narratives to an international audience, a backlash movement from civil society groups and governments in other countries prevents a purely unilateral interpretation. As a result, the utility of heritage soft power in this context must be significantly qualified.

A Study on the Education of the Fisheries School of Korea in Japanese Colony (일제하의 수산학교 교육에 관한 연구)

  • Shin, Qui-Won;Kim, Sam-Kon;Chi, Ho-Weon;Kim, Jae-Sik;Kim, Tae-Wun
    • Journal of Fisheries and Marine Sciences Education
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    • v.11 no.1
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    • pp.69-87
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    • 1999
  • This study had been analysed the establishment, the closing and the actual conditions of the fisheries school according to the four times revision and promulgation of the law of education of korea which were devided by the early term (the first Chosun educational decree), the middle term (the second Chosun educational decree) and the last term (the third and fourth Chosun educational decree), and also been investigated how the fisheries education of the school had been acted to the mobocracy and the assimilation policy and together with it's back ground through this analysis. The aim of this study is to contribute to the study of the history of the fisheries school education, analysis of change of the fisheries school education according to practical application of the Chosun educational decree. The summary of the characteristic of the each term are as under. First, in the early term of the fisheries education under the first Chosun educational decree, Experts were despatched to the each province with donated money from emperor and opened seasonal the fishing training centre, a kind of social fisheries education, and trained directly fishing technic and were going to train fisheries trainees regularly under name of elementary fisheries school. Japanese imperialism attached great importance to the vocational education in order to snack economical products from colonized Korea but actually had a purpose to train low quality technician who follow blindly their colony policy of Japanese imperialism. The fisheries schools in the circle of system in early time of Japanese imperialism, Kunsan public elementary fisheries school was established in April 1915, Yosu public elementary fisheries school was established ill May 1917 and Kyungnam Tongyoung training school was established in March 1917. Secondly, After 3.1 movement, the Japanese imperialism established an appeasement policy so called cultural politics and continued assimilation policy with skilful methods. After revision of the second Chosun educational decree, the Elementary vocational school was changed as the vocational training school. The school of fisheries education in middle of Japanese imperialism trained low quality technicians to snack fisheries resources from colonized Korea. After the middle of Japanese imperialism they paid attention on training fisheries technician through fisheries school rather than training school. With high interest and crowded volunteers, Kunsan public fisheries school was promoted in 1922, Tongyoung public fisheries school was promoted in 1923, Yongampo fisheries training school established in 1922 was promoted as Yongampo public fisheries school in 1926. Thirdly, in the time of the third and fourth Chosun educational decree, the end of Japanese imperialism, they met Pacific war after Japan vs China war. During the war time they considered the vocational school as the source of supply for materials and manpower and consequently had to expanded vocational education and systematically despatched students to war field and practiced military training. In 1938, Namhae public fisheries school was established and Chungjin fisheries school was permitted. But in order to supply manpower to Pacific war, the study period of Yosu public fisheries school was shorten from 5 years to 4 year in 1943 and also that of Tongyoung public fisheries school shorten in 1944.

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A Study on the Navigation Control System against DPRK Vessels Within the ROK Maritime Jurisdictional Area and it's Improvement (우리나라 관할해역내 북한선박 통항통제 제도와 개선방안)

  • Lee, Jae-Kyu
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.5
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    • pp.571-578
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    • 2014
  • The boundaries of ROK maritime jurisdictional area remains unclear as two Koreas failed to draw clear maritime boundaries at the armistice agreement and there are no clear maritime boundaries with China and Japan. After the Korean War, the United Nations Command established the northern limit line(NLL) as well as the area of operations(AO) to enforce the DPRK's compliance with the armistice agreement and has been controlling all of the maritime and air activities in the region. ROK also has been controlling the passage of DPRK vessels in the area. Within the AO, third nation vessels have freedom of navigation, Yet, due to the division followed by the Korean War, ROK classifies DPRK as a hostile state and unique controling system is applied to DPRK vessels. Since the establishment of the AO, many changes have been occurring such as adoption of the UN Convention on the Law of the Sea(UNCLOS) and two Koreas' joining the UN. Also, there are continuous inter-Korean conflicts. Therefore, the geographical span of the AO needs to be reconsidered. Furthermore, a legal measure which ensures ROKN vessel's functional capability of controling DPRK vessels must be introduced. This thesis examines post-Korean War DPRK vessel control system in the Korean peninsula as well as how it should be improved.

A Study on Land Policy and Land Law in Vietnam after 1945 (1945년 이후 베트남 토지법 및 토지정책에 관한 연구)

  • Lee, Seong Hwa;Trinh, Thi Kieu Trang
    • Journal of Cadastre & Land InformatiX
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    • v.47 no.2
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    • pp.255-275
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    • 2017
  • In every country, land has always been considered a particularly important resource and property. For Vietnam, a populous country with a relatively narrow cultivated land, the land is even more valuable because property is scarce in the process of building and developing the nation. Therefore, land administration is highly valued by the Vietnamese government and is a big priority. The study of land law and land policy in Vietnam from 1945 to present is a comprehensive view of the changes in land administration policy in Vietnam in each historical period. The study also provides the experiences and lessons learned in the field of land law and land administration in a country that has risen from the ashes of war, has accomplished reunification and has transformed from a centrally-planned economy, a feature of the communist economy, to a socialist-oriented market economy.

