• 한국중재학회지:중재연구
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• 제24권2호
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• pp.161-181
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• 2014

This thesis, which mainly focuses on the characteristics of the Chinese arbitration system, will mainly deal with three characteristics and analyze the causes that directly or indirectly influence them. The first characteristic is China does not recognize ad hoc arbitration. Ad hoc arbitration is the initial form of arbitration, and it occupies an important position in many countries; however, China's judicial system does not recognize it. There are many disadvantages for building a system of ad hoc arbitration in China; i. e., the arbitration system in China is undeveloped and shot-time established, and it lacks social and civil society basis, along with a credit system, which the Western ad hoc arbitration relies on. The second characteristic is the existence of excessive judicial supervision and control over arbitration in China. Judicial supervision over arbitration has been the customary practice in each country of the modern world, but sharp variation exists in the legal stipulations and the courts' attitude toward the standard to be applied in the supervision over arbitration. In China, there has always been a controversy over judicial supervision, and the standards applied in the supervision over arbitration by courts in different regions are less than identical. The last characteristic is the existence of a combination of mediation with arbitration, which is called Arb-Med in China. Such means that in the process of arbitration, the arbitrator may conduct mediation proceedings for the case it is handling if both parties agree to do so. Under the Chinese law, Arb-Med may lead to a binding and enforceable outcome. However, it has several legal disadvantages and almost no country adopts this system. China still insists that this system will go on because Arb-Med was first made in China, and its effect was proven through long-time practice in CIETAC.

• Ocean and Polar Research
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• 제37권4호
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• pp.341-356
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• 2015

A nation has a sovereign right to develop and use its natural resources according to its policies with regard to development and the relevant environment. A nation also has an obligation not to harm other countries or damage environments of neighboring countries as consequences of such actions of developments or use of natural resources. However, international precedents induce a nation to take additional actions not to cause more damages from the specific acts causing environmental damages beyond national borders, when such acts have economic and social importance. That is to say that there is a tendency to resolve such issues in a way to promote the balance between the mutual interests by allowing such actions to continue. A solution to China's Three Gorges Dam dilemma based on a soft law approach is more credible than relying on a good faith approach of national responsibilities and international legal proceedings since the construction and operation of the dam falls within the category of exercising national sovereign rights. If a large scale construction project such as the Three Gorges Dam or operation of a nuclear power plant causes or may cause environmental damage beyond the border of a nation engaged in such an undertaking, countries affected by this undertaking should jointly monitor the environmental effects in a spirit of cooperation rather than trying to stop the construction and should seek cooperative solutions of mutual understanding to establish measures to prevent further damages. If China's Three Gorges Dam construction and operation cause or contain the possibility of causing serious damages to marine environment, China cannot set aside its national responsibility to meet international obligations if China is aware of or knows about the damage that has occurred or may occur but fail to prevent, minimize, reverse or eliminate additional chances of such damages, or fails to put in place measures in order to prevent the recurrence of such damages. However, Korea must be able to prove a causal relationship between the relevant actions and resulting damages if it is to raise objections to the construction or request certain damage-prevention actions against crucial adverse effects on the marine environment out of respect for China's right to develop resources and acts of use thereof. Therefore, it is essential to cumulate continuous monitoring and evaluations information pertaining to marine environmental changes and impacts or responses of affected waters as well as acquisition of scientific baseline data with observed changes in such baseline. As China has adopted a somewhat nonchalant attitude toward taking adequate actions to protect against marine pollution risks or adverse effects caused by the construction and operation of China's Three Gorges Dam, there is a need to persuade China to adopt a more active stance and become involved in the monitoring and co-investigation of the Yellow Sea in order to protect the marine environment. Moreover, there is a need to build a regular environmental monitoring system that includes the evaluation of environmental effects beyond borders. The Espoo Convention can serve as a mechanism to ease potential conflicts of national interest in the Northeast Asian waters where political and historical sensitivities are acute. Especially, the recent diplomatic policy advanced by Korea and China can be implemented as an important example of gentle cooperation as the policy tool of choice is based on regional cooperation or cooperation between different regions.

• Journal of Forest and Environmental Science
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• 제25권3호
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• pp.139-146
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• 2009

Forest parks are regarded as one of the scientific ways to keep the forest sustainably developed, meanwhile deliver the benefits to the general public. The development of forest parks in China has experienced simply more than 20 years and both the exploitation and management institutions haven't been set up systematically, which, in reality, reflects as inadequate legislative and policy framework. Without the regulatory guidance and collaborating assistance of environment relating governmental sectors at both national and local levels, it's inevitable that the development of forest parks in the country would face constant problems and conflicts. Therefore, it might be helpful to sort out this conflicts and problems and further more to work out how to solve the barriers. The research in this report started with introducing the IUCN Protected Areas Categories, the overall current situations in China and compared the definition of forest parks in the country and that in international experience. It is to aim to find out the real usufruct rights conflicts during the exploitation and management of forest parks and the method used in this report is field visit, previous investigation, collecting secondary materials, interview, analysis and comparison. The research result in this report couldn't cover all the conflict situations during the forest parks' exploitation and management in China but will provide the analysis of this problem from the legal perspective. Practical application and concerning suggestion will be fully discussed in Part 5 in terms of legislative, social and environmental effects.

