• Title/Summary/Keyword: Governing law

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An integral quasi-3D computational model for the hygro-thermal wave propagation of imperfect FGM sandwich plates

  • Abdelouahed Tounsi;Saeed I. Tahir;Mohammed A. Al-Osta;Trinh Do-Van;Fouad Bourada;Abdelmoumen Anis Bousahla;Abdeldjebbar Tounsi
    • Computers and Concrete
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    • v.32 no.1
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    • pp.61-74
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    • 2023
  • This article investigates the wave propagation analysis of the imperfect functionally graded (FG) sandwich plates based on a novel simple four-variable integral quasi-3D higher-order shear deformation theory (HSDT). The thickness stretching effect is considered in the transverse displacement component. The presented formulation ensures a parabolic variation of the transverse shear stresses with zero-stresses at the top and the bottom surfaces without requiring any shear correction factors. The studied sandwich plates can be used in several sectors as areas of aircraft, construction, naval/marine, aerospace and wind energy systems, the sandwich structure is composed from three layers (two FG face sheets and isotropic core). The material properties in the FG faces sheet are computed according to a modified power law function with considering the porosity which may appear during the manufacturing process in the form of micro-voids in the layer body. The Hamilton principle is utilized to determine the four governing differential equations for wave propagation in FG plates which is reduced in terms of computation time and cost compared to the other conventional quasi-3D models. An eigenvalue equation is formulated for the analytical solution using a generalized displacements' solution form for wave propagation. The effects of porosity, temperature, moisture concentration, core thickness, and the material exponent on the plates' dispersion relations are examined by considering the thickness stretching influence.

Static buckling analysis of bi-directional functionally graded sandwich (BFGSW) beams with two different boundary conditions

  • Berkia, Abdelhak;Benguediab, Soumia;Menasria, Abderrahmane;Bouhadra, Abdelhakim;Bourada, Fouad;Mamen, Belgacem;Tounsi, Abdelouahed;Benrahou, Kouider Halim;Benguediab, Mohamed;Hussain, Muzamal
    • Steel and Composite Structures
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    • v.44 no.4
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    • pp.503-517
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    • 2022
  • This paper presents the mechanical buckling of bi-directional functionally graded sandwich beams (BFGSW) with various boundary conditions employing a quasi-3D beam theory, including an integral term in the displacement field, which reduces the number of unknowns and governing equations. The beams are composed of three layers. The core is made from two constituents and varies across the thickness; however, the covering layers of the beams are made of bidirectional functionally graded material (BFGSW) and vary smoothly along the beam length and thickness directions. The power gradation model is considered to estimate the variation of material properties. The used formulation reflects the transverse shear effect and uses only three variables without including the correction factor used in the first shear deformation theory (FSDT) proposed by Timoshenko. The principle of virtual forces is used to obtain stability equations. Moreover, the impacts of the control of the power-law index, layer thickness ratio, length-to-depth ratio, and boundary conditions on buckling response are demonstrated. Our contribution in the present work is applying an analytical solution to investigate the stability behavior of bidirectional FG sandwich beams under various boundary conditions.

Investigation of the mechanical behavior of functionally graded sandwich thick beams

  • Mouaici, Fethi;Bouadi, Abed;Bendaida, Mohamed;Draiche, Kada;Bousahla, Abdelmoumen Anis;Bourada, Fouad;Tounsi, Abdelouahed;Ghazwani, Mofareh Hassan;Alnujaie, Ali
    • Steel and Composite Structures
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    • v.44 no.5
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    • pp.721-740
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    • 2022
  • In this paper, an accurate kinematic model has been developed to study the mechanical response of functionally graded (FG) sandwich beams, mainly covering the bending, buckling and free vibration problems. The studied structure with homogeneous hardcore and softcore is considered to be simply supported in the edges. The present model uses a new refined shear deformation beam theory (RSDBT) in which the displacement field is improved over the other existing high-order shear deformation beam theories (HSDBTs). The present model provides good accuracy and considers a nonlinear transverse shear deformation shape function, since it is constructed with only two unknown variables as the Euler-Bernoulli beam theory but complies with the shear stress-free boundary conditions on the upper and lower surfaces of the beam without employing shear correction factors. The sandwich beams are composed of two FG skins and a homogeneous core wherein the material properties of the skins are assumed to vary gradually and continuously in the thickness direction according to the power-law distribution of volume fraction of the constituents. The governing equations are drawn by implementing Hamilton's principle and solved by means of the Navier's technique. Numerical computations in the non-dimensional terms of transverse displacement, stresses, critical buckling load and natural frequencies obtained by using the proposed model are compared with those predicted by other beam theories to confirm the performance of the proposed theory and to verify the accuracy of the kinematic model.

