[역사이야기] 고대 일본에 대한 인식

홍성화 한국주민자치학회 2024 월간 공공정책 Vol.219 No.-

國有化와 國際法

洪性化 건국대학교 1973 法經論叢 Vol.1973 No.8

軍縮과 軍備管理에 關한 小考

洪性化 건국대학교 1973 樂圓誌 Vol.8 No.1

2006년 해사노동협약 국내 수용을 위한 주요 쟁점사항에 관한 연구 -선원 근로조건 관련 규정을 중심으로-

홍성화 한국해양수산개발원 2009 해양정책연구 Vol.24 No.11

Maritime Labour Convention, 2006(MLC, 2006) was expressly designed to be a globally applicable, easily understandable, readily updatable and uniformly enforced legal instrument that, once it enters into force, will be the fourth pillar of the international regulatory regime for quality shipping, complementing the key Convention of the IMO (SOLAS, STCW, MARPOL). Effective national implementation of the MLC, 2006 will necessary contribute to the achievement of decent employment and social conditions for seafarers and will also support the safety, security and environmental protection objectives of these other important international Conventions by improving shipping operations in the industry worldwide and helping to eliminate substandard shipping operations. These ambitious objectives will be archived through the rapid ratification of the Convention by a majority of countries active in the maritime section. Accordingly, this study purposed to examine required conditions of employment provided in Title 2 of the Maritime Labour Convention in 2006 focused on major issues in accepting the convention as a national law, and then to propose improvements.

選擇條項의 法的 構造

洪性化 건국대학교 1971 學術誌 Vol.12 No.1

Paragraph 2, Article 36 of statute of International Court of Justice is called an Optional clause. The development of system is necessary to secure its performance so that the law may be observed certainly. The existence of an International Court of Justice is an important institute, an observation of the international law be secured. However, in order to secure the performance of International Law, the existence of an organization being simultaneously structured rationally, must display the function effectively. To attain the stage mentioned above, it is absolutely necessary the legal conflict must be solved at International Court of Justice. In other word, a compulsory jurisdiction is required. Nowadays, the Compulsory Jurisdiction is deemed as a reasonable attribute so as to be the unificative and organized juridical institute. Such attribute is not prepared at International Court of Justice, which is an important juridical institute, referred to the pact that peculiar character of international society is existing. On the contrary, it is well organized to authenticate an attribute, and co-operative enough to deem as a common interest. The fact that the League of Nations insert Optional Clause, same as current one, being adopted on Article 36, statute of Permanent International Court of Justice in 1920, was the product of national Sovereignty so as to make juridical institute as the unificativ teand organized one. Same story shall be allowed at International Court of Justice. Whereas, initially it was called as the product of compromise, the point is that Compulsory Juridiction of Court against legal conflict would be fully prepared as long as all slates concerned, might accept an obligation based on Optional Clause and make a good use of the same. Subsequently an expansion of acceptance for Optional Clause is an important element for complete arrangement of the International Court of Justice substantially, at the same time, an important progress shall be attained for the sake of securing performance of international law. Whereas, content of the same should be apprehended for the sake of proper management of the law accurately. First of all, legal structure on Optional Clause should be understood for the sake of proper management of Optional Clause. It was not obviously clarified on grammatical interpretation of paragraph 2, Article 36 of the statutes. The character of International Legal Act whether unilateral act or bilateral act, for which arising effectiveness of Optional Clause grants Jurisdictional Right of Court as compulsory in connection with relationship of the state that accepts similar obligattion due to unilateral sentence by state concerned. In accordance with Optional Clause, the terms and conditions shall be added, and these shall be accorded with pursuant to paragraph 3, Article 36 of the statutes. The terms and conditions, mentioned in this statement, mean unconditionally and/or mutual conditions. An issue at here is the content of mutual terms and conditions. It must be considered in connection with relationship for an issue of reservation, which seemed to be the state actionally practised, and seemed to be established Upon an acceptance of Optional Clause. On this occasion, it must be obviously clarified legal character and limitation of reservation together with its practice. These leagl questions, being surrounded to Optional Clrause, must be clarified as legal issue. Therefore, it must be clarified not only grammatical interpretation of statute of International Court of Justice, but also flavouring with the intention of court. The purpose of this statement lies in confirmation as to practice of reservation, being accompanied with Optional Clause, even though it was told that the statement was optional, clarifying functional margin how to control compulsory jurisdition of the court.

