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The 2019 Hong Kong-Mainland China Arrangement on Mutual Assistance in Court-ordered Interim Measures: A Major Breakthrough for Hong Kong-seated International Arbitral Proceedings

  • Jun, Jung Won
    • Journal of Korea Trade
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    • v.24 no.6
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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.

Exploring Countries Eligible for Official Development Assistance Towards Global Forest Conservation Focusing on Green ODA Criteria (Green ODA 요건에 따른 산림 분야 공적개발원조 대상국 탐색)

  • Jang, Eun-Kyung;Choi, Gayoung;Moon, Jooyeon;Jeon, Chulhyun;Choi, Eunho;Choi, Hyung-Soon
    • Journal of Korean Society of Forest Science
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    • v.111 no.2
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    • pp.330-344
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    • 2022
  • While deforestation and forest degradation has continued globally, global society has been making efforts to prevent deforestation towards sustainable development. Reforestation in developing countries is linked to Sustainable Development Goals (SDGs) such as climate change mitigation, conservation of biodiversity, eradication of poverty and upholding of human rights. Forest official development assistance (ODA) restores the global forest land, and increases the public benefit. Bilateral forest ODA projects of the Republic of Korea have gradually increased and most of those projects have currently been concentrated in Asian countries. Selecting recipient countries for forest ODA requires more comprehensive approach since the global goals for sustainable development has been widely adapted to ODA strategic plans. We proposed potentially promising countries that are eligible for receiving 'Green ODA' in perspective of economic, social and environment to implement reducing emissions from deforestation and degradation (REDD+), conserving biodiversity, and combating desertification. As a result, the study suggests that forestry cooperation could be expanded from Asian countries more toward South America and African countries. In addition, we emphasized the need to promote convergence and integration with green technology to fundamentally solve the negative impacts of deforestation such as food, energy, water resource shortages, and forest fires. We advocated expanding bilateral ODA in the forestry sector through diversification of project activities, financial sources, and participants. Our study can contribute to the provision of basic information for establishing long-term strategies to expand bilateral cooperation in the forestry sector.

A Study on the Optimal Site Selection by Constraint Mapping and Park Optimization for Offshore Wind Farm in the Southwest Coastal Area (서남해 연안 해상풍력 발전단지 지리적 적합지 선정 및 최적배치에 관한 연구)

  • Jung-Ho, Kim;Geon-Hwa, Ryu;Hong-Chul, Son;Young-Gon, Kim;Chae-Joo, Moon
    • The Journal of the Korea institute of electronic communication sciences
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    • v.17 no.6
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    • pp.1145-1156
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    • 2022
  • In order to effectively secure site suitability for the development of large-scale offshore wind farms, it is essential to minimize the environmental impact of development and analyze the conflicts of benefit between social, ecological, and economic core values. In addition, a preliminary review of site adequacy must be preceded in order not to collide with other used areas in the marine spatial plan. In addition, it is necessary to conduct local meteorological characteristics analysis including wind resources near Jeollanam-do area before project feasibility study. Therefore, wind resource analysis was performed using the observation data of the meteorological mast installed in Wangdeungnyeo near Anmado, Yeonggwang, and the optimal site was selected after excluding geographical constraints related to the location of the offshore wind farm. In addition, the annual energy production was calculated by deriving the optimal wind farm arrangement results suitable for the local wind resources characteristics based on WindSim SW, and it is intended to be used as basic research data for site discovery and selection of suitable sites for future offshore wind farm projects.

An Analysis for the Effect of ESP/gas Lift Hybrid System on Oil Productivity (전기공저펌프/가스리프트 혼합시스템이 오일 생산성에 미치는 영향 분석)

  • Lee, Hyesoo;Iranzi, Joseph;Wang, Jihoon;Son, Hanam
    • Journal of the Korean Institute of Gas
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    • v.26 no.5
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    • pp.1-9
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    • 2022
  • Selection of a suitable artificial lift is important in terms of efficient operation and economics for oil production. In general, process of well design includes the selection of artificial lift, but the oil recovery could be enhanced by use of hybrid system combined with two types of artificial lift method according to reservoir condition for oil production. Electric submersible pump (ESP), as a presentative artificial lift method, is a manner for supplying the pressure in the lower part of oil well by using of a multi-stage centrifugal pump with an electric energy. However, there is a disadvantage that has a limit to the application period because of mechanical defection on ESP. Accordingly, it is possible to reduce the shutdown time of production well by applying the ESP/Gas lift hybrid system, which is to switch to a gas lift when an ESP is defective. This study describes the effect of ESP/gas lift hybrid system compared with ESP method for a onshore horizontal well locating in the of Permian basin, USA. As a result of study, ESP/gas lift hybrid system could make more effective productivity than ESP method. Also, we quantitatively predicted how much economic benefit would be obtained when the hybrid system was applied in the production well.

