• Title/Summary/Keyword: Choice of Law

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Active feedback control for cable vibrations

  • Ubertini, Filippo
    • Smart Structures and Systems
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    • v.4 no.4
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    • pp.407-428
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    • 2008
  • The nonlinear mechanics of cable vibration is caught either by analytical or numerical models. Nevertheless, the choice of the most appropriate method, in consideration of the problem under study, is not straightforward. A feedback control policy might even enhance the complexity of the system. Thus, in order to design a suitable controller, different approaches are here adopted. Devices mounted transversely to the cable in the two directions, close to one of its ends, supply the feedback control action based on the observation of the response in a few points. The low order terms of the control law are, at first, analyzed in the framework of linear models. Explicit analytic solutions are derived for this purpose. The effectiveness of high order terms in the control law is then explored by means of a finite element model(FEM), which accounts for high order harmonics. A suitably dimensional analytical Galerkin model is finally derived, to investigate the effectiveness of the proposed control strategy, when applied to a physical model.

A Study on the Validity of the Selective Arbitration Clause on Construction Arbitration (건설중재에 있어서 선택적중재합의의 유효성에 관한 연구)

  • Suh, Jeong-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.25
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    • pp.165-187
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    • 2005
  • Arbitration is a creature of contract. The parties agree that selective dispute resolution clause provides them with a choice to litigate or arbitrate certain disputes. Under the agreements, the parties had the option in the action. In the event any dispute arises between the parties concerning our representation or payment of our fees and disbursements which cannot be promptly resolved to our mutual satisfaction, you agree that dispute will be submitted to arbitration. Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. The selective arbitration agreement has become an accepted method of dispute resolution. However, the trend of dispute settlement has changed. The selective arbitrations clauses are to be construed as broadly as possible, and arbitration will be compelled unless it may be said with positive assurance that arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

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A Study on the Security related Obligations of Contracting Party under the Incoterms(R) 2010 Rules (Incoterms(R) 2010상 수출입 당사자의 보안관련 의무에 관한 연구)

  • Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.45-80
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    • 2012
  • Since the 9.11 terror attack, the event which caused supply chain disruption, supply chain security has become more important than ever before. With this as a momentum, a customs supply chain security paradigm emerged intended to guarantee secure flow of cargo across boarder. Under this circumstances Incoterms(R) 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistances in obtaining security clearances. Thus, security related obligations such as providing advance manifest information is the mandatory requirements for any export and import. The impact on the seller and buyer of security related obligations under the Incoterms(R) 2010 rules environment is obvious. Assistance to provide the security information in advance has become indispensable obligations to the seller and buyer. As such assistances is at the cost and risk of the party responsible for the clearances of the goods, the choice of recognised partner and compliance with the relevant security program, in order to enjoy the relevant benefits, becomes paramount.

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The Choice between Shared vs. Full Ownership : The Case of Korean Multinational Corporations (한국 다국적기업의 해외진출에 대한 지분선택 : 현지합작 대비 단독투자)

  • Park, Young-Kyu;Park, Young-Ryeol
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.24
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    • pp.107-125
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    • 2004
  • This study is based on the survey data of 74 Korean multinational corporations, which undertook foreign direct investments from 1980 to 1996. The study examined the firm-specific as well as the host country-specific factors affecting the decision between shared and full ownership. According to the results of this study, as for the firm-specific factors, Korean firms entering foreign markets in order to penetrate local markets prefer shared ownership while those pursuing core business diversification prefer full ownership. As for the host country factors, the more advanced the host country(such as OECD countries) is, the more preference is given to full ownership.

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A Comparative Study on UCP 500 and ISP98 as the Governing Law for Standby Letters of Credit (스탠드바이 신용장(信用狀)의 준거법(準據法)으로서의 UCP 500과 ISP98의 비교연구(比較硏究))

  • Park, Seok-Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.295-315
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    • 2003
  • Since the end of World War II, the standby letters of credit have been used as a surety device, serving as a performance bond and guarantee in the world. UCP has been used a governing rule for standby letters of credit transactions in international commercial transactions. But the UCP may be sufficient for certain simple standbys, it is not fully applicable nor appropriate for standbys - as is recognized in UCP 500 Article 1. On the other hand, the International Standby Practices(ISP98) provide rules of practice drafted specifically for standby letters of credit intended as an alternative to UCP 500. It became effective on January 1, 1999. In addition to restating general rules applicable to all independent undertakings with greater precision than does UCP 500, thereby reducing the possibility of litigation, it addresses issues that commonly arise in standby practice not addressed in UCP 500. UCP 500 is valid and still applies to standby letter of credit "to the extent to which they may be applicable." Since ISP98 and UCP 500 coexist and may be applicable to standby letters of credit by incorporation, applicants, beneficiaries and issuers have a choice. This study will assist all interested parties in establishing the right rules for the right product, for the right standby letters of credit.

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Target Observability Analysis of Time-to-go Polynomial Guidance Law (Time-to-go 다항식 유도 법칙의 표적 가관측성 분석)

  • Lee, Chang-Hun;Kim, Tae-Hun;Tahk, Min-Jea
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.38 no.7
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    • pp.664-672
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    • 2010
  • This paper provides the target observability analysis of time-to-go polynomial guidance law with bearing-only measurement. In this study, a direct approach is used to analyze the target observability. Since the observability condition of a constant-velocity target is given by the function of LOS angle only, the target observability characteristic is determined by substituting the closed form solution of LOS angle to the observability condition directly. The analysis results show that the target observability is depended on the choice of guidance gain, initial intercept condition and guidance command shape. After that this mathematical analysis result is evaluated and demonstrated by number of simulation.

