• Title/Summary/Keyword: General principles

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The Applicability of he UNIDROIT Principles in Interactional Commercial Arbitration (국제상사중재(國際商事仲裁)에서 UNIDROIT 원칙(原則)의 적용가능성(適用可能性))

  • Oh, Won Suk
    • Journal of Arbitration Studies
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    • v.9 no.1
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    • pp.161-182
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    • 1999
  • The purpose of this paper is to examine the applicability of the UNIDROIT Principle in international commercial arbitration. For this purpose, I have studies the basic two characters of this Principles: One is of general rule(principle); Another is of international and commercial character. According to CISG, questions concerning matters governed by the CISG which are not expressly settled in it are to be settled in conformity with the general principles, so this Principles will cover many questions which are not expressly settled in the applicable law, by gap-filing, analogy or usage. In the preamble of this Principles, there are five cases in which the Principles shall be applied or may be applied. If the disputes are submitted to the any national court, the application of this Principles would be restricted because of the mandatory rules of national, international or supranational origin. But the disputes are submitted to arbitration, the arbitrator would have more discretional powers to apply the Principles than the judge. The reason is that in the arbitration, the arbitrators do not bear obligation to act in conformity with the law applicable by virtue of the rules of rules of private international law. I also examined the applicability of the Principles in cases which there are no mentions in preamble: When the international arbitrators choose the Principles; When the arbitrators decide ex aequo et bono; When the both parties have not chosen the governing law; When there are gaps in domestic law chosen by the parties; When the applicable domestic law is insufficient. In all these cases, the Principles may be applied more easily and conveniently in arbitration than in litigation. Thus to envisage the application of this Principle in international arbitration, first both parties in international commercial contracts should incorporate this Principle as a governing law in their contracts, and second, the arbitrators should try to apply this Principles in their arbitrations by choice, analogy, general principles or usage.

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A Study on the Adoption and Development of Three Concepts of General Educational Principles (Intellectual, Moral and Physical Education) in Meiji Japan (일본 메이지기(明治期) 삼육(三育) 개념의 도입과 전개)

  • Hahn, Yong-Jin;Choi, Jung-Hee
    • Korean Journal of Comparative Education
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    • v.24 no.1
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    • pp.249-271
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    • 2014
  • The purpose of this study is to understand how the three concepts of general educational principles, such as Intellectual, Moral and Physical education, had adopted and developed in Meiji Japan through the introduction process of Western Education. In this work, we hope to identify the three general educational words which are translated in Japanese as well as that of Education. The result of this study is as follows; First, the translated words of these principles had changed from Sam-Kyo(三敎) to Sam-Yuk(三育); owing to the internal change of situation in 1880's. Second, the three general educational principles have changed their main elements for the purpose of education, though still maintaining the three, but it had developed their concepts according to the trend of thought in Japanese education.

SOME GENERAL CONVERGENCE PRINCIPLES WITH APPLICATIONS

  • Zhou, H.Y.;Gao, G.L.;Guo, G.T.;Cho, Y.J.
    • Bulletin of the Korean Mathematical Society
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    • v.40 no.3
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    • pp.351-363
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    • 2003
  • In the present paper, some general convergence principles are established in metric spaces and then theses principles are applied to the convergence of the iterative sequences for approximating fixed points of certain classes of mappings. By virtue of our principles, most of the latest results obtained by several authors can be deduced easily.

Principles of Flexible-Use Spectrum Rights

  • Matheson Robert J.
    • Journal of Communications and Networks
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    • v.8 no.2
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    • pp.144-150
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    • 2006
  • A serious problem with traditional 'command & control' spectrum management techniques is that they do not easily accommodate new technologies and new services. This paper describes the necessary principles of flexible-use spectrum rights which may allow a wide variety of spectrum uses in a single general-purpose band. Based on the electrospace description of the radio spectrum, these principles allow general aggregation or division of licensed electrospace regions via secondary markets, providing rules for how regulatory limits change under aggregation or division. These flexible-use principles limit transmitter behaviors that tend to create a more difficult operating environment for receivers, while making receivers responsible for handling any remaining interference. The author shows how flexible-use principles could provide a basis for real-world flexible-use frequency bands.

Certification and Use of Reference Materials (표준물질의 인증 및 사용)

  • Choi, Sung-Woon
    • Proceedings of the Safety Management and Science Conference
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    • 2007.04a
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    • pp.323-333
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    • 2007
  • This paper presents contents of certificates, and use for reference materials. This study also introduces general requirements for the competence of reference material producers. Lastly this paper shows general and statistical principles for certification of reference materials.