Comparing Methods for Determining Flood Protection Elevation in Urban Built-up Areas (도시지역 방어침수위 설정방법 비교분석)

  • Lee, Yang Jae;Shin, Sang Young;Lee, Chang Hee
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.28 no.3B
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    • pp.271-281
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    • 2008
  • To determine the flood protection elevation (FPE) in urban built-up areas, this study examines four possible methods: using the highest flood elevation in the past, extending base flood elevations of nearby watercourse to inland, and two simulation methods of inland flood under the same rainfall used in the watercourse planning nearby. According to the case study of the Jang-An Drainage Area, Seoul, the highest flood elevation in the past and simulation results of inland flood under the same rainfall in the watercourse planning nearby tend to get similar results, while extending base flood elevations of nearby watercourse to inland shows much higher elevations than other results. Meanwhile, cost-benefit analysis, when regulating residential/commercial uses below the FPE by each of four methods, suggest that planners need to consider carefully the economic feasibility of FPE used to choose appropriate methods.

The comparative study of determinants of family policy expenditure : focused on OECD 14 countries (복지국가의 아동·가족 복지 지출 결정요인에 대한 비교연구: OECD 국가를 중심으로)

  • Ryu, Yunkyu;Baek, Seungho
    • Korean Journal of Social Welfare Studies
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    • v.41 no.1
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    • pp.145-173
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    • 2010
  • The purpose of this study is to verify that several theories explaining the determinants of welfare expenditure is applied to the family policy expenditure and to find out if there' re unique determinants of the family policy expenditure. We analyzed the data (OECD 14 countries for 1980~2005) by pooled time series analysis. As for industrialization theory, female labor force participation rate has positive effect on family policy expenditure while population under 15-year children has negative effect, which refers to the demand of family policies is that of female workers, not children's. Power resource theory is applied to the determinants of family policy expenditure as those of welfare expenditure. Women's political & economic empowerment has partly positive effects on family policy expenditure, which is the evidence of the effectiveness of feminist theory. In the institutional theory, we verified the effect of policy legacy but couldn't find out the crowding-out effect. The theoretical implication of this study is the empirical verification of the theories explaining the determinants of welfare expenditure being applied to the family policy expenditure. We also suggested the political and institutional foundation to effectively respond to the new social risks in spite of budget constraints, which can be a policy implication.

Pilot Evaluation for the Introduction of Ecosystem Accounting for Flood Control (홍수조절 생태계 계정 도입을 위한 전국 단위 시범 평가)

  • Tae-Ho Lee;Hee-Jin Moon;Gumsung Cheon;Jung-In Kim
    • Journal of Environmental Impact Assessment
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    • v.32 no.6
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    • pp.488-502
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    • 2023
  • Ecosystem service accounting must measure ecosystem supply functions, demand, and the actual service flows that occur between them. In order to measure flows, supply and demand relationships must be defined, and a methodology that can objectify complex connections is needed. Although various studies on ecosystem services have been conducted in Korea, but researches on accounting for ecosystem services are not enough. The purpose of this study is to evaluate flood control ecosystem services by applying the EU methodology studied in the Experimental Ecosystem Account (EEA) of System of Environmental Economy Account (SEEA) and explore ways to introduce ecosystem account. To conduct the study, the ecosystem's runoff retention potential, social and economic demand for flood control, and actual service benefit flows formed from the relationships between them were modeled and quantified on a spatial basis. As a result of calculating the actual flow of flood control ecosystem services, the total domestic service amount was calculated to be 165,595 (ha), and it was confirmed that much of it was concentrated in agricultural land. In order to account for domestic flood control services in the future, key spatial data such as land cover maps must be continuously established and managed, and researches on input data and methodologies applicable to various spatial scopes such as national, regional, and unit watersheds are expected to be necessary.

