• Title/Summary/Keyword: principles of war

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Legal Status of Space Weaponization (우주공간에서의 무기배치와 사용의 법적 지위)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.247-276
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    • 2017
  • The protection of space asset has been new major cause of space militarization. For such purpose, it has been officially announced that a policy of deterring and denying any adversaries from accessing the outer space. Space militarization is to be conversed into a new concept of space weaponization. The USA has announced its policy of space weaponization, while China and Russia have not revealed their plan or policy. Latter States, however, have proposed a draft treaty limiting the deployment of warfare in the outer space. The terms of the Outer Space Treaty, reflecting three significant United Nations General Assembly resolutions from the 1960s, support the position that ground rules must be observed in the exploration and the use of outer space, particularly in the absence of specific space law rules. Yet the combination (and culmination) of these two approaches to the legal regulation of outer space-specific rules as and when agreed by the international community and the translation of principles developed for terrestrial regulation to outer space-still leaves much room for uncertainty and exploitation for military and strategic purposes. As space weaponization may contribute to deterring the use of weapon, it may be not against the UN Charter Article 2(4). If space weaponization might generate the space debris such that the outer space is no more available for exploration and use, it is against the proportionality principle and discrimination principle enshrined in the laws of the war. But, if the limitation upon the kind and use of space weaponization is agreed among the States, then the space weaponization may not be against the laws of the war, and be considered permissible within the rationale of limited war.

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Acceptance of the Chinese Books on Military Art and Understanding Patterns of Literati (중국(中國) 병서(兵書)의 유입과 지식인들의 이해 양상 - 무경칠서(武經七書)를 중심으로 -)

  • Yun, Muhak
    • The Journal of Korean Philosophical History
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    • no.31
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    • pp.321-346
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    • 2011
  • This is a preliminary study in order to deal intensively with the overall characteristics of Korean military science in the future days. First off, the history of military science of China based on the precedent studies was recapitulated, and a comparative study on the acceptance process of the books on military art and science, as well as on understanding patterns of literati on the subject through literature searches, ranging from the Three Kingdoms Period to the Goryeo Dynasty in Korean peninsula, was conducted. In case of Korea, the Chinese books on military strategy, including Sun Tzu's the Art of War, had already been passed down during the Three Kingdoms Period, and broadly read by scholarly people. They had utilized diverse methods based on their knowledge of Confucianism. In the reference materials, the authors of Korean military strategy books had greatly relied upon the Chinese books on military strategies, however, they had made the military principles run in their own way. At the end of Goryeo Dynasty, 'Military Science' had been well established as a subject in academia, and this curriculum had been taught not only at the National Confucian Academy, Seonggyun-gwan, in the capital but also at the country public school ("Hyanggyo") in the province together with Confucianism. Because of the limits of reference materials, however, it was difficult to confirm whether or not such strategic experiences were actually led to the publication of the books on military art and science, or how many books on military strategies and tactics had been published up until the end of Goryeo Dynasty. But, the facts that there were not many publications of the books on military strategies during the era of Three Kingdoms and of Goryeo Dynasty don't mean that Korean military science had entirely relied upon the Chinese military art and science. For instance, such strategies, tactics and leaderships as exhibited in the process of the Great Victory at Salsu River ("Salsu Daecheop") achieved by General Eulji Mun-deok, as well as the Great Victory at Gwiju ("Gwiju Daecheop") achieved by General Kang Gam-chan could never happen by chance.

Study on the Dispute for the Dominium of Diàoyútái(Senkaku Islands) and Legal Principles between the Countries Concerned (조어대(센카쿠열도)의 영유권 분쟁과 당사국간 법리에 관한 연구)

