• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.78
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• pp.1-29
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• 2018

This article demonstrates that both the Warsaw Convention Systemand the Montreal Convention are not designed for multimodal transport, let alone for "Door to Door" transport. The polemic directed against the "Door to Door" application of the Warsaw Convention systemand the Montreal Convention is predominantly driven by the text and the drafting philosophy of the said Contentions that since 1929 support unimodalism-with the rule that "the period of the carriage by air does not expend to any carriage by land, by sea or by inland waterway performed outside an airport" playing a profound role in restricting their multimodal aspirations. The drafters of the Montreal Convention were more adventurous than their predecessors with respect to the boundaries of the Montreal Convention. They amended Art. 18(3) by removing the phrase "whether in an aerodrome or on board an aircraft, or, in the case of landing outside an aerodrome, in any place whatsoever", however, they retained the first sentence of Art. 18(4). The deletion of the airport limitation fromArt. 18(3) creates its own paradox. The carrier can be held liable under the Montreal Convention for the loss or damage to cargo while it is in its charge in a warehouse outside an airport. Yet, damage or loss of the same cargo that occurs during its surface transportation to the aforementioned warehouse and vice versa is not covered by the Montreal Convention fromthe moment the cargo crosses the airport's perimeter. Surely, this result could not have been the intention of its drafters: it certainly does not make any commercial sense. I think that a better solution to the paradox is to apply the "functional interpretation" of the term"airport". This would retain the integrity of the text of the Montreal Convention, make sense of the change in the wording of Art. 18(3), and nevertheless retain the Convention's unimodal philosophy. English courts so far remain loyal to the judgment of the Court of Appeal in Quantum, which constitutes bad news for the supporters of the multimodal scope of the Montreal Convention. According the US cases, any losses occurring during Door to Door transportation under an air waybill which involves a dominant air segment are subject to the international air law conventions. Any domestic rules that might be applicable to the road segment are blatantly overlooked. Undoubtedly, the approach of the US makes commercial. But this policy decision by arguing that the intention of the drafters of the Warsaw Convention was to cover Door to Door transportation is mistaken. Any expansion to multimodal transport would require an amendment to the Montreal Convention, Arts 18 and 38, one that is not in the plans for the foreseeable future. Yet there is no doubt that air carriers and freight forwarders will continue to push hard for such expansion, especially in the USA, where courts are more accommodating.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.277-314
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• 2006

This article aims at analysing the reality of banks' liability resulting from the breach of contract on its part to keep the business secrecy with the supplier in the transferable credit, focusing on a English decision, Jackson v. Royal Bank of Scotland [2005] UKHL 3. In this case, the applicant, 'Econ', had purchased various varieties of pre-packed dog chews in bulk through 'Sam'(lst beneficiary) from 'PPLtd'(2nd beneficiary) in Thailand, using a transferable letter of credit issued by 'RBank'. 'Sam' charged a tremendous amount of mark-up on each transaction and it had not been disclosed to 'Econ', although the identity of 'PPLtd' was revealed to 'Econ' by various documents. However, 'RBank' made an unfortunate error to send an completion statement and other documents including 'PPLtd.'s invoice to 'Econ' instead of to 'Sam'. The effect of the Bank's error was to reveal to 'Econ' the substantial profit that 'Sam' was making on these transactions. CEO of 'Econ' was furious and, as a result, decided to cut 'Sam' out of its importing system and terminated their relationship. 'Sam' sued 'RBank' for damages to recover the loss of profits which could have been possibly made, if the information on the mark-up would not have been exposed to 'Econ'. The House of Lord held that 'RBank' was in breach of its duty of confidence, so 'Sam' was entitled to recover damages on a decreasing scale over 4 years, since there was no specific undertaking from the letter of credit.

• Journal of English Language & Literature
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• v.55 no.4
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• pp.567-596
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• 2009

A staple of feminist literary anthologies which was instrumental in reevaluating the writer Susan Glaspell, Trifles(1916) has received numerous comments from feminist scholars so far. Most of them tend to concentrate on the themes of female solidarity and justice challenging the androcentric system of law and order. Lacking in the plethora of thematic approaches to the play's feminist subject, however, are formal analyses considering the way in which the play's generic form assists in communicating such thematic concerns of feminism. An alternative to the typical scenario at the courtroom whose mistreatment of women must have loomed large to the young Glaspell as she revisited the old trial of a midwestern murderess which she had covered as a journalist for a local newspaper in Iowa, Trifles serves as a corrective to the courtroom dynamics offering a 'dramatic justice' as opposed to a strictly legal procedure. What this article discovers at the heart of this dramatic justice is the celebration of the unsayable, or what Wolfgang Iser termed negativity, of women's experience which has no room for reflection in the legal discourse at the courtroom tyrannized by the sayable and the evident. Examining how the dramatic form of Trifles gives a voice to the unsayable of woman's experience, which can not be properly represented at the courtroom governed by the straightforward and definitive male rhetoric, the article argues that the play is a better form than its fictional adaptation "A Jury of Her Peers"(1917) in that it syntactically suppresses the monopolizing operation of the verbal by giving precedence to the scenic and non-verbal which is constituted of setting, props, gesture and eye contacts. As a theoretical frame of reference with which to examine the modes of the unsayable in the play the article brings the concept of 'negativity,' defined by Iser as textual effects or modes of the unspeakable and unsaid, into the discussion of the taciturnity of the absent heroine and the non-verbal representation of drama.