海洋汚染의 國際法에 관한 硏究 : 그 發展過程을 中心으로

洪性化 건국대학교 1983 學術誌 Vol.27 No.1

International marine pollution cannot be regulated effectively by domestic Law alone. The so-called International marine pollution also is still in its infancy. Since it is transnational in nature of International law should be restorted in oder to cope with it. However there are who insist that there have been existed many international treaties and substantial body of customary law for regulation various forms of marine pollution. International marine pollution has originated form such fields as international fluval Law. The Law of the sea and International Law relating to the state seponsibility. It consist of treaty, but also customary law forms part of it. This article first examined the historic development of International marine pollution law. The article next analyzes marine pollution regulations contained in International treaty and customary law. Finally, the article discusses reasons for the UNCLOS III impass on marine pollution and the effects of general claims upon the negotiations which produced the current United Nations Convention on the Law of the sea marine pollution provisions.

信濃 지역과 渡來人

홍성화 한국일본학회 2020 한국일본학회 학술대회 Vol.2020 No.08

國際聯合憲章의 法的 性質에 관한 硏究 : with special regard to the theory of socialist writers 社會主義 學者들의 理論을 中心으로

洪性化 건국대학교 1991 學術誌 Vol.35 No.1

I would like to consider a few of the enduring juridical problems pertaining to the Charter of the United Nations and its interpertation at the present title. Since the theory of western writers are fairly well-known. I propose to pay special attention to the opinions expressed in socialist level literature in order to underscore the inherent difficulties that fundamental questions of the Charter interpretations pose for scholars in all major social system of the international community. If the Charter can be said to deliver the past to the present, so to speak, the realty interesting question is how, and to what extend the Charter can continue to be the basis for the development of international law over long period of time in spite of chaning conditions in international society. I will conclude with a comment on the status of the increasing number of related documents that in one way as another seem to be interpretations of or additions to the substance of the Charter itself, and I will suggest that, if we are reaching a point at which the Charter is to be the general part, and multitude of interpretative acts the special part, of a developing code of public interestional law, the task of systematizing the growing mass of relevent legal materials become more pressing than ever before.

보은대추의 추출용매에 따른 생리활성 비교

홍성화,이하나,양진우,김영화,이준수 한국식품영양과학회 2018 한국식품영양과학회 학술대회발표집 Vol.2018 No.10

經濟水域에 관한 硏究 : 그 槪念의 史的發達을 中心으로 with special reference to the development of it's concept

洪性化 건국대학교 1977 學術誌 Vol.21 No.1

The 21st Certury will be an age of Sea. Not only we will obtain our necessary energy in the sea but also we will reside there. In this respect, it is proper to say that sea is a lifeline for the mankind. Therefore we can say that it is our fundamental duty to regulate the marine order and to formulate marine conditions for natural preservation. For such purposes the U N has last its 3rd Conference on the Law of the Sea to promulgate the marine orders from 1973 up to now. The basic problems which haul been suspended on the desk of the 3rd Conference on the Law of the Sea were the limit of territorial sea, the passage of international straight, the exploitation of deep sea-bed, the sea pollution by ship, scientific research of marine materials, and the problems of exclusive economic zone. Especially among them, we are interested in the proposals of 12 miles of territorial sea and of 200 miles of exclusive econonic zone. In this article, the writer attempted to bring light on the problem of exclusive economic zone, historical evolution of the concept of economic zone and relative proposals presented at the regional or international conferences. This article contains following contents : 1.Introductory Notes 2.Historical Background of Economic Zone 3.Decisions and Decralations of the Regional Commumities 4.The 3rd Conference on the Law of the Sea and Economic Zone 5.Conclusion.