  • Yang, Hee Cheol;Kim, Jin Wook
    • Ocean and Polar Research
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    • v.36 no.3
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    • pp.255-276
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    • 2014
  • The dispute between China and Japan regarding $Di\grave{a}oy\acute{u}t\acute{a}i$ is believed to be quite similar to the controversy surrounding Dokdo in terms of historical and post-war processes except for the point that the phenomena of occupation is different with regard to Dokdo. China's claim to $Di\grave{a}oy\acute{u}t\acute{a}i$ is based on historical title and continuous use while the basis of Japan's claim is summarized as preoccupancy of ownerless land. Even though Japan acknowledges that China discovered $Di\grave{a}oy\acute{u}t\acute{a}i$, Japan claims that the act to establish sovereignty over the island from the standpoint of International Law was not taken by China. However, at that time, effective occupation was not an essential prerequisite for the acquisition of a territory. That is to say, from a legal perspective, the legal right for an area could be established based on the discovery of the land, and so it is thought that Japan is applying the current criteria of International Law in a manner that is inappropriate. When we review the post-war process, the San Francisco Peace Treaty does not directly mention $Di\grave{a}oy\acute{u}t\acute{a}i$. But based on the said treaty, we can note that Japan gave up all rights for the southern area that is north of the boundary line that equates to latitude $29^{\circ}$ and that includes the Ryuku Islands and $Di\grave{a}oy\acute{u}t\acute{a}i$. Of course, the provisions for the territory in the San Francisco Peace Treaty and its disposal are not the final factor for the judgment regarding dominium of $Di\grave{a}oy\acute{u}t\acute{a}i$. However, it seems clear that Japan's attitude and interpretation regarding the issues of $Di\grave{a}oy\acute{u}t\acute{a}i$, the Kuril Islands and Dokdo is problematic.

A Comparative Study on the Social Welfare Policy in Korea and Japan during the American Military Occupation- Centered on the Anti-poverty Policy (한국과 일본의 미군정기 사회복지정책 비교연구 - 빈곤정책을 중심으로 -)

  • Lee, Hye-Won;Lee, Young-Hwan;Joung, Won-Oh
    • Korean Journal of Social Welfare
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    • v.36
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    • pp.309-338
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    • 1998
  • The American military occupations of Korea(1945-1948) and Japan(1945-1952) after the second world war had great influences on the history of the two countries, the contents and results were, however, quite different. This study attempts to analyze the similarities and differences, the determinants of the social welfare policy, and their long-term effects on the later social welfare policies in the two countries. For the purpose of this study, it uses a comparative case study on the public assistant policies of the two countries during the American military occupation. The conclusions of this study are summarized as follows. Firstly, although the American military occupations of the two countries faced the similar social problems during the same period, their countermeasures were quite different from each other. In Korea, the American military occupation hardly tried to establish a substantial social welfare system by making laws, but, mainly relying on temporary emergency relief, they just aimed for social control. On the other hand, in Japan, the American military occupation tried to improve the existing social welfare system in terms of the principles of demilitarization and democratization. Secondly, the political determinants of the social welfare policy in the two countries were much more important than the socioeconomic determinants. Especially the differences in the basic military occupation principles, the administration structure, and the roles of the indigenous ruling classes acted upon the different social welfare policies of Korea and Japan. Thirdly, the long-term effects on the later social welfare policies in the two countries was different. In Korea, the American military occupation hardly contributed to modernize the social welfare policy. Therefore, the unsystematic premodern relief system continued to exist for a long time. On the other hand, in Japan, the American military occupation contributed to modernizing the social welfare policy in terms of ideology and system and formed the groundwork for developing the later social welfare policies.

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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.

Reconstructing History: Founding 'America' and Woman's Role in Sedgwick's The Linwoods (역사의 재구성-세즈윅의 『린우드가』에 나타난 '미국' 건국과 여성의 역할)

  • Sohn, Jeonghee
    • Journal of English Language & Literature
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    • v.57 no.2
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    • pp.265-284
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    • 2011
  • This paper examines how Sedgwick makes a political allegory of founding the nation in domestic terms in The Linwoods (1835). Set in the Revolutionary period, The Linwoods is a historical fiction reconstructed by the writer in order to diagnose currently controversial issues. In this aspect, Sedgwick's interest in history is genealogical in Foucaudian sense. Foucault's genealogical method provides a way of recuperating a part of history hidden, submerged, obliterated by the official history. Seen in a genealogical perspective, the story of the Linwoods can be viewed as a political allegory in order to explore political conflicts of Sedgwick's own day. Faced with the threat of national disunion presented in the Nullification Crisis of sectional conflicts and divisions, Sedgwick attempts to provide a fictional solution to the first serious challenge to the U. S. Constitution. Going back to the times around the American Revolution, Sedgwick emphasizes how strenuously the American Constitution of America was formed as the outcome of the war against the tyranny of Britain, and how the Union was made on the basis of the cooperation between the States. By posing a contrast of political positions between family members, Sedgwick imagines a family/nation that allows diverse political positions. The conclusion of a diversity of marriages between man and woman who agree to be united after overcoming their differences in political affiliations seems to show her conservative proclivity to support the Union. However, by emphasizing the principles of freedom and equality represented by the significant role of Isabella and Rose, an African-American slave, in the victory of the American Revolution, Sedgwick also supports the spirit of the Jacksonian American democracy.

