• Title/Summary/Keyword: Chinese Legislation

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The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act (북한의 외국인투자법과 대외경제중재법의 적용범위)

  • Jon, Woo-jung
    • Journal of Arbitration Studies
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    • v.30 no.2
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    • pp.91-120
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    • 2020
  • The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).

Consideration on coexistence strategy of GM with non-GM, environmentally friend crops in South Korea (GM과 non-GM, 친환경작물의 공존을 위한 제도 보완의 필요성)

  • Lee, Shin-Woo
    • Journal of Plant Biotechnology
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    • v.35 no.4
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    • pp.245-256
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    • 2008
  • The current legislation in South Korea clearly states that the tolerance threshold on the adventitious presence of GMO in environment-friendly agricultural products is 3.0% and no GM seed should be detected in their planting seed batches. To date, in Korea, there is no approved GM crop for commercial cultivation in field. However, several GM crops including rice, Chinese cabbage, potato and wild turf grass are currently under risk assessment for their environmental release. Also Korean government (Rural Development Administration, RDA) announced that 11 institutes including universities have been currently certified to carry out a risk assessment of GM crops. Meanwhile, the cultivated area and certified quantities of environment-friendly crops (organic, pesticide-free and low-pesticide) are sharply increasing every year according to the report of National Agricultural Products Quality Management Service (NAQS). In detail, in 2007, the certified quantities of environment-friendly agricultural products were elevated up to 100-fold for organic, 171-fold for pesticide-free and 2,324-fold for low-pesticide crops when compared with those in 1999. The total certified quantity of environment-friendly cereal crops in 2007 was equivalent to 6.4% of total production of cereal crops. Moreover, 24% of total production of root and tuber crops such as potato and sweet potato were certified for environment-friendly agricultural products. In these circumstances, I strongly suggest that current legislations on GM crop's safety management should be revised to include strategies for the coexistence of GM with non-GM crops, especially environment-friendly crops before GM crop is approved to be cultivated for commercialization. Since all types of crops are grown in an open environment, the adventitious presence of GM crops among non-GM crops is inevitable if appropriate measures for coexistence are not established for species by species such as isolation distance, workable management measures to minimize admixture.

COATED PARTICLE FUEL FOR HIGH TEMPERATURE GAS COOLED REACTORS

  • Verfondern, Karl;Nabielek, Heinz;Kendall, James M.
    • Nuclear Engineering and Technology
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    • v.39 no.5
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    • pp.603-616
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    • 2007
  • Roy Huddle, having invented the coated particle in Harwell 1957, stated in the early 1970s that we know now everything about particles and coatings and should be going over to deal with other problems. This was on the occasion of the Dragon fuel performance information meeting London 1973: How wrong a genius be! It took until 1978 that really good particles were made in Germany, then during the Japanese HTTR production in the 1990s and finally the Chinese 2000-2001 campaign for HTR-10. Here, we present a review of history and present status. Today, good fuel is measured by different standards from the seventies: where $9*10^{-4}$ initial free heavy metal fraction was typical for early AVR carbide fuel and $3*10^{-4}$ initial free heavy metal fraction was acceptable for oxide fuel in THTR, we insist on values more than an order of magnitude below this value today. Half a percent of particle failure at the end-of-irradiation, another ancient standard, is not even acceptable today, even for the most severe accidents. While legislation and licensing has not changed, one of the reasons we insist on these improvements is the preference for passive systems rather than active controls of earlier times. After renewed HTGR interest, we are reporting about the start of new or reactivated coated particle work in several parts of the world, considering the aspects of designs/ traditional and new materials, manufacturing technologies/ quality control quality assurance, irradiation and accident performance, modeling and performance predictions, and fuel cycle aspects and spent fuel treatment. In very general terms, the coated particle should be strong, reliable, retentive, and affordable. These properties have to be quantified and will be eventually optimized for a specific application system. Results obtained so far indicate that the same particle can be used for steam cycle applications with $700-750^{\circ}C$ helium coolant gas exit, for gas turbine applications at $850-900^{\circ}C$ and for process heat/hydrogen generation applications with $950^{\circ}C$ outlet temperatures. There is a clear set of standards for modem high quality fuel in terms of low levels of heavy metal contamination, manufacture-induced particle defects during fuel body and fuel element making, irradiation/accident induced particle failures and limits on fission product release from intact particles. While gas-cooled reactor design is still open-ended with blocks for the prismatic and spherical fuel elements for the pebble-bed design, there is near worldwide agreement on high quality fuel: a $500{\mu}m$ diameter $UO_2$ kernel of 10% enrichment is surrounded by a $100{\mu}m$ thick sacrificial buffer layer to be followed by a dense inner pyrocarbon layer, a high quality silicon carbide layer of $35{\mu}m$ thickness and theoretical density and another outer pyrocarbon layer. Good performance has been demonstrated both under operational and under accident conditions, i.e. to 10% FIMA and maximum $1600^{\circ}C$ afterwards. And it is the wide-ranging demonstration experience that makes this particle superior. Recommendations are made for further work: 1. Generation of data for presently manufactured materials, e.g. SiC strength and strength distribution, PyC creep and shrinkage and many more material data sets. 2. Renewed start of irradiation and accident testing of modem coated particle fuel. 3. Analysis of existing and newly created data with a view to demonstrate satisfactory performance at burnups beyond 10% FIMA and complete fission product retention even in accidents that go beyond $1600^{\circ}C$ for a short period of time. This work should proceed at both national and international level.