• Journal of Navigation and Port Research
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• v.37 no.6
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• pp.689-697
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• 2013

The demurrage is regarded as a kind of the ocean freight and a remuneration of the time lost for the vessel while in port. In ordinary occasions of the voyage charter, the liability of a demurrage is usually laid on the charterers unless any exceptions are incorporated. The owners are, however, often meeting somehow difficulty to secure demurrage in the field as the liability is limited or transferred to a third party from the charterers. This paper is focused on clearing the liabilities to be held by the parties involved through the English Law cases, and what's more is rendering a proper suggestions to the owners and charterers on dealing with the ship's operation business.

• International Journal of Computer Science & Network Security
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• v.22 no.5
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• pp.163-167
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• 2022

The article explores linguo-stylistic influence markers in essayistic texts. The novelty of this investigation is provided by its perspective. Essayism is looked at as a style of thinking and writing and studied as a holistic philosophical and cultural phenomenon, as a revalent form of comprehension of reality that features non-lasting author's judgements and enhancement of the author's voice in the text. Based on the texts by V. Rosanov, G.K. Chesterton, and D. Dontsov, the remarkable English, Russian, and Ukrainian essay-writers of the first party of the 20th century, the article tracks the typical ontological-and-existentialist correlation at the content, stylistic, and semantic levels. It is observed in terms of the ideas presented in the texts of these publicists and the lexicostylistic markers of the influence on the reader that enable these ideas to implement. The explored poetic syntax, key lexemes, dialogueness, intonational melodics, specific language, free associations, aphoristic nature, verbalization of emotions and feeling in the psycholinguistic form of their expression, stress, heroic elevation, metaphors and evaluative linguistic units in the ontological-and-existentialist aspects contribute to extremely delicate and demanding nature of the essayistic style. They create a "lacework" of unpredictable properties, intellectual illumination, unexpected similarity, metaphorical freshness, sudden discoveries, unmotivated unities.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.141-163
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• 2012

In Korea, although nearly all maritime arbitration cases are dealt with by the Korean Commercial Arbitration Board (KCAB), the total number of cases that are referred to the KCAB is relatively small compared with the total number of maritime cases that occur in Korea. There may be reasons why maritime arbitration is not utilized more in Korea. However, of the above reasons, the superseding one may be that there is still a lack of confidence in the credibility and foreseeability of maritime arbitration in Korea. To expand the use of maritime arbitration in Korea, it is essential that the base surrounding maritime arbitration be expanded. In addition, it is also necessary that specialists receivetraining in maritime law. In this context, it is strongly recommended that maritime and admiralty law be taught in law schools and be included as a regular subject on the Korean bar exam. Additionally, to promote maritime arbitration, a rule should be introduced allowing for shortened arbitration proceedings in Korea. Although Chapter 8 of the KCAB Arbitration Rules provide for "Expedited Procedure," this process alone is not because the rules for Expedited Procedure generally apply in arbitration cases where both parties have agreed in a separate agreement to follow the procedures provided or in any domestic arbitration valued atless than 100,000,000 Korean won. Therefore, the KCAB Arbitration Rules for Expedited Procedure must be reformed to encompass international arbitrations. Additionally, experts who are experienced in the maritime sector should be elected as arbitrators. Given the factthat a fair number of arbitration cases can be characterized as international, it is important that businesspersons who are very fluent in English be appointed as arbitrators in order to increase the reliability of maritime arbitration in Korea and save costs. Meanwhile, because lawyers and scholars constitute a considerable portion of KCAB arbitrators, commercial persons from relevant industries should be enlisted as arbitrators. Even though there are arguments for the establishment of an independent maritime arbitration board in Korea, establishment of a separate maritime arbitration board will not directly guarantee the prosperity of maritime arbitration in Korea. Instead of instituting a new maritime arbitration board, it is better that a reorganized KCAB modify existing arbitration proceedings to make them faster and more economical if maritime arbitration is to prosper. In this regard, ad-hoc arbitration would be an option for speedy and thrifty maritime arbitration. Finally, to gain the confidence of domestic and foreign parties, we cannot ignore the importance of advertising the specialties and qualifications of the KCAB and its personnel among business entities.

