• Journal of Arbitration Studies
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• v.23 no.4
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• pp.97-122
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• 2013

Vietnam has become an attractive destination for foreign investors, but confidence in the country's legal system to resolve commercial disputes remains low. Reasons include the lack of an independent judiciary, the lack of published court decisions, and a tendency to criminalize civil disputes, among others. As such, arbitration has become a preferred alternative to litigation. On June 17, 2010, the National Assembly of Vietnam passed a new act on commercial arbitration replacing the July 1, 2003 ordinance on commercial arbitration. The new act will take effect on January 1, 2011, and it is widely expected by the Vietnamese legal profession and lawmakers will create a favorable legal framework for the expansion of the arbitration service market in Vietnam. The new act is inspired by the UNCITRAL Model Arbitration Law of 1985 as are most new arbitration laws throughout the world. As opposed to the 2003 ordinance, the 2010 Act allows parties to request interim relief from the arbitrators. Also the new act eliminates the mandate that arbitrators be Vietnamese. The law has addressed the ordinance's shortcomings and reflects international standards. Commercial arbitration law is an important milestone in the improvement process of the laws on commercial arbitration in Vietnam. However, it is still too soon to affirm anything definitely because there remain many obstacles to the activation of arbitration. Rule of law and business cultural factors are important. The leading arbitral institution, VIAC, which is attached to the Vietnam Chamber of Commerce and Industry, is expected to play an important role for boosting the competitiveness of Vietnamese arbitration as an avenue to dispute settlement.

• Strategy21
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• s.44
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• pp.103-141
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• 2018

As the South China Sea maritime dispute illustrates, when considering the place where maritime claims occur, states do not have many choices to respond to maritime claims in which disputed areas are located far away from the land and are surrounded by the sea. As Mearsheimer (2014) points out, the sea stops power projection. Therefore, in order to adopt coercive as well as peaceful settlement policies to deal with maritime claims, states need to overcome obstacles (the sea) to project power. It means that if states want to conduct a specific foreign policy action, such as negotiating maritime borderlines or arguing sovereignty on islands, they need a tool (naval power) to coerce or to persuade the opponent. However, there are lack of research that studies maritime claims from the perspective of naval power. This research project fills this gap based on naval power. How do relative levels of naval power and (dis) parities of naval power influence the occurrence of MIDs over maritime claims? Naval power is a constitutive element during maritime claims. If disputants over maritime claims have required naval power to project their capability, it means that they have the capability to apply various ways, such as aggressive options including MIDs, to accomplish their goals. So, I argue that when two claimants have enough naval power to project their capabilities, the likelihood of MIDs over maritime claims increases. Given that one or both states have a certain level of naval power, how does relative naval power between two claimants influence the management of maritime claims? Based on the power transition theory, I argue that when the disparities of relative naval power between claimants becomes distinctive, militarized conflicts surrounding maritime territory are less probable. Based on the ICOW project which codes maritime claims from 1900 to 2001, the empirical results of the Poisson models show if both claimants have projectable naval power, the occurrence of MIDs over maritime claims increases. In addition, the result shows that when disputants maintain similar relative naval powers, they are more likely to initiate MIDs over maritime claims. To put it differently, if naval capabilities' gap between two claimants becomes larger, the probability of the occurrence of MIDs decreases.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• International Area Studies Review
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• v.15 no.2
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• pp.25-47
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• 2011

The paper will investigate the chances of progress in the peace process in Middle East. Robert Hazo's 1993 article mainly argued the Palestinians and Syrian problems. He saw that these two problems are one of the key issue that current Middle East problem which involves Israel. The key tenants of his argument will be dissected to assess whether this view holds true in the light of developments in the Middle East in the intervening years. The Arab-Israeli struggle remains one of the most intractable in history. In 1993 Robert Hazo concluded that 'the conflict is a terminal struggle'. This paper investigates his analysis in light of progress or lack of in the intervening period and against the contemporary strategic environment. It uses information presented in academic, government, newspaper and world wide web articles to conclude that Hazo's assessment remains valid. While the various talks since 1993 combined with the potential benefits the United States, Israel and Syria could gain from a settlement proffer hope, the issue of 'right of return, borders and Jerusalem are unlikely to be bridged in the near future.

• Convergence Security Journal
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• v.19 no.2
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• pp.147-156
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• 2019

The purpose of this study is provide appropriate arms control measures between South and North Koreas by comparing and analyzing the former proposals and agreements in the past and the current Moon Government's approach representing the 9.19 military agreement. For this, I established the most appropriate framework for analysis through comparing and analyzing the arms control theories. The policies of the past governments and of the current Moon Jae-in government are analyzed. The most highlighted characteristic was that the arms control policies were projected by not from the military confidence, but political confidence building measures or both concurrently. In conclusion, I suggested the strategies of projecting confidence building measures and arms control or disarmament in the process of projecting the peace settlement. Nonetheless, the most important point is that the policies of arms control and unification should be pushed ahead complementally.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.22 no.1
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• pp.221-230
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• 2021

In this study, a firm's internationalization level was measured as the ratio of foreign sales to total sales (FSTS) of individual firms. A demonstration was conducted with several control variables that affect the persistence of the firm's profits using the Sloan (1996) model as a proxy for its primary relationship between net profit and the next profit. An empirical analysis of the end-December settlement firms listed on the securities market from 2011 to 2016 was conducted using a fixed-effect model to confirm that the persistence of the firm's internationalization and accounting profits was positive at the 1% significant level, indicating that the persistence of the firm's profits also increased as the level of individual firm's internationalization increased. In addition, the firm size, financial soundness, cash accompanying, growth, and investment ability, consistent with forecasts, represented a statistically significant (+) relationship with globalization. These results suggest that firms can maintain and expand their value stably by securing new overseas markets and promoting growth by implementing internationalization strategies.

