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Target Practising in a Global Commons: The Chinese ASAT Test and Outer Space Law

  • Dunk, Frans G. Von Der
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.55-74
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    • 2007
  • When the People's Republic of China destroyed one of its own defunct meteorological satellites, the Fengyun-1C, at an altitude of some 865 km above the earth's surface, the PRC was accused of initiating, or at the very least risking an(other) arms race in outer space also. The test also gave rise to a few legal questions as to the permissibility of this test, and the broader permissibility of using space for military and other weapon-touting activities, Whilst the test cannot be considered to constitute a direct threat to international peace and security so as to invoke relevant legal principles and consequences in terms of the UN Charter for example, it highlights the importance of such clauses in international space law as requiring international cooperation and consultation, due regard for the interests of all other countries both on earth and in outer space, and the further development of general regimes of registration and space debris-prevention. From that perspective, the PRC violated international outer space law not so much by the test itself but by the accompanying lack of information, consultation and due regard for other states', and indeed mankind's, interests.

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Target Practising in a Global Commons: The Chinese ASAT Test and Outer Space Law

  • Dunk, Frans G.Von Der
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.181-199
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    • 2007
  • When the People's Republic of China destroyed one of its own defunct meteorological satellites, the Fengyun-1C, at an altitude of some 865 km above the earth's surface, the PRC was accused of initiating, or at the very least risking an(other) arms race in outer space also. The test also gave rise to a few legal questions as to the permissibility of this test, and the broader permissibility of using space for military and other weapon-touting activities, Whilst the test cannot be considered to constitute a direct threat to international peace and security so as to invoke relevant legal principles and consequences in terms of the UN Charter for example, it highlights the importance of such clauses in international space law as requiring international cooperation and consultation, due regard for the interests of all other countries both on earth and in outer space, and the further development of general regimes of registration and space debris-prevention. From that perspective, the PRC violated international outer space law not so much by the test itself but by the accompanying lack of information, consultation and due regard for other states', and indeed mankind's, interests.

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A NOTE ON THE WEAK LAW OF LARGE NUMBERS FOR EXCHANGEABLE RANDOM VARIABLES

  • Hong, Dug-Hun;Lee, Sung-Ho
    • Communications of the Korean Mathematical Society
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    • v.13 no.2
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    • pp.385-391
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    • 1998
  • In this note, we study a weak law of large numbers for sequences of exchangeable random variables. As a special case, we have an extension of Kolmogorov's generalization of Khintchine's weak law of large numbers to i.i.d. random variables.

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An Examination on International Lawfullness of P. R. China's Territorial Sea Regime (중국 영해제도의 국제법상 합법성 검토)

  • 최종화
    • The Journal of Fisheries Business Administration
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    • v.24 no.1
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    • pp.45-64
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    • 1993
  • The law of territorial sea is a fundamental law by which the width of sovereign domain of a coastal state is determined. The P.R.China'a regime on the territorial sea was established through the Declaration on China's Ttrritorial Sea of 1958 and the P.R.China's Territorial Sea and Contiguous Zone Law of 1992. And the P.R.China's consistent policy on the territorial sea can be summarized as follows ; \circled1 The adoption of the straight baseline and 12 nautical miles of the territorial sea width, \circled2 The foreign merchant vessels can enjoy the right of innocent passage, while requesting for prior permission for the foreign military vessels on the entry into territorial sea. \circled3 The Chiungchow Strait and the Bohai Bay are claimed as the internal waters. \circled4 Enlistment of the whole coastal islands including the Taiwan. 12 nautical miles of the territorial sea width can be recognized as lawfull with respect to the 1982 UNLOS Convention. But the P.R.China's Territorial Sea and Contiguous Zone Law of 1992 contains some problems on the legality viewed in the light of customary international law. Firstly, it can be said that the adoption of simple straight baseline is not reasonable, and it must be investigated closely on the hidden intention of China. Secondly, there involved some possibility of international dispute on making Tung Tao which is 69 nautical miles apart from the mainland of a basepoint and on making the Bohai Bay of a historic bay. And also public notification of all basepoints for the straight baselines is necessary to meet the requirement of customary international law, Thirdly, two military zones established unilaterally in 1950 are illegal with respect to the customary international law, and they must be repealed deservedly. Fourthly, there have a lot of restrictions on the innocent passage even for foreign merchant vessels by the municipal law such as the Maritime Traffic Safety Law. As a conclusion, the P.R.China's territorial sea regime contains some illegal elements such as unilateral expansion of the maritime sovereignty or jurisdiction. In order to meet the general principle of the international law, the P.R.China's territorial sea policy must be modified on the basis of multilateral agreement with the states concerned. And Korea, as a state with opposite, has a definite right to take countermeasure agaist the P.R.China's contiguous zone.