Morphological Theory and Design in Modern and Contemporary Architecture -Focused on the Romantic Educational Thoughts as a Dualistic Monism- (근현대건축의 모폴로지 이론과 건축설계)

  • Kim, Sung-Hong
    • Journal of architectural history
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    • v.13 no.4 s.40
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    • pp.89-105
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    • 2004
  • This paper investigates morphological theory as an intellectual framework for research and design. The first part of the paper will review morphological studies in the fields of urban geography, urban planning and architecture, particularly in England from the 1940s to the 1980s. While urban geographers and planners were concerned primarily with town plans, building forms and land use, architectural theoreticians were more interested in the topological relationship between urban and architectural space. The underlying premises and principles of these two approaches will be reviewed. The second part of the paper will focus on typology in Europe and North America. The reinterpretation of typology by Italian architects helped to bridge the gap between individual elements of architecture and the overall form of the city. However, typological theory became less accessible in post-war England and the United States. After 1980, the debate on typology became muted by the onset of vague notions such as functionalism, bio-technical determinism, and contextualism. This paper will propose a redefinition of morphology as a heuristic device, in contrast with the dichotomic view of urban morphology and architectural typology. Morphology will be shown to combine the geometrical and topological; the intentional and accidental; the real and abstract; and a priori and a posteriori. The last part of the paper discusses the lack of comparative theories and methods surrounding the physical form of architecture and the city by Korea commentators. Empirically rooted facility planning, non-comparative historical studies, and iconographic criticism emerged as a central preoccupation of architectural culture between the 1960s and 1980s, a time when international debate on architecture and urbanism was most intense. This paper will give consideration to the built environment as a dynamic physical entity and space as an epiphenomenon of daily urban life, such that collaboration between urban designers, architects, and landscape architects is seen as both beneficial and necessary.

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A Study on the possibility to apply the characteristics of New Urbanism and our country in a new city business seen from the point of view of modernism and post-modernism - Focus on Eunpyung Newtown No. 1 District - (모더니즘과 포스트모더니즘의 관점에서 본 뉴어바니즘의 특성과 우리나라 신도시 사업에 적용가능성에 관한 연구 - 은평 뉴타운 1지구 개발을 중심으로 -)

  • Park, Jong-Hyun;Lee, Jong-Ryul
    • Journal of The Korean Digital Architecture Interior Association
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    • v.12 no.4
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    • pp.107-116
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    • 2012
  • Planning a major change in the domestic residential complex 'complex' in the 'city' to the influx of urban space. So, considering a set of self-environmental complex of openness and connectivity between cities inflow from residential urban housing is formed. Complex-oriented development approach and apartment high-rise and high-density regions of space and social disconnection that causes a uniform methodology that can solve the problem of housing plan, however, a recent New Urbanism New Urbanism has been introduced. And intravenous forms of communal life that occurred in the United States prior to World War II, this value is based on the main form. Design reorganizes This modern lifestyle factors (such as housing, jobs, shopping, leisure space) to go back to the traditional lifestyles while Neotradiotional Planning exercise. New Urbanism in the late 20th century, some literature refers to a postmodern approach adopted in the field of urban planning, the specific case. Actually important feature of post-modernism in the New Urbanism has been expressed. Problem is very confusing, and the principles of New Urbanism, New Urbanism, even those who claim that have different social and design views. Therefore, this study explores the postmodern tendencies of the New Urbanism, and based on this, the possibilities for the development of new towns in Korea mainly affected on the theory of New Urbanism in South Korea in Eunpyeong examine.

Guidelines by World Commission on Dams as seen from Japanese Dam Projects in the Past

  • Nakayama, Mikiyasu;Fujikura, Ryo;Mori, Katsuhiko
    • Proceedings of the Korea Water Resources Association Conference
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    • 2003.05a
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    • pp.219-225
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    • 2003
  • The World Commission on Dams (WCD) in November 2000 published "Dams and Development" as its only and final report. The report proposed "internationally acceptable criteria and standards" Despite the (act that the WCD itself did not regard the report as a blue print, many NGO's strongly support the report and the guidelines, and demand that they be adopted in their current form by funding organizations. The WCD recommendations and guidelines were found to have several "generic" problems, and the proposed guidelines appear unable to be applied as they stand. The authors assume that only several of these guidelines are operational and many of these are either too experimental or theoretical to be put into use. Furthermore, some seemingly "ready for operation" guidelines still need to be enhanced to be really operational in the real world. About 2,000 large dams were constructed in Japan after the Second World War. Various principles and mechanisms were then developed to better address the issues related to involuntary resettlement. The knowledge accumulated through large dam construction projects in Japan may be applied to other countries. The aim of this paper is to identify the lessons, out of the experiences gained in Japan through large dam construction projects in the past, which could be applicable for future large dam construction projects in other nations. The socio-economic settings as well as legal frameworks in Japan may differ other nation. Nevertheless, the following aspects of the experiences gained in Japan are found to be both applicable and useful for future large dam construction projects abroad: (a) Integrity of community in the negotiation process, (b) Provision of alternative occupations, (c) Funding mechanism in the post-project period, (d) Measures needed during planning process, and (e) Making resettlers "shareholders". These lessons may prove useful to enhance the WCD guidelines.