The Study on Legal Analysis of the Abortion Regulations and National Survey (낙태죄 허용한계에 관한 규범해석과 사회인식도)

  • Lee, In-Young
    • The Korean Society of Law and Medicine
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    • v.8 no.2
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    • pp.205-290
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    • 2007
  • In Korea, abortion in the Criminal Law is an illegal act in exception of limited cases stated in the Mother and the Child Health Law. There are grounds on which abortion may be carried out - though the grounds are very limited and related such as emergency situation of woman's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations to reform the existing regulations and increase the effectiveness of the regulations. A national survey was carried out using telephone interview with Korean citizens from August 1th to August 31th in 2005. A total of 1,025 citizens (male: female = 49.2%:50.8%) were randomly sampled in proportion to the number of population of 17 regions. The major findings of this survey were as follows. First, 91.4% of the respondents approved of abortion based on the medical grounds. Second 83.3% of the respondents perceived that abortion may be carried out based on ethical grounds for example rape. Third, 74.3% were agreed to abortion based on genetic diseases. Forth, 64.7% were approved the abortion that unmarried woman may be carried out. In contrast 45.0% were approved the abortion that girls may be carried out, whereas 46.4% were perceived that the abortion may not be permitted. Fifth, 58.3% were disagreed the permission of abortion based on social and economic grounds. According to the survey Korean citizens seem to have positive perception on the abortion that may be carried out based on medical, ethical and genetic grounds. Whereas they worried about the abortion based on social and economic grounds. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds. In cases of when the mother has a impossibility to breed her child because of her social situations and financial conditions, we should accepted the legal acceptance of abortion due to social and economic grounds.

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Factors that Affect the choice of the Utilization of Sanhujoriwon among the Postpartal Women (산모들의 산후조리원 이용에 영향을 미치는 요인)

  • Kim, Joo-Hyung;Song, Ju-Eun;Yoo, Jae-Eun;Lee, Yu-Mi;Han, Mi-Kyung;Kim, So-Yeun;Hong, Gi-Sun;Lee, Yoon-Jung;Oh, Jin
    • Women's Health Nursing
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    • v.7 no.1
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    • pp.56-66
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    • 2001
  • This study examines the factors that are associated with the choice of the Sanhujoriwon utilization among the Korean postpartal women. Data were collected from 140 postpartal women in 9 hospitals around Seoul. Data were analyzed based on descriptive statistics and chi-square test. The results were as follows: 1. Forty percent of the respondents chose to go to a Sanhujoriwon while they were in a hospital after having given birth to a child. 2. The number of persons who could help a respondent beside her husband showed a statistically significant association with the choice of the Sanhujoriwon utilization. In addition, burden from multiple roles expected after the birth was positively associated with the choice of the Sanhujoriwon utilization. Recommendations by husbands or friends to use the Sanhujoriwon also increased the proportion of the choice of the Sanhujoriwon utilization. 3. Knowledge about the Sanhujoriwon appeared to be an important factor. Having heard about the Sanhujoriwon, an appropriateness of the price, and a positive image of the Sanhujoriwon were positively associated with the choice of the Sanhujoriwon utilization. It was expected that the degree of depressive symptoms and confidence of raising a newborn baby would affect the Sanhujoriwon utilization. This was not the case in this study. Intimacy developed between the postpartal women, their husbands and their relatives as well as parents in-law did not show a statistically significant relationship to the choice of the utilization. Implication of these findings and major findings of this study were discussed.

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A Probe into the Laws Applicable to Foreign Religious Actions and the Actions of Foreign Religious Legal Persons : Observations Regarding Establishment and Initial Development in Taiwan (外國宗教(法人)在臺行為之準據法適用初探: 以設立與起始發展為研究核心)

  • Tsai, Peifen
    • Journal of the Daesoon Academy of Sciences
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    • v.34
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    • pp.203-238
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    • 2020
  • This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.

A Study on Consideration factors for Selection of Institution, When Arbitration Clause Inserted in International Commercial Contracts (국제상사계약(國際商事契約)에서 중재조항(仲裁條項) 삽입시 중재기관 선택에 따른 고려사항)

  • Oh, Won-Suk;Jeong, Hee-Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.55
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    • pp.63-93
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    • 2012
  • The purpose of this paper is to examine the consideration factors, from both parties' perspective, to select the most appropriate arbitral institution when they inset an arbitration clause in their contract. Accordingly, the author analyzed the advantages of institutional arbitration compared to non-institutional arbitration. The typical advantages of institutional arbitration would include: $\bullet$ Benefits of using an established set of rules $\bullet$ Services provided by the institution $\bullet$ Low risks of obstruction $\bullet$ Enhancement of the possibilities of enforcement $\bullet$ Forecast of the estimated cost $\bullet$ Specially useful for existing disputes Next, this author examined the consideration factors when selecting the institution in respect of the following factors: $\bullet$ Institution's arbitration rules $\bullet$ Institution's rule regarding the appointment of arbitrators $\bullet$ Ability of administrators of each institution $\bullet$ Reputation of the arbitral institution and the likability of enforceability of its award $\bullet$ Cost $\bullet$ Choice of the arbitral institution in relation to the choice of place of arbitration Finally, this author reviewed Model Arbitration Clause of major international or local Institutions, including ICC, AAA, LCIA, KCAB, CIETAC, ICSID and WIPO. Further examination was given to the selection of the numbers of the arbitral tribunal, the seat of arbitration and the language of arbitration, according to the designated articles in each institution's arbitration rules.

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