• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.145-166
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• 2012

This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.

• The Journal of Industrial Distribution & Business
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• v.9 no.12
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• pp.55-61
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• 2018

Purpose - It suggests that making a policy and strategies for a way of Dubai has a strong priority strategy on science and technology by using much oil dollars to prepare risk when oil dollar's decrease. This has been now investigated how the leading innovator has changed the periphery countries. Research design, data, and methodology - Analyze policy, status, what other neighbouring Middle East countries also want to benchmark a successful case of a leading Dubai strategy. Higher manpower is needed absolutely to develop S&T. and etc. Dubai and Arab countries establish university to nurture as well as invite the talented manpower from overseas to recover deficient manpower. Dubai built totally academy city and invited branch of the overseas famous university, and Saudi Arabia built university(KAUST) and invite faculty and support good scholarship for students. Abrab countries especially, This is studied the process of differentiating and integrating the migrant workers of these cities into the globalized cities. This has resulted in large-scale employment for foreign and local companies in these cities and the spread of science and innovation. Results - Dubai supports venture or SMEs by using a strong priority strategy and attracts foreigner's investor, with which the neighbouring countries have been preparing together for 4th wave. It demonstrates that the gravitational model has been activated from neighboring countries of innovation science to create Dubai's hub. The maturity of long-term urban innovation is related to innovation capability through the national response and review. As a result, the flow of skilled international migration has been localized because of the mutual intersection with the local employment structure, and the development has spread as it spreads to neighboring countries. Conclusion - For the exploiting of new Distribution market in the neighbouring countries, Middle East countries' a strong priority strategy on S&T and education system give an influence on economic situation of the 4th wave in the world and world order of leading by USA, Japan, or EU, and etc. This is due to the creation of clusters in the form of SEZs, friendly industrial policies and world-class infrastructure and innovation development. Its neighbours benchmark the cases of distribution of science innovation and centralizes the surrounding people.

• Management & Information Systems Review
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• v.37 no.1
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• pp.55-74
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• 2018

China joined the WTO in 2001, and the Chinese market are growing at a rapid pace in the M&A Market. This Research is an Empirical analysis of China's leadership that subdivides leadership style and is an study on the effects of globalization on leadership and job satisfaction in the globalization as moderation variable. The significance of this study is to Refer to the direction of Chinese investments. This paper places emphasis on the change in Chinese organizational culture as a result of globalization and explores the influence of leadership on job satisfaction and turnover intention by using data from MBA students data of Wuhan City, 178 observations. And all of the data were analyzed using both the multiple regression analysis and the moderated regression analysis as well. Results of the empirical test are suggested as follow. First, transactional, transformational and servant leadership have a positive influence on job satisfaction. But it can't find the significant relationship between leadership and turnover intention. Second, there has a significant result that globalization on leadership is partially via the influence of job satisfaction. The result of the moderated regression analysis through the globalization as moderation variable is that globalization strengthens a positive influence on between transformational, emotional leadership and job satisfaction. On the other hand, In the case of this hypothesis that globalization will have mediating effect in the pathway between leadership and turnover intention, I expect that globalization strengthens a negative influence on turnover intention as dependent variable. But The result of the moderated regression analysis through the globalization as moderation variable is that globalization strengthens a positive influence on transactional, transformational, emotional and servant leadership.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.79-102
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• 2009

L/C transaction, the most important issue for the seller and the buyer is the theory of documentary transaction and the theory of strict compliance which are the principles of L/C transactions. According to the leading cases in England and America where the practice of L/C transactions was created and developed, the descriptions of the commodities specified on all the documents which are submitted based on an L/C, should be identical to the descriptions of commodities specified in the L/C. And further, many leading cases of L/C continuously repeat to emphasize strict compliance. However, the recent leading cases in and out of the country show that the principle of strict compliance is being weakened. The leading cases in America show two trends of weakening the principle of strict compliance. That is, on the contrary to strict compliance, tends to apply substantial compliance (which puts more value on the substance of the documents). These leading cases reflect the attitudes of the judicial and the legislative authorization that don't want to approve formal approach to the commercial law. Recently, the Supreme Court of Korea is giving a decision on the principle of strict compliance, "The documents attached to an L/C should strictly comply with the conditions in the L/C, but it doesn't mean that they should be perfectly identical without any mistake in words. In case the bank can understand through reasonable care that a small mistake in words is too trivial to give different meaning or to give damage to the conditions of the L/C, the documents are regarded to comply with the conditions of the L/C. However, the judgment should be based on whether the difference between the documents and the L/C can be admitted by the international standard bank transaction practice or not." This decision tells that the principle of strict compliance is quite much modified so application of this modification can't be ignored. However, from the viewpoint of the party who requests to open an L/C, there is a criticism that a bank's arbitrary judgement can be involved. Therefore, reviewing the original purpose of L/C transactions (activating international transactions), the principle of strict compliance may be thought old-fashioned because it emphasizes a form, but in reality, for prompt transaction and payment, the principle of strict compliance should be observed in L/C transactions. And further, if a legislative device is prepared to systematically compensate for several side-effects, the principle of strict compliance will improve dynamic flow of prompt and low-costly L/C transactions. On the other hand, it will be able to protect the interested parties.

