• Title/Summary/Keyword: Clauses

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A Comparative Study on the Institute Time Clauses-Hulls 1995, American Institute Hulls Clauses 1977 and Japanese Hull Standard Clauses, 1990 (영국.미국.일본선박보험약관의 비교연구 -오염손해, 보험사고 발생의 통지의무, 신구교환차익공제 및 중복보험에 관한 규정을 중심으로-)

  • Hong, Sung-Hwa;Kim, Ki-Ung
    • Journal of Navigation and Port Research
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    • v.26 no.1
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    • pp.66-77
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    • 2002
  • Generally hull insurance is undertaken by mean of a contract of hull insurance. A contract of hul1 insurance here is a contract whereby the insurer undertakes to indemnify the assured against the loss and damage to the vessel mused by maritime perils. A contract of hull insurance is consists of printed main insurance clauses and a clause includes many sub-clauses. Now the Institute Time Clauses-Hulls (hereunder refer to as "English hull insurance clauses"made by the Institute of London Underwriters is much used as the standard from or basic from by many countries ail over the world Now Korean insurance companies hue not made our their own hull insurance clauses, they have just adopted the made-out English hull insurance clauses and the english law and practice to solve the problem related to marine insurance. On the other hand, the United States of America and Japan have made out their own hull insurance clauses based on English hull insurance clauses and used the clauses for many years. Now American is using American Institute Hull Clauses(hereunder refer to as "American hul1 insurance clauses"as its own clauses which was made out by American Institute of Marine Underwriters in 1977 and Japan is also wing its own clauses named Japanese Hull Standard Clauses(hereunder refer to as "Japanese hull clauses") which was made out by japanese Hull Insurance Association in 1990. Therefore the purpose of this study is not only to make a comparative study on English hull insurance clauses 1995, American hull insurance clauses 1977 and Japanese hull clauses l990, but also to supply on some legal materials necessary for Korea to establish and perform our own hull insurance clauses.

The Word is not Enough - Arbitration, Choice of Forum and Choice of Law Clauses Under the CISG

  • Schwenzer, Ingeborg;Tebel, David
    • Journal of Arbitration Studies
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    • v.23 no.3
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    • pp.1-23
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    • 2013
  • Form requirements particularly for arbitration clauses are widely perceived as an obstacle for efficiently resolving disputes on an international level. The paper discusses the recent suggestion that the freedom of form principle under Art. 11 CISG extended to arbitration, forum selection, or choice of law clauses in international sales contracts and thus superseded any and all formal requirements in this regard. After analysing national and international form requirements with regard to said clauses, the authors elaborate that while dispute clauses are indeed encompassed by the CISG's scope of application, freedom of form under the CISG was neither intended to nor should it apply to dispute clauses. This result is further confirmed by the interplay of the CISG with other international conventions, first and foremost the 1958 New York Convention, as well as a careful analysis of the so called most-favourable-law-approach.

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Information Structure of Relative Clauses in English: a Flexible and Computationally Tractable Model

  • Song, Sanghoun
    • Language and Information
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    • v.18 no.2
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    • pp.1-29
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    • 2014
  • Relativization is one of the common syntactic operations to merge two different clauses into a single information unit. This operation plays a pivotal role to structuralize multiple clauses cohesively as well as serves to specify the property an individual has within the context. That implies that relativization contributes to information structure of multiclausal sentences. In this context, this paper delves into information structure of relative clauses in English with an eye toward creation of a computational model from a standpoint of machine translation. The current work employs Head-driven Phrase Structure Grammar (HPSG, Pollard and Sag (1994)) as a theory of grammar and Minimal Recursion Semantics (MRS, Copestake et al. (2005) as a meaning representation system. Building upon these formalisms, this paper addresses how information structure of relative clauses can be represented and constrained. The current work makes use of Individual CONStraints (ICONS) for modeling relative clauses with respect to information structure. The current work also investigates which relative clause involves which information structure constraint. The present study argues that non-restrictive relative clauses impose a more specific constraint on information structure than restrictive relative clauses.

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A Study on the Laytime and Demurrage Clauses (LD Clauses) in Contracts for the International Sale of Goods (국제물품매매계약에서 정박기간과 체선료조항(LD Clauses)에 관한 연구 - 영국관습법을 중심으로 -)

