• 수완나부미
• /
• 제8권1호
• /
• pp.121-146
• /
• 2016

Defining key characteristics of Southeast Asia requires historical interpretation. Southeast Asia is a diverse and complicated region, but some of modern history's "grand narratives" serve to unify its historical experience. At a minimum, the modern history of the region involves decisive encounters with universal religions, the rise of Western colonialism, the experience of world wars, decolonization, and the end of the "cycle of violence". The ability of the region's peoples to adapt to these many challenges and successfully build new nations is a defining feature of Southeast Asia's place in the global stage. This paper will begin with a question: is it possible to develop a hermeneutic of "expedience" as a way to interpret the region's history? That is, rather than regard the region from a purely Western, nationalist, "internalist" point of view, it would be useful to identify a new series of interpretative contexts from which to begin scholarly analysis. In order to contextualize this discussion, the paper will draw upon the writings of figures who explored the region before knowledge about it was shaped by purely colonist or nationalist enterprises. To this end, particular attention will be devoted to exploring some of John Furnivall's ways of conceptualizing Southeast Asia. Investigating Furnivall, a critic of colonialism, will be done in relation to his historical situation. Because Furnivall's ideas have played a pivotal role in the interpretation of Southeast Asia, the paper will highlight the intellectual history of the region in order to ascertain the value of these concepts for subsequent historical interpretation. Ultimately, the task of interpreting the region's history requires a framework which will move beyond the essentializing orientalist categories produced by colonial scholarship and the reactionary nation-building narratives which followed. Instead, by beginning with a mode of historical interpretation that focuses on the many realities of expedience which have been necessary for the region's peoples, it may be possible to write a history which highlights the extraordinarily adaptive quality of Southeast Asia's populations, cultures, and nations. To tell this story, which would at once highlight key characteristics of the region while showing how they developed through historical encounters, would go a long way to capturing Southeast Asia's contribution's to global development.

• 대한수의학회지
• /
• 제21권2호
• /
• pp.65-72
• /
• 1981

인디아, 스리랑카, 버마, 타일랜드, 말레이지아, 인도차이나, 필리핀, 타이완 그리고 일본(日本)에 분포(分布)하는 것으로 이미 알려진 바 있는 Amblyomma testudinarium Kcoh, 1844 진드기가 금번(今番)에 우리 나라에서도 처음으로 발견(發見) 되었기에 보고(報告)한다. 제주시(濟州市)로부터 동남방(東南方) 24km 떨어진 지역(地域)인 북제주군 조천면 교래리에 위치(位置)하고 있는 대원목장(牧場)에서 사육중(飼育中)인 홀스타인 육우(乳牛)로부터 채취(採取)된 미포혈(未飽血) 상태(狀態)의 웅충(雄蟲) 1마리를 검사재료(檢査材料)로하여 종속동정(種屬同定)을 하여 본 결과(結果), Amblyomma testudinarium 진드기로 밝히어 졌으며, 이에 그 형태학적(形態學的) 특징(特徵)을 기술(記述)하여 보고(報告)한다. 경(硬)진드기류(類)에 속(屬)하는 Amblyomma 진드기의 국내서식(國內棲息)이 확인(確認)됨에 따라, 국내(國內)에서 발견(發見) 보고(報告)된 진드기의 종류(種類)는 경(軟)진드기인 Argas속(屬), 그리고 경(硬)진드기인 Boophilus속(屬), Dermacentor속(屬), Haemaphysalis속(屬), Hyalomma속(屬), Ixodes속(屬) 등, 경(軟)진드기류(類) 1속(屬), 경(硬)진드기류(類) 6속(屬), 도합(都合) 7속(屬) 18종(種)이 기록(記錄) 되었으며, 지리적(地理的)으로 볼 때, A. testudinarium 진드기의 분포(分布)에 있어서 우리 나라가 동남아세아(東南亞細亞)와 일본(日本)을 연결(連結)해 주는 교량적(橋梁的) 위치(位置)에 놓여 있다는 점(點)과 제주도(濟州道)의 자연환경(自然環境)과 기후조건(氣候條件)은 열대(熱帶) 또는 아열대(亞熱帶) 지역(地域)의 진드기 서식(棲息)에도 적합(適合) 할 것으로 사료(思料)된다.