• Information Systems Review
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• v.16 no.3
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• pp.25-47
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• 2014

IT project is a knowledge-based project with high uncertainty in role assignment and task allocationamong team members. This study empirically investigate steam members' interactive behavior in IT projects based on the framework of social interdependence theory. The goal and task interdependencebetween team members were posited as antecedents of project performance with communication effectiveness and knowledge sharing as mediating variables. To test the research model, a dataset was collected form IT and business professional pairs of 123 IT project teams. The results indicated that the theory of social interdependence is applicable to explaining the promotive interaction in IT project teams. In detail, task interdependence appears to have influence on both promotive interactions (communication effectiveness and knowledge sharing), and goal interdependence influences only on communication effectiveness. Knowledge sharing is found to be a significant mediator between social interdependence and project performance. However, communication effectiveness only indirectly influences project performance via knowledge sharing. Academic and practical implications are discussed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• Management & Information Systems Review
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• v.7
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• pp.401-426
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• 2001

The form of company divides private and coporate companies. In general. private company has direct connection with owner's fortunes. On the contrary, cooperate company is established by a group of people who invest capital funds on their company and has an independent character. In the case of private company, their are many merits that owner can obtain all the benefits without divisions. However, the owner can mix up the control of accounting between public and private matters. As a result confusing, it is difficult to estimate financial situation of company and is limited to fund supply. Futhermore, owner has unlimited liabilities with law credit as a social cognition. Especially, the government tries to induce conversion of private company into cooperation one on the basis of benefits of tax and so on. In those situations, the purpose of this thesis is to study the management benefits with the conversion of private company into cooperate one focucing on the related tax reduction effect. To do this, I have reviewed all of the related textual achievements and tested the real significancy of tax reduction effect of conversion empirically. Finally, I have concluded that the conversion of private company into coporate one has many benefits including significant tax reduction effect. In other side, I have considered and reviewed many difficulties related conversion privated company into cooperate one and suggested some improvements as results. This thesis is comprises 5 chapters as follows; The first chapter explains purposes and methodologies and extents of this study. The second chapter deals the theoretical basis of conversion of private company into cooperate one and cooperates diverse benefits and types and processes of conversion. The preceding research achievements are also reviewed in this chapter. The third chapter deals empirical testing on the real tax reduction effect of the conversion. The analysis is proceeded through t-test of difference of tax between pre and after conversion. The result is presented so positively that I can conclude that cooperate conversion of private company has real benefit of tax reduction. The forth chapter deals the difficulties and improvements related with conversion. They are considered and reviewed at various aspects such as practical, financial and tax aspect. In fifth chapter, I summarise all of the significant points of this study and have conclusions in various aspects at last. In final point, this study is not enough in sample numbers and sample collecting area for empirical testing of significant tax reduction effect of cooperate conversion and research of more foreign achievements. Those are remained as continuing future studies.

• Journal of Korean Society of Transportation
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• v.19 no.1
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• pp.29-52
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• 2001

The purpose of this paper is to pursue a case study of urban land use and transportation linkage policies based on a British city of Cardiff, Wales. To this end, the paper combines a review and synthesis of available land use and transportation planning sources, and a series of interviews with planners and a extensive survey of planning policy documents to assess the effectiveness of policy instruments in the city context. Considerable emphasis is placed on the analysis of the British land use and transportation planning in terms of the Policy guidance notes 11, 12 and 13 as well as the local transport policy guidance. The paper highlights the fact that the Cardiff unitary development plan and the local transport plan form a policy framework of integrating land use and transportation planning process, employing travel demand management schemes and implementing the various strategy components on the overall aim of achieving and maintaining a sustainable city.

• International Area Studies Review
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• v.20 no.1
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• pp.277-295
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• 2016

It is undoubtedly true that national security in Korean peninsula is on the road to destabilization. The main factors are known to be North Korea's development and experiment on nuclear arms, especially the forth nuclear experiment on January 6th, ICBM launch February 7th, and encroachment upon the territory the NLL on the 8th along with the shutdown on Gaeseong Industrial Complex. Also, China's trouble with other nations over sovereignty over islands in the South China Sea and the fact that Japan's government is veering to the right side and having territorial dispute are making the case worse. Nations in Northeast Asia are striving to obtain the interest for the sake of their own country. In order to do so, they're walking the path to achieve national security. Until then, they are not so willing to participate foreign matters or economical race. Even in our perspective, these issues are many of the main problems which our country is currently facing. However, it is important for them to avoid making policies which may take away the citizen's happiness. The number one priority for the nation or any form of a group is to act in the best interest for the national security and the citizen's happiness. They are the main factors why a nation could exist. They are the symbols of a nation's sovereign authority. Countries outside are proving it by increasing their national defense budget even in this unprecedented economical crisis. If we are willing to stay the same as ever, the disparity in the military force will not be the same in the future. In conclusion, the study examines the problem which changes in Northeast Asia's defense environment could bring and the appropriate amount of national defense budget in order to support the nation's integration of its abilities to move toward South and North Korea's unification.

• The Journal of the Korea Contents Association
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• v.19 no.9
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• pp.535-549
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• 2019

The purpose of this study was to examine what kind of images were presented on movie stars in the newspaper. For the purpose, we classified the time period according to the movie industry and media trend, selected representative stars by period, and collected 798 related articles reported in newspapers. As a result of analyzing the reporting trend, domestic and foreign topics, news format, and gender difference in collected movie star articles, it was found that the image of movie stars reproduced in newspaper articles had mostly neutral images that do not represent specific gender. Since the 2000s, news coverage was changed to reproduce various images rather than being fixed to particular images, and the subject of report became more diversified through comparison of domestic and foreign topics. In addition, articles in the form of book review decreased and the interview-type articles increased in number, and in the case of male movie stars, the proportion of articles based on works was high in comparison to female movie stars. This study has significance in that it explored the changes in the process of reproducing star images diachronically from the initial stage of stars to the modern times. And it is hoped that this study will serve as basic data for the follow-up studies on the process of reproducing various images in the multi-media era.