• 한국수자원학회:학술대회논문집
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• 한국수자원학회 2015년도 학술발표회
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• pp.223-223
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• 2015

This research evaluates cooperation in transboundary rivers with special reference to the Great Mekong Subregion (GMS) program in the Mekong River Basin. The benefit sharing approach has been deployed as a theoretical framework to analyze the extent to which the riparian states have achieved cooperation. The river basin governance led by the Mekong River Commission since 1995 has not adequately performed due to non-participation of upstream countries and the lack of law enforcement mechanism. Since the late 1980s, China has undertaken hydropower development unilaterally, thereby triggering discomfort from the Lower Mekong countries. The GMS program has led China to strengthening economic ties with the downstream countries through hydropower development as investors and developers. The program has also supported the establishment of economic corridors, and removal of physical barriers and has paved the way for cooperation in other sectors, such as the environment, agriculture, tourism and energy. There are challenges for further cooperation, including the development gaps between China and the downstream countries, political tensions and environment impacts of hydropower dams in the river basin. The Mekong River Basin shows the possibility of cooperation through benefit sharing. Sharing benefits accrued from the river and beyond the river between China and the downstream countries have enhanced economic ties, thereby consolidating cooperation each another.

• KSII Transactions on Internet and Information Systems (TIIS)
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• 제15권11호
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• pp.4184-4202
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• 2021

Text steganography combined with natural language generation has become increasingly popular. The existing methods usually embed secret information in the generated word by controlling the sampling in the process of text generation. A candidate pool will be constructed by greedy strategy, and only the words with high probability will be encoded, which damages the statistical law of the texts and seriously affects the security of steganography. In order to reduce the influence of the candidate pool on the statistical imperceptibility of steganography, we propose a steganography method based on a new sampling strategy. Instead of just consisting of words with high probability, we select words with relatively small difference from the actual sample of the language model to build a candidate pool, thus keeping consistency with the probability distribution of the language model. What's more, we encode the candidate words according to their probability similarity with the target word, which can further maintain the probability distribution. Experimental results show that the proposed method can outperform the state-of-the-art steganographic methods in terms of security performance.

• Strategy21
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• 통권41호
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• pp.153-173
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• 2017

On 15 December 2015, China seized an underwater drone belonging to the U.S. in the South China Sea. The underwater drone was then about to be retrieved by the Bowditch, a U.S. naval ship.Although China returned the underwater drone to the U.S. on 20 December 2016, the incident resulted in the considerable controversy involving the use of underwater drones. The reason for this is that the seizure of the underwater drone happened in the exclusive economic zone (hereafter referred to as "EEZ") of the Philippines. Part XIII of the United Nations Convention on the Law of the Sea (hereafter referred to as "UNCLOS") governs the matters of marine scientific research (hereafter referred to as "MSR"). If a State intends to use an underwater drone in the EEZ of another coastal State for the purpose of MSR, the former has to obtain the consent of the latter in accordance with relevant provisions included in Part XIII of the UNCLOS. However, it is not obvious whether the consent of a coastal State should be required to launch an underwater drone in the EEZ of the State for the purpose of hydrographic surveying or military surveying. Maritime powers such as the U.S. regard hydrographic surveying or military surveying as part of "other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation of ships, aircraft and submarine cables and pipelines" found in Article 58(1) of the UNCLOS, or part of the freedom of the high seas. This interpretation is not incompatible with the implications that the UNCLOS has. Nevertheless, Korea cannot accept this kind of interpretation that is supported by maritime powers. The freedom of hydrographic surveying or military surveying could imply that the EEZ of Korea would be full of underwater drones launched by China, Japan or even Russia. Hence, Korea should claim that the data collected for the purpose of MSR cannot be distinguished from that collected for the purpose of hydrographic surveying or military surveying. This means that hydrographic surveying or military surveying without the consent of a coastal State in the EEZ of the State should not be permitted.