• Ocean and Polar Research
• /
• 제31권1호
• /
• pp.31-50
• /
• 2009

The demarcation of Maritime Boundary is directly related to the expansion of jurisdiction and the securing of resources. Resource diplomacies of the three countries Korea, China and Japan represent a major task for the national administrations : to secure resources as well as to stablize and sustain resources for future national economies. At the sea area around Korea as well, countries are fiercely competing to secure resources and to expand jurisdiction. This is evidenced by the fact that various principles and logics which are beneficial to each own country are presented through international precedents, agreement between countries and the theories of the international law scholars. They say that the conclusion of demarcation of maritime boundary for the Yellow Sea would be easy from the point that there is no dispute related to island dominion in the waters of the Korean Peninsula especially the Yellow Sea, but still we need to have a strategic approach to this issue from the point that the factors used for claiming maritime boundaries may expand the waters of a country over much. For example, the continental shelf boundary in consideration of the distribution of sedimentary deposits in the Yellow Sea which is being raised by China began from the hypothesis that the inflow of sedimentary deposits to the Yellow Sea through the rivers of China represents absolute majority, but the results of the latest studies raised questions on the hypothesis. Especially, the studies done by Martin and Yang revealed that the inflow of sedimentary deposits to the Yellow Sea from the Yellow River is approximately less than 1% of total sedimentary deposits in the Yellow Sea, and also the result of analysis on the causes and counter policy measures on the environment of Bohai, China supports the reliability of the results of such studies. From a legal aspect, the sedimentary deposits of rivers which are claimed by China represent extremely weak ground for the claim for the title of the continental shelf. The siltline claimed by China seems to be based on the Article 76-4-(a)(i) of UNCLOS. This is, however, not the definition on the title of the continental shelf but it is only a technical formula to utilize in a case where a country desires to expand the continental shelf to over 200 nautical miles. Scientific and Technical Guidelines of the Commission on the Limits of the Continental Shelf also confirm this point through the Article 2.1.2 of the Guideline. The only case in which sedimentary deposits of rivers were referred to as concrete demarcation of maritime boundary was in the which was concluded in 1986 between India and Myanmar at the Andaman Sea. In the said case, India acknowledged the boundary up to the isobath of 200m which Myanmar claimed based on the sedimentary deposits of the Irrawaddy River. It has limits as a case for acknowledging the sedimentary deposits, however, because in fact India's acknowledgment was made in exchange for the condition that Myanmar gave up the dominion of two islands which they had been claiming from India up until that time.

