• Journal of Arbitration Studies
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• v.27 no.1
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• pp.85-106
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• 2017

This article deals with the relationship between arbitration and state court in each procedural stage. As most legal systems over the world respect arbitration agreement, the relationship between arbitration and state courts puts emphasis on party autonomy and provides the independent power of arbitration agreement tribunal (Kompetenz-Kompetenz). Most institutional arbitration rules the arbitral tribunal to rule on its own jurisdiction. Modern national laws have similar provisions based on Art. 16 UNCITRAL Model Law. In this regards the author throws a question in Chapter II, whether the doctrine of Kompetenz-Kompetenz, namely the ability of the tribunal to decide upon its own jurisdiction is worth while persisting, and whether the Kompetenz-Kompetenz-agreement should be regarded as valid, with the conclusion, that this doctrine should concede to the power of state court and that Kompetenz-Kompetenz-Klausel is invalid. In Chapter III the author discusses the issue of whether the breach of an arbitration agreement could lead to the compensation of damage. Although the author stands for the procedural character of arbitration agreement, he offers a proposal that the breach of an arbitration agreement bring about the compensation of damage. The issue of anti-suit injunction is discussed also in this Chapter. He is against the approval of anti-suit injunction based on an arbitration agreement resisting the other party from pursuing a lawsuit in a foreign country.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.2
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• pp.179-185
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• 2013

UNCLOS recognizes the right of innocent passage in the ocean but grants jurisdiction and governance to the state of the flag the vessel flies. However, by granting the right to determine vessel's nationality to each country in UNCLOS and by practically consenting inconsistency with the ownership and the state of flag has made the keeping of maritime order quite difficult. Especially, acknowledging the exclusive rights of the flag state on criminal jurisdiction hinders the owner state from exercising its rights and exposes the problem of not taking into account the opinion of the affected state party. This study addresses these issues and examines international regulations on vessels and flag states, mainly UNCLOS, and provides case studies on how criminal jurisdiction is determined when accidents occur at sea. Furthermore, it takes a deeper look into the mutual assistance system in criminal matters and proposes some alternatives on how to overcome these issues.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.3-25
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• 2011

국제상사중재를 다루는 중재판정부의 중재인은 당사자들 간의 유효한 합의를 통하여 구속력 있는 중재판정을 행사할 권한을 가진다. 중재계약에 다른 정함이 없는 한 중재인의 판정권에 대한 결정은 중재인 자신이 내린다. 중재인은 중재합의에 의하여 그 권한이 부여된 사건에 대해서만 권한을 갖게 되나, 명시적으로 그 권한에 따라야 하는 사건 외에 당해 사건을 해결하기 위하여 처리하지 않으면 안 될 모든 문제, 즉 당해 사건과 절단될 수 없는 형태로 연계되어 있는 문제 또는 그 부차적인 조건의 문제를 해결하여야 하는 책임을 지게 된다. 중재판정부는 그 자율적인 권한범위를 규율하는 권한을 가지며, 그 권한 속에는 중재합의의 존부 또는 효력에 관한 것도 포함된다. 중재인의 판정권에 이의가 있는 당사자는 법원에 중재계약의 부존재 무효 확인을 청구할 수 있고, 중재판정이 이미 내려진 경우에는 중재판정취소의 소를 제기하거나, 집행판결에서 이의를 제기할 수 있다. 우리 중재법의 입장에서 국제중재판정의 판정기준에 대해 는 중재판정부는 당사자들이 지정한 법에 따라 중재판정을 내려야 하며, 특정 국가의 법 또는 법체계가 지정된 경우에 달리 명시되지 아니하는 한 그 국가의 국제사법이 아닌 분쟁의 실체법을 지정한 것으로 보고 있다. 국제중재의 법적 안정성, 예측가능성의 관점에서 실정법을 그 판단의 규준으로 삼는다. 한국의 국제중재의 특성은 국제성 중립성, 보편성을 보장받는 점이다. 중재인 구성원은 세계 각국의 국적을 가진 전문 중재인들이 참가하고 있다. 중재절차에 있어서도 중재인은 실체법이나 절차법, 또는 법률의 상충에 관계없이 어느 특정법률을 적용하도록 강요받지 않고 각각의 경우에 가장 적합한 법률에 따르며 중재판정부의 진행절차는 국제중재규칙에 의해 규율된다.