• 무역상무연구
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• 제47권
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• pp.299-318
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• 2010

International trade environment is rapidly changing. Developing all economic activities included in the value chain of economy out of a particular country or region in the trends where globalization is spreading all over the world, 'a borderless world' has been created and become common throughout the world. Especially, in case of East Asian region, becoming the factory of the world, China has become a center of the world's economic activities in recent years; and the increase of regional investment among East Asian countries and trade expansion focused on China has been the factor of promoting the formulation of a regional trade network. SCM is an efficient way of adaptation to the complexity or uncertainty on the scene through the achievement of a sustainable competitive advantage by integrating the activities of improving the relationships in the supply chain. In this study, Sumitronics, a Japanese company, was studied as a case of the company who had implemented SCM effectively and efficiently utilizing the East Asian trade network. Not being engaged in the manufacturing processes in the headquarter, Sumitronics has implemented SCM which is capable of maximizing the responsiveness upon the requirements of customers by effective information sharing. In particular, the profits of the company have been maximized through SCM by its headquarter in Japan, which is capable of managing each base in East Asia as China and Southeast Asia, etc. Korean companies may also be able to create a new source of profit by dint of establishing SCM as such. The results of this case study has revealed that the implementation of an effective business model is the key of the successful implementation of SCM.

• Journal of Korea Trade
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• 제24권6호
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• pp.101-114
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• 2020

Purpose - This paper examines the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region" (the Arrangement), which became effective on October 1, 2019, calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings. Because the Hong Kong courts have granted interim measures in aid of arbitral proceedings seated in and outside of Hong Kong even prior to the Arrangement becoming effective, this paper focuses on the significance of the Arrangement making Hong Kong the first and only seat outside of mainland China from which parties to arbitral proceedings may successfully obtain interim measures to preserve of assets, properties, and/or evidence from Chinese courts to be enforced in China. Design/methodology - The significance of interim measures in international arbitration and the existing circumstances of interim measures in support of international arbitral proceedings in mainland China and Hong Kong are discussed first in this paper. Due to the confidential nature of arbitral proceedings, while the details of applications for interim measures pursuant to the Arrangement cannot be discussed, in examining the implications of the Arrangement, the relevant and necessary information was made available from the Hong Kong International Arbitration Centre, as it is one of the six qualified arbitral institutions under the Arrangement. Findings - This groundbreaking Arrangement provides a mechanism for parties with China-related matters to more effectively resolve their disputes, the opportunity for Hong Kong to become an unparalleled seat of arbitration, and for mainland China to overcome some of its negative perceptions in international arbitration. Because the Arrangement also allows parties to directly apply for interim measures from mainland Chinese courts, parties with China-related matters should take note of this potential bypassing of the procedural hurdle, which usually requires an arbitral institution to submit such applications in China, and make strategic decisions accordingly as may be appropriate. Originality/value - Because the Arrangement is a recent yet a significant agreement calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings, this study will provide useful guidance for parties with China-related matters all over the world, especially in light of China's rapid economic growth and extensive and prominent trade relationships in today's world. Parties who foresee the need for interim measures from mainland Chinese courts should designate Hong Kong as their seat of arbitration and select one of the six qualified arbitral institutions under the Arrangement to administer their arbitral proceedings in order to benefit from the Arrangement.

• 무역학회지
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• 제41권3호
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• pp.157-176
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• 2016

중국은 2014년 5월 1일부터 제3차 개정 중화인민공화국 상표법(《中华人民共和国商标法》)을 시행하고 있는바, 제3차 개정은 선사용 항변조항(제59조 제3항)을 신설하여 선사용인의 항변권을 법적으로 보호하기 시작하였다. 이에 대한 실무적 기준을 검토하기 위하여 본고는 중국최고인민법원이 공표한 금년도 10대 지식재산권판결 중 선사용 항변권이 인정된 판결을 중심으로 선사용 항변권이 인정되는 기준과 요건을 고찰한다.

• 여성건강간호학회지
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• 제30권1호
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• pp.41-55
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• 2024

Purpose: This review explored the status of publications on intimate partner violence (IPV) against pregnant women in contemporary China. Methods: The PubMed, Cochrane Library, Embase, CINAHL, and PsycInfo databases were searched using the terms "IPV," "pregnant woman," "Chinese," and synonyms in English, along with related keywords for Chinese publications. All literature pertaining to IPV during pregnancy, conducted in China, and published between 1987 and September 2023 was included. Results: A total of 37 articles from 30 studies were selected. The prevalence of IPV during pregnancy ranged from 2.5% to 31.3%, with psychological violence being the most common form. Frequently identified risk factors included unintended pregnancy, poor family economic conditions, male partners engaging in health risk behaviors, poor employment status of women or their partners, low education levels among women, physical or mental health issues, strained couple relationships, and in-law conflicts. IPV during pregnancy primarily led to mental health problems for the victims and could result in adverse obstetric outcomes, as well as negative effects on the temperament and development of the offspring. Victims in China demonstrated a low willingness to seek help from professionals. Furthermore, relevant research in mainland China is scarce, with a limited number of studies and non-standardized research methodologies. Conclusion: Future research should investigate IPV in pregnancy from various perspectives, identify factors unique to IPV during pregnancy, and focus on high-risk groups. Considering the conditions in China, there is a pressing need to increase public awareness of IPV and to investigate interventions aimed at addressing this issue.