• Journal of Arbitration Studies
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• v.19 no.2
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• pp.95-126
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• 2009

One of the controversial issues in investor-state investment arbitration is the interpretation of "umbrella clause" that is found in most BIT and FTAs. This treaty clause requires on Contracting State of treaty to observe all investment obligations entered into with foreign investors from the other Contracting State. This clause did not receive in-depth attention until SGS v. Pakistan and SGS v. Philippines cases produced starkly different conclusions on the relations about treaty-based jurisdiction and contract-based jurisdiction. More recent decisions by other arbitral tribunals continue to show different approaches in their interpretation of umbrella clauses. Following the SGS v. Philippines decision, some recent decisions understand that all contracts are covered by umbrella clause, for example, in Siemens A.G. v. Argentina, LG&E Energy Corp. v. Argentina, Sempra Energy Int'l v. Argentina and Enron Corp. V. Argentina. However, other recent decisions have found a different approach that only certain kinds of public contracts are covered by umbrella clauses, for example, in El Paso Energy Int'l Co. v. Argentina, Pan American Energy LLC v. Argentina and CMS Gas Transmission Co. v. Argentina. With relation to the exhaustion of domestic remedies, most of tribunals have the position that the contractual remedy should not affect the jurisdiction of BIT tribunal. Even some tribunals considered that there is no need to exhaust contract remedies before bringing BIT arbitration, provoking suspicion of the validity of sanctity of contract in front of treaty obligation. The decision of the Annulment Committee In CMS case in 2007 was an extraordinarily surprising one and poured oil on the debate. The Committee composed of the three respected international lawyers, Gilbert Guillaume and Nabil Elaraby, both from the ICJ, and professor James Crawford, the Rapportuer of the International Law Commission on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts, observed that the arbitral tribunal made critical errors of law, however, noting that it has limited power to review and overturn the award. The position of the Committee was a direct attack on ICSID system showing as an internal recognition of ICSID itself that the current system of investor-state arbitration is problematic. States are coming to limit the scope of umbrella clauses. For example, the 2004 U.S. Model BIT detailed definition of the type of contracts for which breach of contract claims may be submitted to arbitration, to increase certainty and predictability. Latin American countries, in particular, Argentina, are feeling collectively victims of these pro-investor interpretations of the ICSID tribunals. In fact, BIT between developed and developing countries are negotiated to protect foreign investment from developing countries. This general characteristic of BIT reflects naturally on the provisions making them extremely protective for foreign investors. Naturally, developing countries seek to interpret restrictively BIT provisions, whereas developed countries try to interpret more expansively. As most of cases arising out of alleged violation of BIT are administered in the ICSID, a forum under the auspices of the World Bank, these Latin American countries have been raising the legitimacy deficit of the ICSID. The Argentine cases have been provoking many legal issues of international law, predicting crisis almost coming in actual investor-state arbitration system. Some Latin American countries, such as Bolivia, Venezuela, Ecuador, Argentina, already showed their dissatisfaction with the ICSID system considering withdrawing from it to minimize the eventual investor-state dispute. Thus the disagreement over umbrella clauses in their interpretation is becoming interpreted as an historical reflection on the continued tension between developing and developed countries on foreign investment. There is an academic and political discussion on the possible return of the Calvo Doctrine in Latin America. The paper will comment on these problems related to the interpretation of umbrella clause. The paper analyses ICSID cases involving principally Latin American countries to identify the critical legal issues arising between developing and developed countries. And the paper discusses alternatives in improving actual investor-State investment arbitration; inter alia, the introduction of an appellate system and treaty interpretation rules.

