• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.1-21
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• 2015

U. N. Convention on Contracts for the International Sale of Goods (hereinafter the 'CISG' or the 'Convention') has been in force more than 37 years. The CISG responds to the need for uniform sales law. First of all, the biggest barrier against the uniformity in sales law is so-called "homeward trend". Professor Honnold, who served as secretary of UNCITRAL during the time in which the CISG was developed, pointed out the danger of "homeward trend" like this in his Article. "One threat to international uniformity in interpretation is a natural tendency to read the international text through the lenses of domestic law." CISG Article 79 is the principal provision governing the extent to which a party is exempt from liability for a failure to perform any of his obligations due to an impediment beyond his control. So-called 'Manfred Forberich' decision regarding the article 79 represents the most extreme example of what is likely the most dangerous error that tribunals applying the CISG can make. CISG Article 79 only governs impossibility of performance, and there is a controversy whether a disturbance which does not fully exclude performance, but it considerably more difficult or onerous(hardship, change of circumstances, economic impossibility) can be considered as an impediment. Unlike PICC and PECL, the CISG governs contract of sale. Therefore, events such as a sudden increase in the price of raw materials or a dramatic devaluation of currency, will not allow the seller to avoid his liability for non-delivery of the goods or to require renegotiation of the terms of the contract of sale. We should bear in mind that the CISG should be interpreted and applied in the context of the CISG itself.

• Journal of Korea Trade
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• v.26 no.5
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• pp.88-105
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• 2022

Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

• The Korean Nurse
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• v.22 no.5 s.123
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• pp.66-79
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• 1983

• Iberoamérica
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• v.23 no.1
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• pp.79-111
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• 2021

The purpose of this article is to present the potential of balangandãs as a documentary source for intersectional studies of gender and slavery, from the analysis of formal and symbolic aspects of the museum objects in the Museu Nacional Nacional (MHN) and Museu Carlos Costa Pinto (MCCP). Balangandãs are a type of creole jewelry, made in gold or silver and used in Brazil since the 18th century by black women - women who worked, especially in the commercialization of foodstuffs in large urban centers. They are described in printed sources and engravings, and preserved in some museum institutions. In the study, the meanings attributed to the object over the centuries are observed: jewelry, amulet, peculium, document, travel memory and heritage. As a result, the article seeks to highlight the objects as a historical and documentary source, verifying similarities between the pieces musealized at the MHN and at the MCCP, also emphasizing the documental power of the pieces produced today.

• Research in Mathematical Education
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• v.4 no.2
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• pp.79-93
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• 2000

The purpose of this article is to introduce the gifted education of mathematics in Korea. We first discuss what is going on in Korea for mathematics education for gifted students. The curriculums for the institutes for gifted education are mentioned. Some focus of this article is proposing some teaching materials that are actively utilizing many basic concents of cryptography and super-string theory, along with careful use of calculators and computers. Many of the materials haven been designed with problem-posing approach on through invoking the cognitive conflict.

• Journal of Arbitration Studies
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• v.24 no.3
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• pp.79-103
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• 2014

In light of increasing international trade in recent years, international arbitration has been more widely used by international parties to resolve their conflicts. Thus, the need for reliable and effective enforcement of foreign arbitral awards has amplified. To facilitate the enforcement of foreign arbitral awards, the New York Convention lists grounds for the refusal of recognition and enforcement in Article V. This paper examines prominent U.S. case law on Article V(1)(b), which is put in place to ensure that arbitration proceedings are conducted properly in accordance with due process requirements: proper notice to parties and an opportunity to a fundamentally fair hearing. This examination of case law conveys that U.S. courts refuse to enforce foreign arbitral awards pursuant to Article V(1)(b) only when due process rights of the party against whom the award is to be enforced are clearly violated by the arbitral tribunal. This paper also reveals that U.S. courts mainly defer to arbitral tribunals' discretion, especially as to evidentiary matters. Therefore, it is predicted that U.S. courts will likely continue to narrowly construe the grounds in Article V to facilitate reliable and effective enforcement of foreign arbitral awards in the U.S.

• American Studies
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• v.42 no.2
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• pp.79-107
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• 2019

This article explores the photographic work of North American artist Jeff Wall. While his photographic work has been much discussed in terms of aesthetics and composition highlighting his methodological appropriation of modernist painters such as Eduard Manet and Piet Mondrian, the political aspect of his work remains to be investigated. This article especially unpacks the complicated dialectical relationship between the formal aesthetics and the political nature of his works by visiting his photographic work in the context of contemporary debates on the contradiction and conflicts between aesthetics and politics in photographic form. Ultimately, this article argues that Wall's photograph acquires its political meaning by problematizing the reified social representation of the other in a way in which the materiality and/or otherness of the photographic object is registered within the photographic frame and by representing the violence of the social representation and the un-representability of the object/other.

• The Journal of the Korean life insurance medical association
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• v.27 no.2
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• pp.75-79
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• 2008

This article summarizes current knowledge about the metabolic syndrome (MetSyn) and addresses the question, "Does the MetSyn add new information that is important from an underwriting and pricing perspective?"

• KSBB Journal
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• v.18 no.2
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• pp.79-89
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• 2003

This article contains an overview of acoustic wave devices, the theory and application of piezoelectric quartz crystal microbalances(PZ QCM), clinical analysis, gas phase detection, DNA biosensors, drug analysis, food microbial analysis and environmental analysis.

• Journal of the speleological society of Korea
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• no.5
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• pp.79-95
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• 1997

The main purpose of this article is to compare different mapping techniques, so that an appropriate one may be chosen for a particular cave. Ultra-accurate techniques such as using tripods are not discussed here, as their application is limited to a small minority of caves. Most modem mapping is carried out under time restraints, due to the shortness of an expedition or the difficulty of a cave; thus, rapid mapping techniques are emphasized here.(omitted)