  • CHOI, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.85-105
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    • 2016
  • The fact that one of the parties to the sale contract has had to pay demurrage to the shipowner under LD clauses in the charterparty does not of itself mean that he can recover that loss from his sale counter party under the sale contract: the route to such recovery is through express clauses in the sale contract itself. LD clauses in a sale contract stand free and independent of their counterparts in the relevant charterparty. LD clauses in a sale contract should be construed and applied as clauses in sale contracts, not as adjuncts to charterparties. Their interpretation should therefore be coloured not by decisions on laytime and demurrage in charterparties, but by their relationship to the contractual duties of CIF and FOB sellers and buyers. The results discussed here have implications for the drafting of LD clauses in sale contracts. If unwelcome surprises are to be avoided, it seems to advisable to start from the principle: what exactly do traders want or need in LD clauses. They need a clause which covers them against charterparty losses where those losses are the result of dealy caused by the counterparty to the sale contract. The parties to the sale contracts are well advised to prepare LD clauses concentrating on that purpose and bearing in mind the followiing questions. First, should the loading and discharge code in the sale contract appear in traders' or trade associations' standard terms and conditions or should they be left to ad hoc negotiation in contract sheets? Second, should that code be as complete as possible, covering loading or discharge periods or rates, demurrage and despatch, or is it enough for only some of those matters to be covered explicitly, leaving other matters to be governed" as per charterparty"? Third, does the introduction or incorporation of a stipulation for the giving of a notice of readiness make the start of laytime more or less predictable as between seller and buyer? Finally should a loading and discharge code in a sale contract actully be called a "laytime and demmurrage clauses"?

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The correlation between learners' psychological and social factors and syntactic complexity of L2 Korean speaking (한국어 학습자의 심리적, 사회적 요인과 구어 통사 복합도 간의 상관관계)

  • Kim, Youngjoo;Baik, Juno;Lee, Sunjin;Oh, Jinhee;Jung, Hyewon
    • Journal of Korean language education
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    • v.28 no.2
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    • pp.1-36
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    • 2017
  • This study investigated the correlation between learners' psychological and social factors and their syntactic complexity of speaking. The study collected samples of Korean spoken production of 61 learners with English, Chinese, Japanese and other L1 backgrounds and applied mini-TOPIK, mini-AMTB, and SASIQ for 70 minutes. The study found that: (i) integrative motivation showed positive correlation with a number of simple complex clauses, but instrumental motivation correlated negatively with a number of adverbial clauses, indicating that high motivation hindered producing highly complex clauses although it triggered producing simple complex clauses, (ii) social contact with L2 native speakers showed positive correlation with general L2 development and a number of simple complex clauses, but revealed negative correlation with double or triple complex clauses, (iii) hours of L2 listening showed very strong positive correlation with producing triple complex clauses and general proficiency, but indicated negative correlation with a number of simple complex clauses. The study reported that high motivation toward Korean learning and active social activities with Korean native speakers helped produce simple complex clauses while hours of listening to Korean helped produce triple complex clauses.

Linguistic Description and Theory

  • Nakajima, Heizo
    • Korean Journal of English Language and Linguistics
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    • v.1 no.3
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    • pp.349-368
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    • 2001
  • We have brought up several distinct types of English clausal constructions, and have been lead to the descriptive generalization in (14),repeated here as (33): (33) Reduced clauses cannot occur in non-complement positions. The generalization in (33) refers to two theory-internal notions, reduced clauses and non-complement positions. Both notions are concerned with the composition of syntactic structures to be defined by X-bar theory. Without these theoretical notions, it would be difficult to describe in a general form the fact that certain types of complement clauses-namely, null-that clauses, if-clauses, Acc-ing gerund, ECM complement clauses, and Raising complement clauses-cannot occur in particular syntactic positions. Instead, one would have to describe this fact for each clause type, in such a way that null-that clauses cannot occur in such and such positions, and if-clauses cannot occur in such and such positions, and Acc-ing gerund cannot occur in such and such positions, and so on, although the positions in which they cannot occur are totally the same. Given the terminology of X-bar theory, however, it has turned out that these types of complement clauses are all reduced clauses, and the positions where they cannot occur are all non-complement positions. Then, the generalization has obtained that reduced clauses cannot occur in non-complement positions. It is a theoretical issue, and differs depending upon theories, how to explain why such a descriptive generalization holds at all. Hopefully, the demonstration here provides a piece of evidence showing that a theory or a particular theoretical nation plays an important role in the description of linguistic facts. Moreover, I have made a crucial prediction on the basis of the well-accepted theoretical assumption the ECM complement clauses and Raising complement clauses are reduced clauses; namely, the prediction that these types of clauses cannot occur in non-complement position. The prediction based upon the theoretical assumption is actually borne out, as illustrated earlier. The illustration of the prediction, I hope, shows that a theory or a particular theoretical assumption, coupled with another theoretical assumption, allows us to make some interesting predictions. Predictions serve to widen a range of linguistic facts to be described. A theory plays a crucial part in finding out interesting facts as well as in describing them in some general forms. Finally, let me state a few words as to the recent generative theory in connection with linguistic description. The recent generative theory is getting more and more abstract. I think it is moving toward a good direction as cognitive science. It will contribute, among others, to the inquiry into what is knowledge that is very specific to language faculty, and into how it interacts with other cognitive faculties. However, I am suspicious about how much the abstract generative theory will contribute to the description of linguistic facts in a particular language. While generative theory is claimed to aim both for descriptive adequacy and for explanatory adequacy, the recent generative theory is likely to put much more weight on explanatory adequacy. In my view, a less abstract theory is enough, or even more useful, for the purpose of linguistic description. Of course, how abstract theory one should adopt as a framework differs depending upon what aspect of language one attempts to describe. What I would like to emphasize here is that linguistic theory does not conflicts with linguistic description, and a linguistic theory with an appropriate degree of abstractness serves as a tool for finding out new interesting facts, as well as for describing them in some general, elegant forms.