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Yoo Young-kuk's Early Constructivism: Utopianism in (1937) (유영국(劉永國)의 초기 구성주의: <랩소디>(1937)에 나타난 유토피아니즘)

  • 유영아
    • The Journal of Art Theory & Practice
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    • no.9
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    • pp.93-121
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    • 2010
  • This study is about Yoo Young-kuk's early works which show constructivism, especially focus on his debut painting, for the 7th Dokuritsu Bijutsu Kyokai(獨立美術協會, the Independent Fine Arts Association) in Tokyo in 1937. The work was painted 2 years after he had started his study in Japan in 1935. It was the first painting that applied Constructivism. played an important role for Constructivism to be a leading art in his abstraction. After this picture, Yoo was soon devoted to the principles of Constructivism-- Faktura(material), Tektonika (tectonics), Tekhnika(technique), space, construction-- in his painterly reliefs. This article examined why Yoo concentrated on Constructivism for , what the characteristics were, and what influences were on other works from 1935 to 1949. In addition, I investigated in which period was painted and how Constructivism was spread in 1930s and early 1940s in chapter 2. I scrutinized Rhapsody in chapter 3. When Yoo created Japan was under the Fifteen Years War(1931-1945), and a major discourse was the Japanese Spirit at that time. It was connected with construction of an ideal nation which the Japanese ultra-national fascism pursued. This ideological pursuit was intended to unite the Japanese people for total war system and to restore a national dignity which had been fallen down due to Manchurian Incident(1931). Thus, on the hand, Kokusai Bunka Shinkokai(國際文化振興, The Society for International Cultural Relations) and the Nippon Kosaku Bunka Renmei(日本工作文化連盟, Japanese Werkbund) were supported financially by the Japanese government. On the other hand, the government enacted regulations to opposing parties which would distract Japanese people's unification. As for the Japanese art world, the merge of art groups was carried out through remodeling of Teikoku Bijutsuin(帝國美術院, The Imperial Fine Arts Academy) in 1935. This brought out continuous dispute and disorder. Young artists who felt difficulty of entering an entry of Imperial Fine Arts Exhibition repeatedly grouped and disbanded for small art groups to build their standing, which they pursued Surrealism and Abstract art. Among them Constructivism was considered as the latest trend and was popular in craft, design, architecture as well as fine arts. In the year before he painted , Avant-garde theatres including Constructivism theatre were introduced in a feature article of September, 1936 in Atelier, which was dealing with mainly avant-garde arts. Books related with Constructivism were translated into Japanese, and Gestaltung Education had become active since the publication of A Compendium of Gestaltung Education("構成敎育大系"(1934)), Salvador Dali(1904-1989) was also introduced, so Surrealism was drawn more attention by young artists. reflected popular trends. Yoo analyzed the Japanese avant-gardists' archaic taste in the Independent Art Association that he submitted his painting to. And then he entitled 'Rhapsody' which derives from Ancient Greek's epic poetry and deliberately set up images in a scene. In chapter 3, I examined a theme which was planned carefully by sorting favorite images from the Japanese Surrealism. was a result that Yoo Young-kuk observed objectively the phenomenon that young artists dreamt of Utopia or longed for Nostalgia passively and lethargically under wars. And then he otherized himself from that circumstance. First of all, for he used the typical icons of Japanese Surrealism such as the horizon, flowing clouds, and vast plain that were considered stereotypes of Arcadia. He, however distinguished himself form those Japanese Surrealists. He made his own vision about Utopia by referring Lyubov Popova(1889-1924)'s stage design. His objective point of view was expressed by positive and dynamic images of structure and human's actions. Constructivism which was attempted in had an effect on other early constructive works, and the principles of Constructivism were sought hard in reliefs, paintings, and photos.

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