Confucians Funeral Rituals during the mid-Joseon Dynasty Lee Mun Geon'Mourning beside His Mother's Grave (이문건 시묘살이를 통해 본 조선중기 유자(儒者)의 상례(喪禮) 고찰)

  • Cho, Eun-suk
    • Journal of Korean Classical Literature and Education
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    • no.33
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    • pp.153-184
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    • 2016
  • This study investigates the funeral rituals practiced by the Joseon Dynasty as recorded about Lee Mun Geon (1494~1567, a.k.a Mukjae), who mourned by the grave of his deceased mother, Ms. Shin (1463~1535), a woman whose family's origin was Goryeon. The study focuse on the rituals performed by Lee after his mother's death, his participation in the funeral, and his mourning specifically as an individual who has lost his parent. Reviewing Lee's mourning life beside the grave, the contents of diary belonging to a nobleman in the middle of Joseon Dynasty were studied aimsing to find out the meaning of rituals, the overall recognition accorded to death, and the filial duties that were carried out by the noblemen of the time. Although noblemen in the middle of Joseon Dynasty ceaselessly attempted to change the observance of funeral rituals through legislation, it was difficult to change the mindset of the people, who fllowed the deep-rooted traditions of long history. It must be acknowledged that the Joseon Dynasty had a different cultural background than that of China. There was a fundamental problem when they tried to adapt The Family Rituals of Zhu Xi, followed by the Chinese, to the Joseon society. Although The Family Rituals of Zhu Xi emphasized ancestral rites focusing on enshrining mortuary tablets and the importance of establishing the family shrine hundred times, noblemen in the mid-Joseon Dynasty period cared for their parents in the grave by mourning for them than by following such practice. The solemn memorial service held in front of the grave, and the annual ritual service on the death anniversary were far more important to the noblemen in the mid-Joseon Dynasty. Amid such contradictions, the noblemen accepted and performed the mourning rituals beside the grave of their parent. Human beings across the ages have always dwelt upon thoughts of the afterlife. Most people believe that they attain a state after the death of their physicalbody. If humans did not have such thoughts, they would not be bothered if death occurs on being hit by a car on the street. Thus, human beings often think of the ritual services related to death, although in different forms. Therefore, mourning by the grave of their parent held great significance among the noblemen of the Joseon Dynasty as a sign of their filial piety.

A Study on the Institutional Conditions and Problems for the Transition of North Korean Economic System (북한 경제체제전환을 위한 제도적 조건과 문제점에 관한 연구)

  • Kang, Chae-Yeon;Kwak, In-ok
    • International Area Studies Review
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    • v.22 no.2
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    • pp.163-186
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    • 2018
  • The purpose of this study is to analyze the institutional conditions and problems for the transition to the North Korean economic system. As a research method, we first analyzed the legislative processes of 4th stage market reform policies (liberalization, privatization, privatization, and corporation) by major economic transition countries. And we found out the difference with North Korea. Based on this, it analyzed the process of institutionalization of North Korea's 4th stage economic reform policies (7.1 measures, comprehensive market policies, Currency reform, 6.28 policy). According to research, There are three important conditions that can not compare the changes of the North Korean market economy with those of the transition economies. First, the internal and external conditions and environment for the transition of the economic system and the role of the state and civil society are very different. Second, the means and objectives of the policy decision process and the implementation process are different. Third, it differs absolutely in terms of the nature and effectiveness of the nation's political and economic policies. Fourth, the priority, contents, and legislation process of economic policies for economic reform differ considerably from those of North Korea. Especially, when discussing the possibility of transition to the 'Chinese model', it is accompanied a considerable risk. It is because the purpose of market entry of control power in North Korea and their survival network are quite unique. In addition, China's domestic market size, population size, and type of control are quite different from North Korea. A necessary and sufficient condition for the transition of the North Korean economic system is the relaxation of physical control mechanisms and institutions in the market area. Next, it is necessary to make a legitimate institutionalization as well as an entire survey on the illegal ownership market. Based on this, it is necessary to gradually change the dependence of the domestic market on China to South Korea. In other words, this is a paradigm shift in the semi-controlled power exclusion, post-automation and domestic market.