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A Study of Relative Clauses in Korean Used by Korean Learners (한국어 학습자들의 관계절 사용 양상 연구)

  • Jo, Su Hyun
    • Cross-Cultural Studies
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    • v.19
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    • pp.359-388
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    • 2010
  • This study is aimed to investigate the aspect of using relative clauses in Korean. The data used for this study were extracted from the Korean text books for the foreign students and from the Chinese students' Korean compositions. They are the learners of Korean language at the early intermediated stage. As the result of analyzing them, the followings were found I)the majority of relative clauses in Korean consists of left-branching sentences. ii)The number of the subject relative clauses was higher than object ones in both of them. Especially in the aspect of using relative clauses, subject ones were used even more frequently than objective ones. This result is corresponded to the previous thesis, "the subject relative clauses was acquired earlier than object ones". iii)The relative clauses that those with a head noun function as subject in the main sentence showed in higher proportion in comparison of those as object. That is, this study showed that subjects were used more frequently than objects in the relative clauses used in their compositions. Finally, this study analyzed the errors of adnominal ending usage occurring in their compositions. More errors occurred when adjective form ended with '-hada' are changed into adnominal ending one.

A Study of Syntactic Properties and Acquisition of Head-Internal Relative Clauses in Korean (한국어 내포 머리어 관계절의 통사적 특성과 습득 연구)

  • 조수근
    • Korean Journal of Cognitive Science
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    • v.14 no.2
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    • pp.49-56
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    • 2003
  • In this article, we investigate some structural properties of head-internal relative clauses in Korean and their development in Korean-speaking children. In this study, we found head-internal relative clauses in Korean has a more limited domain than head-external relative clauses with respect to positions that can be relativized and clause boundaries that the head can move across: in head-internal relative clauses, only a subject or an object can be relativized and doubly embedded clause constitutes a barrier to the movement of the head. We also found that head-internal relative clauses are easier to understand and produce than head-external relative clauses. In addition, we found that head-internal relative clauses emerge earlier than head-external relative clauses in the acquisition of relative clauses in Korean. The preference of young children (aged 4 and 5) for head-internal relative clauses over head-external relative clauses suggests that children like to use head-internal relative clauses at an early developmental stage when they have difficulty in using head-external relative clauses.

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Edge Tones of English Conditional Clauses and an Intonational Contribution to Discourse Interpretation (영어 조건절의 경계억양과 담화해석에서 영어 억양의 역할)

  • Lee, Joo-Kyeong;Kong, Eun-Jong;Kim, Kee-Ho
    • Speech Sciences
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    • v.8 no.2
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    • pp.149-163
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    • 2001
  • This paper investigates the manner in which various. syntactic structures with a single meaning implement a consistent intonational pattern by examining English conditional clauses. In the phonetic experiment, we explore the edge tones in three different syntactic clauses which are semantically interpreted as a single conditional meaning (an if-clause, a clause with no if. and a clause with no if but followed by and) and compare them with the edge tone realized in a clause which is not interpreted as a conditional meaning. We also investigate the tonal differences resulting from the semantic difference between conditional and non-conditional meanings. That is, the conditional clauses expressed in three different syntactic structures show a consistent intonational pattern in their clausefinal boundaries; a rising contour (H- or H%) is realized at the edge of the intermediate phrases (ip) or intonational phrases (IP) in 89% of the if-clauses, 72% of the clauses with no if, and 79% of the clauses with no if but followed by and. On the other hand, 82% of the non-conditional clauses have a falling contour (L- or L-L%) in their final edge. Statistically, Chi-Square tests show that these percentages are all significantly higher, which suggests that a conditional meaning implements a consistent intonational pattern though it is expressed through different syntactic structures. Therefore, the result supports Bolinger's (1989) claim that intonation makes an important contribution to discourse interpretation.

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A Study on the Interpretation of the Insurer's Liability of Indemnity under the Hull Insurance Clauses of the People's Insurance Company of China (중국선박보험약관에 있어서 보험자의 보상책임에 관한 고찰)

  • 홍성화;마염추
    • Journal of the Korean Institute of Navigation
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    • v.25 no.4
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    • pp.487-512
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    • 2001
  • In 1986, the People's Insurance Company of China(hereinafter called PICC) Hull Insurance Clauses, which were amended on the basis of the version 1972, were put into effect. Since PICC is the biggest state-owned insurance company in China, its hull insurance clauses have been used nationwide. In the clauses are included the following contents: scope of cover, exclusions, period of insurance, automatical termination of insurance, duty of assured, claim and indemnity, treatment of disputes and so on. However, this study is only limited to the legal interpretation of the most important clauses relating to indemnity of the insurer. The writers attempt to supply some basic materials necessary for the establishment and enforcement of the Korean hull insurance clauses.

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