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A Study on Governing Rule in Export Financing Related Account Receivable Assignment (수출금융에 있어서 채권양도계약의 준거법에 대한 소고)

  • Oh, Won-Suk;Han, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.89-109
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    • 2011
  • Among various export financing, forfaitng and factoring give a comfort to exporters as those special financing schemes are extended to them on a without recourse basis. This is good for the exporters in terms of financing and risk cover of buyer or LC issuing banks. To enjoy this benefit, the SME exporters should, however, know the risks involved in sales contract. For example, if the export and importer set Korean law as governing law in the sales contract especially for open account exports, the exporter's receivables might be not welcome by factors according to provisions of Korean Conflict Law and it's application. Those regulations tell that the factor's position would be unstable when the sales contact limit exporter's assignment of receivables to the factor when the sales contract is subject to Korean law. Also the exporters should know related regulation of importer which might affect the assignment of receivables as well. This paper suggests the Korean exporters take internationally recognized agreement/convention such as UNI|DROIT Convention on International Factoring, UN Convention on the Assignment of Receivables in International Trade.

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The study of the law system for constructing a Home-Network at the environment of apartment houses (공동주택 환경에서의 홈네트워크 구축을 위한 법제도 연구)

  • Lim, Sang-Chul;Kim, Sun-Hyung
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.12 no.5
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    • pp.801-808
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    • 2008
  • As Home Network facilities are more enlarging on the basis of a Certification system and U-City by a different operators and regional groups. In this paper, describer to the status of it's installation and promotion and arrange it's general idea and law system concept. Also, draw operation system's problems and present counterproposal through analyzing an application basis of the law systems and information-communication technical standards such as construction law, housing law, and regulation to the housing construction standard. etc. We suggest an change necessity of the law system that home network can get ready for safely, facilities, comfortability of the user's convenience.

Cultural Property in the territory of the North Korea considered from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property' (「문화유물보호법」을 통해 본 북한의 문화유산)

  • JI, Byong-Mok
    • Korean Journal of Heritage: History & Science
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    • v.36
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    • pp.39-67
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    • 2003
  • In this paper we examine cultural properties of the North Korea from 'the law of the Democratic People's Republic of Korea on Protection of Cultural Property". This law was adopted the Resolution of the Standing Committee of the Supreme People's Assembly of DPR of Korea in 1994. For our study, some other laws or rules established after the end of Japanese colonial occupation (1910-1945) in North Korea were examined. The policy on protection and conservation of cultural property in North Korea seems to have taken place a relatively rapid. The purpose of this law is to carry out the policy with a view to contributing to establishment of strict system and order for protection and management of cultural property, to their preservation in original state, to their proper inheritance and development, and to enhancement of national pride and confidence among the people. This law consists of 6 chapters (52 articles): (1) Fundamentals of the law on protection of cultural property, (2) Archaeological excavation and collection of cultural relics, (3) Evaluation and registration of cultural property, (4) Preservation and management of cultural property, (5) Restoration of cultural property, and (6) Guidance and control of cultural property protection. Nevertheless, it is difficult to find the evidence of efforts to exploit the cultural properties from an academic point of view in North Korea since the late 1980s.

Fuzzy Control Through Singularity (특이성에 대한 퍼지 제어)

  • 이혜린;정정주
    • 제어로봇시스템학회:학술대회논문집
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    • 2000.10a
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    • pp.356-356
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    • 2000
  • For irregular nonlinear systems, switching controlk form is proposed recently. This control law is designed to overcome the singularities through the scheme that switches between an approximate tracking law close to the singularities, and an exact tracking law away from the singularities. But, that form has problems which may break the system's stability through unstable control input value at switching procedure. In this paper, We propose new switching control law which supervises approximate tracking control law and exact tracking control law by fuzzy rules to overcome unstability problem in switching procedure.

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A Study on the Excluded Risks of the Marine Cargo Insurance (적하보험 면책위험에 관한 연구)

  • Choi, Mi-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.319-335
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    • 2010
  • The purpose of this study is to make clean the scope of insurer`s liability through theoretical interpretation and to understand some problems of various excluded risks in law and clauses relating to marine cargo insurance. This study suggest the problems related with the interpretation of the excluded risks in law and clauses. Through continued study on the excluded risks in law and clauses, we should make a system which will satisfy the assured in making the insurance contract.

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의학문헌의 계량서지학적 분석

  • 윤구호;이영철
    • Journal of Korean Library and Information Science Society
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    • v.18
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    • pp.61-90
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    • 1991
  • We analyzed the author's productivity and cited literatures to assess research activities of medical scientists and scientific properties of medical research in Korea by bibliometric research methods. We tested applicability of Lotka's law and analyzed the author's productivity by means of Brookes graphic model. And we measured core journals, aging factors and half-life in medical literatures by the Bradford's law and the law of obsolescence.

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