• Transportation Technology and Policy
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• v.2 no.2
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• pp.53-78
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• 2005

This is to introduce and overview regional transportation planning processes in the southwest region of the State of Washington, USA. First, significant roles of Growth Management Act (GMA) of the State of Washington in transportation planning are examined. Major functions and roles of Southwest Washington Regional Transportation Council (RTC) as an MPO in the southwest region of the State of Washington, are reviewed mainly from the regional transportation planning perspectives by examining regional transportation planning programs and coordination among the state and local cities and counties. Finally, processes and roles of Metropolitan Transportation Plan (MTP) are discussed. Regional transportation planning processes in a case of the southwest region of the State of Washington may be considered as a reference in regional transportation planning efforts in Korea.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.38 no.3
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• pp.25-34
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• 2020

This study examined the definition and major values, the designated procedures and types, and the designation trend in Korean scenic sites and national parks in the United States. Based on this, the analysis of the characteristics of the designation of the two natural heritages. The results are as follows; First, Scenic Sites has characteristics of complex heritage that includes academic, historical, and humanities values on the basis of landscape. As a natural heritage based on public nature, the U.S. National Park aims to contribute to the people's natural heritage and satisfy both ecological and historical values through the protection of the landscape. Second, the designation of a scenic sites are decided through deliberation by the Cultural Heritage Committee after the request of the owner, manager, or local government or by the authority of the head of the Cultural Heritage Administration. The designated survey is divided into basic resource surveys and resource surveys by type. Since the initial designation of the Sogeumgang Mountain in Cheonghakdong, Myeongju in 1970, the number of designated scenic sites was low until the 2000s, but the number of designated scenic sites has increased rapidly since 2006 due to the policy to promote the scenic site, and the proportion of natural and historical and cultural scenic sites has been balanced. The designation of the U.S. national park is decided by the Congress or the president, and the National Park Service makes a series of decisions on whether to conduct a special resource study of provisional resources through a preliminary inspection survey, whether to satisfy the criteria for designation of national parks based on the results of special resource research, and to prioritize them. The U.S. National Parks have been expanded not only by Congress but also by the president's empowerment to designate them as national monuments. With the integrated operation of the National Park Service, the number of designated cases increased as the national park included the heritage sites under the control of various ministries. In addition, a number of historical areas were designated by the enactment of the Historical Site Act, and recreational areas were designated to provide leisure space and classified and managed in a total of 18 units. Third, the comparison of the designation characteristics of the two heritage properties confirmed that the designation of natural heritage with complex value, the classification of types according to complementary designation system and resource characteristics, the establishment of the competent ministry and the balancing of the heritage according to the designation policy. The two heritages had the characteristics of complex natural heritages that met ecological, historical and academic values at the same time based on landscape and public nature. In addition, both countries have identified a system for deliberating the designation of heritage through a basic resource survey and an in-depth designation survey, and classified each type according to the characteristics of the resource. In addition, the policies for promoting scenic sites in Korea and the integrated operation of the National Park Service in the U.S. influenced the designated aspects of the two heritage sites, balancing natural heritage with historical and cultural heritage. Fourth, the resource types and conservation management methods of Scenic site and National Park were largely related. The natural areas of the U.S. National Park include types of natural monuments in Korea as major resources, and have characteristics similar to natural scenic sites. In addition, historical resources were similar to the criteria for designation of historical and cultural scenic sites in terms of landscape, and the aspects of war and celebrity-related relics were related to the types of historic sites. In terms of conservation management, the natural area of the U.S. national park has a way of keeping the original ecosystem intact, but the Korean natural heritage protection system is likely to be useful for focusing on the resource of viscosity. Meanwhile, historical resources include historical sites and historical and cultural scenic sites in the traditional era, but historical relics in the U.S. National Parks have set a time limit to modern times for war history and celebrity-related relics, and the active provision of entertainment programs based on existing resources was derived as a difference.