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Principles of the Automatic Book-Classification (도서분류자동화 원리유도에 관한 연구)

  • 심의순;이경호
    • Journal of Korean Library and Information Science Society
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    • v.11
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    • pp.175-209
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    • 1984
  • The purpose of this study is to build a general principle for the automatic book-classification which can be put to use in library operation, and to present a methodology of the automatic classification for the library. Since the enumerative classification scheme which exist as manual systems cannot be a n.0, pplied to the automation of classification, the principles of Colon Classification by S.R. Ranganathan is brought in and studied. The result of the study can be summarized as follows: (1) Automatic book-classification can be performed by the principles of faceted classification. (2) This study presents a general and an a n.0, pplication principles for the automatic book-classification. (3) File design for the automatic book-classification of a general classification is different from that of special classification, (4) The methodology is to classify the literature by inputting the title into a terminal. In addition, the expected Value from the Automatic Book-classification is as follows: (1) The prompt and accurate process of classification is possible. (2) Though a book is classified in any library it can have the same classification number. (3) The user can retrieve the classification code of a book for which he or she wants to search through the dialogue with the computer. (4) Since the concept coordination method is employed, even the representing of a multi-subject concept is made simple. (5) By performing automatic book-classification, the automation of library operation can be completed.

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Liquid-Liquid Extraction General Principles - A Review (용매추출(溶媒抽出)의 일반적(一般的) 원리(原理))

  • Lee, Jin-Young;Kumar, Jyothi Rajesh
    • Resources Recycling
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    • v.18 no.6
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    • pp.3-9
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    • 2009
  • The present review paper deals the liquid-liquid extraction (LLE) general principles and the basic fundamentals, general process of LLE followed by the importance of LLE reagents. LLE is a process of transferring a chemical compound from one liquid phase to a second liquid phase, immiscible with the first. In analytical chemistry, this method enjoys a favored position among separation techniques because of its simplicity, speed and wide scope. By utilizing apparatus no more complicated than a separatory funnel and requiring several minutes at most to perform, extraction procedures offer much to the analytical chemist.

Implication of Korean Medicine Principles in Herbal Medicinal Preparations on Pharmaceutical Affairs Act (약사법상 한약제제의 정의 중 한방원리의 의미에 대한 고찰)

  • Lim, Hyun-Jin;Kim, Ji-Hoon;Cho, Sun-Young;Park, Sun-Dong;Kim, Yun-Kyung
    • Herbal Formula Science
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    • v.23 no.1
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    • pp.1-14
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    • 2015
  • Objectives : In Pharmaceutical Affairs Act, herbal medicinal preparations are defined as medicines made by Korean medicine principles. But in Act, Korean medicine principles are vague. Thus, there is a request to explain what the Korean medicine principles are. The aim of this study is to suggest implications of Korean medicine principles in definition of herbal medicinal preparations. Methods : With regard for definition of Korean medicine principles, we referred to the domestic and foreign regulations and literature about the history of herbal medicinal preparations. As a result, the meaning of Korean medicine principles was historically examined from various angles. Results : Through this study, we studied the Korean medicine principles from the past medical history. Due to the broad definition of Korean medicinal principles, we tried to extract general ideas of medicine principles first. We also found that we had scientific formulations based on korean medicine principles which could be used in modern society. In the end, we found that numerous medicine principles which include ‘Four qi and five flavors theory’, ‘Processing of medicinals’, ‘Yin and yang theory’, ‘Five phases theory’, ‘Meridian entry of viscera and bowels theory’, ‘Herb Couplet Interaction theory’, ‘Sovereign, minister, assistant and courier theory’, etc. Conclusions : Innumerable principles used from the past existed. These principles were broad and could be used as modern scientific principles. Based on these facts, we illustrated details of Korean medicine principles, hope this principles be widely shared and Korean herbal medicinal preparations be further developed.

Disputes on the Application of National Compulsory Law in International Sale of Goods under CISG - with a special reference to Case Law for Non-compliance - (CISG적용 국제물품매매에서 국내 강행법분쟁에 관한 연구 - 물품불일치 분쟁사건 판례를 중심으로 -)

  • Hahn, Jae-Phil
    • Journal of Arbitration Studies
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    • v.19 no.1
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    • pp.147-169
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    • 2009
  • This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

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Stability of Time Delay Systems Using Numerical Computation of Argument Principles

  • Suh, Young-Soo
    • International Journal of Control, Automation, and Systems
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    • v.1 no.1
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    • pp.127-133
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    • 2003
  • This paper proposes a new numerical method to check the stability of a general class of time delay systems. The proposed method checks whether there are characteristic roots whose real values are nonnegative through two steps. Firstly, rectangular bounds of characteristic roots whose real values are nonnegative are computed. Secondly, the existence of roots inside the bounds are checked using the numerical computation of argument principles. An adaptive discretization is proposed for the numerical computation of argument principles.