Economic Effects Analysis of Self-Produced Forages for Dairy Cows and Hanwoo (자가 생산 풀사료 사양의 경제적 효과분석)

  • In Ho Choi;Jae Seong Choi;Ji Yung Kim;Kyung Il Sung;Byong Wan Kim
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.44 no.1
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    • pp.40-49
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    • 2024
  • This study divided the area capable of producing domestic forage into grazing pasture, hay production area, and silage crop area, calculated the required area according to the forage production volume, and examined whether self-sufficiency in forage leads to cost savings. When the self-sufficiency rate of forage for dairy cows and Hanwoo is 80%, the improvement in profitability per heaf ranges from 3% to 9%, typically around 5%, which is considered a significant benefit for both corporate and individual businesses. The average profit per ranch is expected to increase about KRW 50 million per year, and the country as a whole is expected to reduce forage costs by KRW 0.9 trillion per year. Recently, efforts are being made by the government and local authorities to cultivate summer forage at the rice fields for improving self-sufficiency in forage feed to stabilize rice supply and demand. Furthermore, it is also necessary to conduct research on reducing the cost of concentrated feed and TMR (Total mixed ration).

A Study of Establishing the Plan of Lodging for the Workers of Gaesung Industrial Complex (개성공단 근로자 기숙사 건립 계획 연구)

  • Choi, Sang-Hee;Kim, Doo-Hwan;Kim, Sang-Yeon;Choi, Eun-Hee
    • Land and Housing Review
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    • v.6 no.2
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    • pp.67-77
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    • 2015
  • Now that it is the current situation that the smooth supply and demand are necessary for 2nd phase of beginning construction and stable development of Gaesung Industrial Complex, this study was willing to offer the planning criteria and model to establish the lodging for the workers in Gaesung Industrial Complex based on the agreement that both South and North Korea agreed in 2007. Regarding the plan, its standard and the alternative were reviewed considering welfare of workers, economic efficiency, technical validity, possibility of agreement and long-term development. The exclusive area per capita was calculated through Labor Standards Act of Korea and status survey of lodging for the workers provided to border line area between China and North Korea and the economic alternative based on one room for 6 persons with the public restroom was compared with that of development type based on one room for 4 persons with indoor restroom. Especially regarding the proposed site, the area with the optimized position was set by considering gradient, accessibility and convenience of development out of the area of Dongchang-ri where was agreed already and the priority of the proposed site that can keep the existing building site and provide was offered. The necessary period for whole construction was set as approximately 36 months. Regarding construction method, RC Rahmen method was selected as the optimized alternative considering the workmanship of manpower of North Korea and conditions of supply and demand of materials and cluster-type vehicle allocation plan based on 4~6 units considering the efficiency of supplying service facilities and convenient facilities along the simultaneous accommodation of 15,000 people was offered. It was analyzed that total business expenses of approximately 80~100 billion Korean Won would required though there were the difference for each alternative in the charged rental way that the development business owner develops by lending the inter-Korea Cooperation Fund and withdraws the rent by the benefit principle. The possibility of withdrawing the rent was analyzed assuming that the period of withdrawing the investment is 30 years. Especially for the operation management after moving, the establishment of the committee of operating the lodging for the workers of Gaesung Industrial Complex (tentative name) was offered with the dualized governance that the constructor takes charge of operational management, collecting fees and management of infrastructure and human resource management is delegated to North Korea.

Analysis on Tax Benefits of Tax Lease Scheme for Ships (선박 조세 리스제도의 세제혜택효과 분석)

  • Cho, Kyu-Yeol;Lee, Ki-Hwan
    • Journal of Korea Port Economic Association
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    • v.36 no.2
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    • pp.63-86
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    • 2020
  • The tax lease scheme for ships is an advanced ship financing tool that generates tax benefits through accelerated depreciation of capital allowances and transferring them to the ship operator (leasee) via reductions in rental payments. The scheme was introduced by Japan in 1978 and by France in 1998 to support their shipping and shipbuilding industries. The size of tax benefits varies by country depending on the depreciation rate for ships, corporate tax rate, and the tax system on profits from the sale of ship. This study uses a virtual model of the Korean tax lease scheme for ships based on the French tax lease scheme. The size of tax benefits is calculated and compared to those in the French and Japanese tax lease schemes. According to the analysis, the size of the tax benefit was approximately 19% for France, 14% for Japan, and 12% for Korea. This is differentiated by the country's depreciation rate and corporate tax rate, which have the greatest impact on the size of tax benefits. For the Korean virtual model, if the tax benefits are distributed by the operator and the investor at the rate of 75:25, the operator is expected to enjoy tax benefits equivalent to about 9% of the ship price and the investor to enjoy 3%. Despite limited information and data regarding the tax lease scheme for ships, this study was the first attempt in Korea to design a virtual model of the Korean tax lease scheme based on some predictable assumptions. Therefore, a group of shipping, financing, and legal experts will follow up on more professional and practical reviews of the model in the near future. Hence, this study will serve as a small contribution to the early introduction of the Korean tax lease scheme for ships.