• Journal of the Korea institute for structural maintenance and inspection
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• v.24 no.6
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• pp.197-205
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• 2020

In 2014, The Housing Act amended to allows vertical extension and increases the units of housing (or total floor area) to site. Currently, the feasibility of performing vertical extension is evaluated based on safety diagnosis provisions and manuals with 1st investigation stage on slope, uneven settlement, load-bearing capacity, and durability. However, a need for more reasonable evaluation criteria for the investigation is still required because there had not been any other case study on the diagnosis for the vertical extension, and the engineering basis on evaluation criteria were not suggested. Accordingly, this study is intended to suggest feasible evaluation criteria on the carbonation, chloride ion contents, corrosion of reinforcements, crack and surface deterioration of concrete for durability assessment by codes and standards of domestic and foreign countries. The results of this study are expected to be beneficial for establishing more reasonable durability evaluation criteria, and in turn, more reliable assessment protocol for vertical extension.

• Journal of Korean Society of Rural Planning
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• v.27 no.1
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• pp.9-20
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• 2021

In order to develop practical indicator that can diagnose the regional conditions and characteristics of fishing villages, this study reviewed domestic and foreign researches and selected the diagnostic indicator of fishing villages by spatial unit. The major categories are divided into population and society, economic conditions, and living conditions. The middle categories consists of population, household, industry, tourism, settlement, environment, safety, health and welfare, education, and culture and leisure. The indicator were selected with reference to the existence of statistical data officially provided according to the spatial range(Si/Gun, eup/myeon, village). Based on the selected indicator, the test evaluation was conducted in Jindo-gun, Jeollanam-do by applying data that can be obtained from KOSIS and web GIS. It is judged that the diagnostic indicator developed through this research can be used in various ways from the planning stage to the implementation stage of the regional development project, such as grasping the current conditions, setting improvement targets, promotion and evaluation/monitoring of the project. In addition, it is expected that it will be possible to carry out regional diagnosis for each spatial unit and to plan and implement regional development projects by giving priority to areas where the level of each department is insufficient.

• The Korea Journal of Herbology
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• v.29 no.3
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• pp.1-10
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• 2014

Objectives : In this study, we investigated Hyangyak in "Single-medicine prescription treatment of domestic herbs" of "Kwangjebikeup" and then conducted further studies focusing on ginseng as it is written in "Single-medicine prescription treatment of domestic herbs". Methods : Through a study of classical literature on Hyangyak and ginseng, information regarding the two was gathered and analyzed, with respect to both time and region. Results : All of the herbs in "Single-medicine prescription treatment of domestic herbs", the 4th volume of "Kwangjebikeup", are domestic herbs. Ginseng was a part of the flora of the Korean Peninsula from long ago and ginseng was cultivated from most of the peninsula. We confirmed cultivation of ginseng in Sungcheon, Pyungan-do and most areas of Hamgyeong-do through geography books such as "Geography Monograph of King Sejong". Because the natural environmental condition of the Korean Peninsula was conducive to growing wild ginseng, it was possible to cultivate ginseng. In the late Chosun period, cultivated ginseng was so prevalent that people would have been able to collect and use ginseng without great difficulty. In "Kwangjebikeup", ginseng shows superior efficacy in terms of first-aid. "Kwangjebikeup" contains practical herbal medicines that were based on obtainable ingredients. Conclusions : The purpose of publication of this book was to make medical knowledge available to general public in an easy-to-understand form. And through added clinical experiences of the author, we know that "Kwangjebikeup" played a role in settlement and spreading of foreign knowledge to civilians.

• The Journal of Asian Women
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• v.53 no.2
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• pp.75-110
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• 2014

This research examines marriage migrant women's interpreting and translation work as an ethnic labor, analyzing its creation and work experiences. Major findings about ethnic labor in the research are as follows: First, Korean gendered and discriminatory- exclusive immigration policy enables the creation of interpreting and translation job to marriage migrant women. While the policy limits settlement and employment fields of male immigrant workers, marriage migration women are allowed to settle and find any job. Second, job security and wage of marriage migrant women's interpreting and translation work are still low, although the job is considered a relatively decent one in foreign immigrant labor market. Finally, they experience conflicts between role as neutral interpreters and identity as migrant women, facing native Koreans' distrust and discrimination against them. In conclusion, this study suggests some issues on marriage migrant women's empowerment and their labor market prospect in terms of the sustainability of this job.