• Korean Journal of Agricultural and Forest Meteorology
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• v.12 no.4
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• pp.241-263
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• 2010

KoFlux is a Korean network of micrometeorological tower sites that use eddy covariance methods to monitor the cycles of energy, water, and carbon dioxide between the atmosphere and the key terrestrial ecosystems in Korea. KoFlux embraces the mission of AsiaFlux, i.e. to bring Asia's key ecosystems under observation to ensure quality and sustainability of life on earth. The main purposes of KoFlux are to provide (1) an infrastructure to monitor, compile, archive and distribute data for the science community and (2) a forum and short courses for the application and distribution of knowledge and data between scientists including practitioners. The KoFlux community pursues the vision of AsiaFlux, i.e., "thinking community, learning frontiers" by creating information and knowledge of ecosystem science on carbon, water and energy exchanges in key terrestrial ecosystems in Asia, by promoting multidisciplinary cooperations and integration of scientific researches and practices, and by providing the local communities with sustainable ecosystem services. Currently, KoFlux has seven sites in key terrestrial ecosystems (i.e., five sites in Korea and two sites in the Arctic and Antarctic). KoFlux has systemized a standardized data processing based on scrutiny of the data observed from these ecosystems and synthesized the processed data for constructing database for further uses with open access. Through publications, workshops, and training courses on a regular basis, KoFlux has provided an agora for building networks, exchanging information among flux measurement and modelling experts, and educating scientists in flux measurement and data analysis. Despite such persistent initiatives, the collaborative networking is still limited within the KoFlux community. In order to break the walls between different disciplines and boost up partnership and ownership of the network, KoFlux will be housed in the National Center for Agro-Meteorology (NCAM) at Seoul National University in 2011 and provide several core services of NCAM. Such concerted efforts will facilitate the augmentation of the current monitoring network, the education of the next-generation scientists, and the provision of sustainable ecosystem services to our society.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.279-310
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• 2015

The Montreal Convention is an agreement that governs the liability of air carriers for injury and death to passengers travelling internationally by air. The Montreal Convention serves as the exclusive legal framework for victims and survivors seeking compensation for injuries or death arising from accidents involving international air travel. The Montreal Convention sets monetary liability caps on damages in order to promote the financial stability of the international airline transport industry and protect the industry from exorbitant damages awards in courts that would inevitably bankrupt an airline. The Convention allows a litigant suing under the Convention to avoid the liability caps in instances where the airline's culpability for the injury or death is the direct result of negligence, another wrongful act, or an omission of the airline or its agents. The Montreal Convention identifies specific locations as appropriate venues to advance claims for litigants seeking compensation. These venues are closely tied to either the carrier's business operations or the passenger's domicile. In March 2015, in an act of suicide stemming from reactive depression, the co-pilot of Germanwings flight 9525 intentionally crashed the aircraft into the French Alps killing the passengers and the remaining crew. Subsequent to the crash, there were media reports that Lufthansa made varying settlement offers to families of the passengers who died aboard the flight ranging from $8,300 USD to $4.5 Million USD depending on the passengers' citizenship. The unverified offers by Lufthansa prompted outcries from the families of the decedent passengers that they would institute suit against the airline in a more plaintiff friendly jurisdiction such as the United States. The first part of this article accomplishes two goals. First, it examines the Montreal Convention's venue requirement along with an overview of the recoverable damages from countries comprising the citizenship of the passengers who were not American. The intentional crash of Germanwings flight 9525 by its First Officer encompasses the possibility that Lufthansa may be exposed to unlimited compensatory damages beyond the liability caps contained in the Convention. The second part of this article explores the application of the Convention's liability limits to the Germanwings flight to demonstrate that the likelihood of escaping the liability limits is slim.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• Korean Journal of Materials Research
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• v.9 no.3
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• pp.274-281
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• 1999