Price Monitoring Automation with Marketing Forecasting Methods

  • Oksana Penkova;Oleksandr Zakharchuk;Ivan Blahun;Alina Berher;Veronika Nechytailo;Andrii Kharenko
    • International Journal of Computer Science & Network Security
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    • v.23 no.9
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    • pp.37-46
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    • 2023
  • The main aim of the article is to solve the problem of automating price monitoring using marketing forecasting methods and Excel functionality under martial law. The study used the method of algorithms, trend analysis, correlation and regression analysis, ANOVA, extrapolation, index method, etc. The importance of monitoring consumer price developments in market pricing at the macro and micro levels is proved. The introduction of a Dummy variable to account for the influence of martial law in market pricing is proposed, both in linear multiple regression modelling and in forecasting the components of the Consumer Price Index. Experimentally, the high reliability of forecasting based on a five-factor linear regression model with a Dummy variable was proved in comparison with a linear trend equation and a four-factor linear regression model. Pessimistic, realistic and optimistic scenarios were developed for forecasting the Consumer Price Index for the situation of the end of the Russian-Ukrainian war until the end of 2023 and separately until the end of 2024.

"Peaceful Uses" of Outer Space and Japan' s Space Policy

  • Takai, Susumu
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.247-270
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    • 2007
  • Space development and utilization must be conducted within a framework of "peaceful uses" principle under Space Treaty. Japan ratified the treaty in 1967, and interpreted "peaceful uses" as "non-military uses" then. A ghost of "peaceful uses" principle has been hung over Japan up to the moment. Japan's space development and utilization has been conducted with genuine academic interest, and therefore Japan did not introduce space infrastructures to national security policy and did not facilitate growth of space industry. When the Cold War ended, Northeast Asian security environment makes Japan difficult to maintain an interpretation as "non-military uses". Besides the change of external security environment, the domestic industry situation and a series of rocket launching failure needed reexamination of Japan's space policy. Japan is gradually changing its space policy, and introducing space infrastructure in a national security policy under a "generalization" theory that gave a broad interpretation of "peaceful uses" principle. Council for Science and Technology Policy (CSTP) adopted a basic strategy of Japan's space policy in 2004. Since then, a long-term report of Japan Aerospace Exploration Agency (JAXA), an investigation report of Society of Japanese Aerospace Companies (SJAC) and a proposal of Japan Business Federation (JSF) were followed. Japan will promote space development and utilization in national security policy with a "strictly defensive defense" strategy and "non-aggressive uses"principle for protection of life and property of Japanese people and stabilization of East Asian countries.

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A Comparative Research of Library Law in Korea and Japan: Focusing on the Enactment and Revision Processes

  • Ryu, Hyeonsook
    • Journal of the Korean Society for Library and Information Science
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    • v.51 no.1
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    • pp.103-124
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    • 2017
  • Korea and Japan have been influenced by one another through various points in their respective histories. During ancient times and throughout the Middle Ages, many aspects of culture and modern civilisation were conveyed from China to Japan via Korea. This trend changed in the second half of the $19^{th}$ century, as Japan opened its ports to foreign trade, completely reforming its own society before Korea followed suit. The aspects of modern civilisation and culture were thus subsequently conveyed to Korea from Japan. Not unlike Western cultures of the time, Japan also engaged in a pursuit of imperialism that resulted in its subjugation of Korea during the Japanese occupation. After Korea regained its independence following the Second World War, Koreans rebuilt their country largely on the basis of the social system Japan had left behind. 70 years later, differences from the Japanese model may nevertheless be observed in various areas. Library legislation is no exception. This paper provides a comparison of Korean and Japanese library laws. The comparison and consideration of the enactment and revision processes of library legislation of both countries reveals how differences in legislation developed and provides an analysis of the implementation of these differences.

Reallocation of Force in the Lanchester (3,3) Combat Model (란체스터 (3,3) 전투모형의 전투력 재할당 방안에 관한 연구)

  • Jong-Hyeon Hwang;Dong-Hyung Lee
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.46 no.4
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    • pp.263-271
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    • 2023
  • In the (3,3) close combat model based on the Lanchester Square Law, this study proposes a plan to optimally allocate residual combat power after the battle to other battlefields. As soon as the two camps of three units can grasp each other's information and predict the battle pattern immediately after the battle began, the Time Zero Allocation of Force (TZAF) scenario was used to initially allocate combat power to readjust the combat model. It reflects travel time, which is a "field friction" in which physical distance exists from battlefields that support combat power to battlefields that are supported. By developing existing studies that try to examine the effect of travel time on the battlefield through the combat model, this study forms a (3,3) combat model, which is a large number of minimum units. In order to achieve the combat purpose, the principle of optimal combat force operation is presented by examining the aspect that support combat power is allocated to the two battlefields and the consequent battle results. Through this, various scenarios were set in consideration of the travel time and the situation of the units, and differentiated results were obtained. Although the most traditional, it can be used as the basic logic of the training or the commander's decision-making system using the actual war game model.