• English & American cultural studies
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• v.9 no.1
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• pp.273-295
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• 2009

As Oedipa Mass, the heroine of Thomas Pynchon's The Crying of Lot 49, is apparently associated with Oedipus, the hero in Sophocles' tragedy, this paper aims to show some of their similarities in quest theme and plot development as well as in the use of dramatic irony. Oedipus the King opens with a priest's pleas to relieve the Theban people from a plague and the king's promise to rid its cause by avenging the murder of the former king, as told by the oracle. Lot 49 begins as a Los Angeles law firm informs Oedipa that she is named as the executrix in her former lover Inverarity's will to sort out the mogul's estate. Ironically, however, Oedipus' investigation reveals himself to be the very cause of the national disaster, the murderer for whom he searched. Likewise, Oedipa starts her inquiry dedicating herself to make sense out of what Inverarity had left behind, only to find that the legacy was America. Sophocles and Pynchon both employ dramatic irony to provide a controlling principle for plot development in their works. In Oedipus the King, Sophocles creates mounting tension as well as distance between the reader's knowledge and the protagonist's ignorance, compressing the play's action into the moment that Oedipus discovers his real identity. For dramatic irony, however, Pynchon tends to work through authorial comments and utilize allegorical meanings of the characters' names, directing his novel at illuminating Oedipa's discovery of Inverarity's legacy as well as the meaning of Tristero, an underground postal service system. Unlike Oedipus the King that proceeds on a single line of action, Lot 49 develops in esoteric, multi-layered allusions and intricately-interrelated double strains involving Oedipa's roles as executrix and quester. At the end of Sophocles' tragedy, Oedipus stabs his eyes and decides to live in exile, realizing that, blinded, he begot his children through his mother; Oedipa comes to a painful realization that she allowed her former lover to create death-orienting America without her diversity and moral system in old times. As Oedipa now discovers herself through her search for Tristero, her tragic spirit lies in her determination to confront her binary choices between two Americas: transcendence or entropy, the Tristero possibility or Inverarity's America. Ultimately, Oedipa tries to find who will be the bidder for the Tristero forged stamps designated as lot 49, awaiting the auctioneer's cry and the "crying" of a new-born America.

• Journal of Navigation and Port Research
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• v.38 no.6
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• pp.607-614
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• 2014

This article aims to explore and discuss research trends in global cruise industry using keyword network analysis. We visualize keyword networks in each of four groups of 1982-1999, 2000-2004, 2005-2009, 2010-2014 based on the top 20 keyword nodes' degree centrality and betweenness centrality which are selected among four centrality measurements, comparing them with frequency order. The article shows that keyword frequency collected from 240 articles published in international journals is subject to Zipf's law and nodes degree distribution also exhibits power law. We try to find out research trends in global cruise industry to change some important keywords diachronically, visualizing several networks focusing on the top two keywords, cruise and tourism, belonging to all the four year groups, with high degree and betweenness centrality values. Interestingly enough, a new node, China, connecting the top most keywords, appears in the most recent period of 2010-2014 when China has emerged as one of the rapid development countries in global cruise industry. Therefore keyword network analysis used in this article will be useful to understand research trends in global cruise industry because of increase and decrease of numbers of network types in different year groups and the visual connection between important nodes in giant components.

• Journal of Korean Library and Information Science Society
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• v.52 no.3
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• pp.1-20
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• 2021

This study is the most important component in establishing the court library as the best legal library in Korea responsible for professional legal services. A perception survey was conducted on the target. As a result, first, looking at the collection direction based on the needs of general users, in the case of collection types, preference in the order of books, electronic materials, and non-books should be considered. It seems to be necessary to plan a collection development policy reflecting the high preference for books. In addition, in the non-books section, the preference for non-book materials in the form of video rather than audio is much higher, and in the case of language, domestic books should be collected mainly. Second, looking at the collection direction based on the needs of experts, the satisfaction of experts is generally low, so it seems that a collection development policy should be established to improve this. As for the type of information source, preference was shown in the order of electronic materials, books, and non-books. There is a need. The future collection direction should be based on the preference shown in the order of procedural law, specialized field, basic substantive law, and legal series. Also, when collecting the same book, electronic form of legal data should be considered rather than printed. In addition, it is necessary to collect collections mainly from domestic books, and then, it is expected that the scope of collection should be expanded to prioritize English and American books, Japanese books, and German books.

• The Southeast Asian review
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• v.21 no.1
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• pp.1-48
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• 2011

This study examines the perception and its meaning of child education and mother]s role for children of Korean mothers for their children to study abroad in Malaysia. For this purpose, data was collected through in-depth interviews with seven mothers and one grandmother. All participants were lived in Malaysia for at least 6 months above. As a result, the most of recommenders of studying in Malaysia were fathers. And the purposes of studying in Malaysia were the improvement of their children's English learning skills and abilities, and not-good academic achievement in Korea. They made a decision for their children to study in Malaysia in that it was good to study in Malaysia for early 'spec' management for their children. But in the case of Korean mothers, they had a diverse desires internally. For example, they had a desire to escape from the relationships with mother-in law or complicated social relations of their family, kin, and neighbors in Korea. In Malaysia, Koran mothers carried out their roles of children's time management, information network management and 'distinction' strategies to their friends and neighbors for their children to study well and up their achievements' levels. Lately, they had planning to develop for their children's long term life design and their choices of universities in Korea, with special reference to the various connections of school-ties and religion-ties in Malaysia.