Usually sputtering and electroless plating methods were used for manufacturing metal-alloy thin film magnetic memory devices. Since electroless plating method has many merits in mass production and product variety com­pared to sputtering method, many researches about electroless plating have been performed in the United State of America and Japan. However, electroless plating method has not been studied frequently in Korea. In these respects the purpose of this research is manufacturing Co-Mn-P alloy thin film on the corning glass 2948 by electroless plating method using sodium hypophosphite as a reductant, and analyzing deposition rate, alloy composition, microstructure, and magnetic characteristics at various pH's and temperatures. For Co-P alloy thin film, the reductive deposition reaction 0$\alpha$urred only in basic condition, not in acidic condition. The deposition rate increased as the pH and temperature increased, and the optimum condition was found at the pH of 10 and the temperature of $80^{\circ}C$. Also magnetic charac­teristics was found to be most excellent at the pH of 9 and the temperature of $70^{\circ}C$, resulting in the coercive force of 8700e and the squareness of 0.78. At this condition, the contents of P was 2.54% and the thickness of the film was $0.216\mu\textrm{m}$. For crystal orientation, we could not observe fcc for $\beta$-Co. On the other hand,(1010), (0002), (1011) orientation of hcp for a-Co was observed. We could confirm the formation of longitudinal magnetization from dominant (1010) and (1011) orientation of Co-P alloy. For Co-Mn-P alloy deposition, coercive force was about 1000e more than that of Co P alloy, but squareness had no difference. For crystal orientation, (l01O) and (lOll) orientation of $\alpha$-Co was dominant as same as that of Co- P alloy. Likewise we could confirm the formation of longitudinal magnetization.

• Journal of Legislation Research
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• no.44
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• pp.487-538
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• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

• Korea Science and Art Forum
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• v.37 no.5
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• pp.215-226
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• 2019

This study analyzed the healing effect of the design elements of healing environment from the perspective of environmental stress, which is one of the contents of environmental psychology. By examining the objective healing effects of the design elements of the healing environment, this study attempted to prepare a theoretical basis for contributing to the construction of a systematic and systematic healing environment. This study consists of three phases. Firstly, three environmental stress theories (Attention Recovery Theory, Evolutionary Psychology, and Environmental Stress Model) were examined to review the academic basis of which the theoretical concept of the healing environment has been derived and developed. Second, we analyzed 16 previous research on the design elements of healing environment and used them as an analysis framework of this study. Thirdly, 11 foreign studies that proved the healing effects of healing environment design elements through objective research methods were considered and analyzed as an analysis framework, and the basis for applying design elements in constructing healing environment was prepared. The research results are as follows. First, the concept of healing environment was developed from Lazarus's psychological stress theory and Ulrich's theory of evolutionary psychology, suggesting that it can be used as one of the noninvasive healing tools that affect stress reduction. Second, the healing environment design elements could be divided into 15 factors and categorized as physical environment, psychological environment, and social environment, and it was found that most of them were mentioned and studied in the previous research in order of nature-friendly, aesthetic, and openness. Third, most of the previous research on the healing effects of the design elements of the healing environment were related to natural affinity and aesthetics, and it was found that the visual elements of the healing environment could affect the actual stress reduction.

• Korea Science and Art Forum
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• v.37 no.4
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• pp.205-216
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• 2019

Today, there have been more museums with architectural freeform structure. From an academic perspective, that caused a change in the paradigm of the genealogy of architectural forms. Accordingly, it has been required to find whether the freeform architecture influences an exhibition space. Therefore, in order to analyze the correlation between freeform architecture and exhibition space, this study looks into the tendency of actual freeform architecture through case analysis after 2000. An exhibition space of museum serves as a socially, culturally, and locally symbolic icon and has the function of delivering information to viewers through the aesthetic presentation of articles on exhibition. This study is meaningful in the point that it drew the conclusion of the correlation between freeform architecture and exhibition space in order to infer that a freeform exhibition space is more effective at viewers' spatial experience. The method and results of this study are presented as follows: Firstly, literature survey on the concept of the freerform architecture of museum and the classification of architectural forms was conducted and previous studies were analyzed in order to establish criteria. Secondly, a case study was conducted through visits to Singapore, Germany, and the Netherlands in order to look into the current state and characteristics of freeform architecture and exhibition space. In this case, Karel Vollers' architectural freeform criteria were used for analysis. Thirdly, to prove the correlation between freeform architecture and exhibition space, each case was cross-checked on the basis of Karel Vollers' architectural freeform criteria and freeform exhibition classification, and then results were drawn. The study results are presented as follows: Firstly, EX(angle, ortho) of freeform architecture had a significant correlation with the diagonal form of exhibition space. That was proved 92.3% accurately more in the Netherlands and Germany than in Singapore. However, the curve form of exhibition space had a unclear correlation. In Singapore case, the curve form correlation was made through RO, FR, and TW. Secondly, freeform architecture had complex-typed combination with the diagonal and curve forms of exhibition space. In particular, N-02 and G-02 had a combination form, basically EX, and partially various forms so as to induce the complexity of free form. As such, architectural freeform makes it possible to achieve infinite transformation in various combinations. For responses, combinational approaches are required in multilateral ways. Based on this study, it will be planned to analyze the correlation between freeform architecture of museum and exhibition presentation.