• 한국자원식물학회:학술대회논문집
• /
• 한국자원식물학회 2019년도 추계학술대회
• /
• pp.47-47
• /
• 2019

미얀마 Indo-Burma 지역은 13,500종의 식물종이 분포하고 있는 생물다양성 핫스팟이다. 북부 산악지역에서 남부의 망그로브 지역에 이르는 다양한 특성의 생태계로 구성되어있다. 그러나, 풍부한 생물 다양성은 인간에 의해 인위적인 간섭, 개발, 모노크림 재배와 같은 지속적인 삼림 벌채로 위협 받고 있다. Dprovidedc와 Krupnick (2018년)은 123과 472종의 미얀마 약용식물을 학명, 영명, 미얀마 식물명 그리고 미얀마 현지에서 쓰이고 있는 약용식물의 활용 및 보존 상태를 종합적으로 정리했다. 이 중 약 13%가 보존 상태에 대한 평가를 받았으며 IUCN의 멸종 위기 종 목록(IUCN2017)에 등재되었다. 비록, 전국에 다양한 식물 및 생물 다양성이 분포되어 있지만, 미얀마는 여전히 지속 가능한 관리와 사용을 위한 인적자원과 시설이 부족하다. 국립수목원(KNA)은 2013년부터 미얀마 천연자원환경보전부(MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL CONSERVATION, MONREC)와 미얀마 산림과학원(Forest Research Institute, FRI)과 함께 미얀마 보호지역 및 Saggaing 지역 내 식물 다양성 보존을 위한 공동 현장조사, 연구 및 출판 등의 협력사업을 진행하고 있다. 또한 국립수목원(KNA)는 약용으로 가치가 있는 미얀마 식물 생체를 수집, 현지외 보전 중이며 이중 65과 326종의 식물 생체를 국립수목원(KNA)에 있는 열대식물자원연구센터에 보존과 교육 목적으로 전시 중이다. 이 기증은 미얀마에서 식물생체를 국외로 반출한 첫 번째 사례이며 국립수목원(KNA)은 2008년 독일에서 열대식물을 기증받은 사례 다음으로 두 번째로 외국 정부의 공식적인 대량 식물 도입 사례이다. 도입한 식물 중 Santalum album L. 과 Amorphopallus paeoniifolius (Dennst.) Nicolson. 은 IUCN Red List of Threated Spiences (IUCN2017)에 취약(Vulnerable, VU), 관심필요(Least Concern, LC)로 분류되어 있다. 국립수목원 (KNA)는 2019년 6월 17일 개최된 "2019 아태지역 산림주간 및 28차 아태지역 산림위원회"에 참가하여 미얀마 도입식물 전시회를 개최 하였고, 국내 최초로 Amorphopallus paeoniifolius (Dennst.) Nicolson.의 Leaf Cycle을 타임랩스 촬영하여 국립수목원 웹진(10월 호) 과 YouTube에 연구성과를 홍보하고 있다. 또한 국립수목원 열대식물자원연구센터는 2,700여종의 미얀마, 라오스 등 무한한 가치를 지닌 열대식물의 수집 보전으로 기초 응용 연구기반을 구축하여 국민들에게 열대식물의 중요성과 잠재적인 자원가치를 알리는 역할을 하고 있다.

• 동남아시아연구
• /
• 제21권1호
• /
• pp.249-286
• /
• 2011

This study examines the nature of the world order or the international relations of the 19th century Vietnam. Those who are familiar with the Chinese world order based on the tributary system, have applied the quasi-Chinese world order concept to Vietnam by the terms of 'smaller dragon,' 'little China,' and 'Chinese model.' According to this way of understanding, Vietnamese empire was the imitation or the small sized version of the Chinese empire. Examples are to label Vietnamese emperor as the "Southeast Asian version of the Chinese emperor" or "an absolute photocopy of the Chinese world order." But the author of this article raises questions to this framework of the Chinese Model, and looks for the Vietnamese own world order based on the Southeast Asian tradition. Two issues are discussed in this study. First is the Vietnamese relationships with Southeast Asia. According to author, the first concern of Vietnam in relation to diplomatic relations was to the Mainland Southeast Asian countries. To clarify the contacts with Southeast Asia and Western powers, Vietnamese relationships with the regions of Island Southeast Asian countries were also examined. Second issue is to see the ways how Vietnam maintained its own world order in the course of wars and diplomacy with China. Author argues that the world order of the 19th century Vietnam was closer to the traditional world order of mandala in the Southeast Asia than to the quasi Chinese world order. The relationships among the countries were rather equal than hierarchical. Vietnam regarded the countries of Southeast Asia especially Thailand and Burma as the equal countries. China was one of the equal countries to the eyes of Vietnamese leaders and Vietnam did not have enough room to embody the quasi Chinese world order though the Vietnamese rulers used the titles of emperor, which was the Vietnamese version of Southeast Asian 'king.' In conclusion, the world order of Vietnam is summarized into the two facets of $l{\hat{a}}n$ giao(diplomatic relations with neighbors) and bang giao(diplomatic relations between two countries i.e. Vietnam and China). $l{\hat{a}}n$ giao was to the countries of Southeast Asia while the bang giao was the term and concept for the diplomatic relationship with China. These two relationships composed Vietnamese foreign relationship, ngo?i giao. Author claims that these two relations were based on the spirit of equality that emerged from the beginning of the 19th century.

• 한국중재학회지:중재연구
• /
• 제28권2호
• /
• pp.3-43
• /
• 2018

The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

• 항공우주정책ㆍ법학회지
• /
• 제1권
• /
• pp.147-162
• /
• 1989

The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.