• Korea Science and Art Forum
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• v.37 no.1
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• pp.87-97
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• 2019

The study began in recent years with the aim of grasping the nation's medical status following the fast-growing trend of international medical tourism and attracting foreign patients, among other things, Busan, which ranks second in attracting foreign patients after the nation's capital, Seoul, has been highly active in the past eight years, with foreign patients rising by about 426 percent, and Russian patients entering the sea. In addition, Gimhae and Changwon, the Busan-based Gyeongsangnam-do region, ranked first and second in number of foreign residents, and are inhabited by a variety of foreign workers. Medical institutions, such as hospitals, should be able to find directions within hospitals. It is also a space where information in various languages, including Korean, English, Chinese, or Russian, must be delivered in a single medium. Based on this research, the purpose of this research is to provide converged information that helps foreigners who are not familiar with Korean language easily understand the proposed recognition system when visiting hospitals. Therefore, this paper is applied to a multi-language survey of six medical institutions (A, B, C, D, E, F) at the university hospital in Busan, and 10 medical institutions (R, J) in Gimhae, South Gyeongsang Province with high foreign residents. Research results and contents are as follows. First, the results of analyzing the design of the sinusoidal system show that the font uses colorless Gothic fonts, arrows, and pictograms to introduce the design of a typical hospital sign system. Second, the results of the multi-lingual situation were found to have only two languages in the system, such as Korean and English, and to have four languages, including Korean, English, Chinese, and Russian, according to their geographical location. However, it was judged that most medical institutions currently have only two languages (Korean, English) that may cause some discomfort in terms of language for foreign patients in non-English speaking countries. Based on these findings, it is necessary to propose designs that are considered by Koreans as well as foreign users in the use of multilingual hospital sign systems.

• Korea Science and Art Forum
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• v.37 no.4
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• pp.149-159
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• 2019

This research was started to identify the color status of signboards at the target site and suggest the direction of improvement for the signboard project in Dongsang-dong, Jongno-gil, a central area of the old city center of Gimhae. The area under study forms a depressed street atmosphere with old facilities, and is a typical type of old city center sign that needs to be rebuilt. The purpose of this study is to investigate prior research related to signage and similar signboard improvement cases, and then to identify the current status of colors by sorting out the casting, auxiliary and highlighted colors through the survey of the color of the signboard in the target area, and to propose a desirable direction for the future sign business based on the basis of these findings. This paper divided the target sections by industry and conducted a color analysis of signboards. The results and contents of the research are as follows. First, cast-colored signboards in general businesses showed a variety of primary color distributions with high L* values, on average, with high intensity and high chromaticity. Second, the auxiliary colors were mostly white or black in color-free, making a contrast between the casting colors. Third, the highlight was that a* value showed a high distribution in positive water plus and was mainly distributed in obsolescence, such as red or yellow, and color was used to reflect the characteristics of each store. However, the stores in the entire section lack unity because they were using colors that were higher in color than middle colors, which was causing the street's aesthetic look to be undermined. Based on the results of these studies, it is thought that the future color scheme for Gimhae's signature improvement project will limit the number of colors to a certain extent and give a sense of security and visual comfort to the use of colorlessness and obscurity around the representative colors of Gimhae.