The Definition of Outer Space and the Air/Outer Space Boundary Question (우주의 법적 지위와 경계획정 문제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.427-468
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    • 2015
  • To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.

The Current Status of the Warsaw Convention and Subsequent Protocols in Leading Asian Countries (아시아 주요국가(主要國家)들에 있어서의 바르샤바 체제(體制)의 적용실태(適用實態)와 전망(展望))

  • Lee, Tae-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.147-162
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    • 1989
  • The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

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A Study on the Passengers liability of the Carrier on the Montreal Convention (몬트리올협약상의 항공여객운송인의 책임(Air Carrier's Liability for Passenger on Montreal Convention 1999))

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.31-66
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    • 2008
  • Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

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A Study on the Legal Explanation and Cases of Remedies for Breach of Contract by the Buyer under CISG (CISG하에서 매수인의 계약위반에 대한 매도인의 구제수단에 관한 고찰 - CISG 제3편 제3장 제3절(제61조 내지 제65조)의 규정해석과 판결례를 중심으로 -)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.231-251
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    • 2012
  • The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

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A Study on the Application Scope of Most-Favored Nation Treatment in the FTA Investment Provisions Based on the Arbitral Award Cases (FTA투자규정에 있어서 최혜국대우 조항의 적용범위에 관한 중재판정 사례연구)

  • Kim, Kyung-Bae
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.109-131
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    • 2010
  • Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.

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A Study of Dynamic Instability for Sigmoid Functionally Graded Material Plates on Elastic Foundation (탄성지반위에 놓인 S형상 점진기능재료(FGM)판의 동적 불안정성에 관한 연구)

  • Lee, Won-Hong;Han, Sung-Cheon;Park, Weon-Tae
    • Journal of the Computational Structural Engineering Institute of Korea
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    • v.28 no.1
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    • pp.85-92
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    • 2015
  • This article presents the dynamic instability response of sigmoid functionally graded material plates on elastic foundation using the higher-order shear deformation theory. The higher-order shear deformation theory has ability to capture the quadratic variation of shear strain and consequently shear stress through the plate thickness. The governing equations are then written in the form of Mathieu-Hill equations and then Bolotin's method is employed to determine the instability regions. The boundaries of the instability regions are represented in the dynamic load and excitation frequency plane. The results of dynamic instability analysis of sigmoid functionally graded material plate are presented using the Navier's procedure to illustrate the effect of elastic foundation parameter on dynamic response. The relations between Winkler and Pasternak elastic foundation parameter are discussed by numerical results. Also, the effects of static load factor, power-law index and side-to-thickness ratio on dynamic instability analysis are investigated and discussed. In order to validate the present solutions, the reference solutions are used and discussed. The theoretical development as well as numerical solutions presented herein should serve as reference for the dynamic instability study of S-FGM plates.

Simulation of the flow characteristics of R1234yf flowing through capillary tubes (냉매 R1234yf의 모세관내 유동 특성에 관한 해석적 연구)

  • Kim, Daeyeong;Park, Chasik
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.15 no.11
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    • pp.6452-6457
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    • 2014
  • R1234yf has been developed as an alternative refrigerant to R134a, which has been associated with global warming. The capillary tubes as expansion valves control the mass flow rate and balance system pressure in the refrigeration cycle. The present numerical model used the governing equations including the law of conservation of mass, momentum, and energy in a capillary tube. The mass flow rate of R1234yf decreased by 47.0% as the capillary tube length was increased from 1 to 4 m. As the inner diameter of the capillary tubes was changed from 1.3 to 1.7 mm, the mass flow rate of R134a and R1234yf increased by 117.9% and 121.0%, respectively. The mass flow rate of the R134a and R1234yf increased by 28.3% and 29.1% with subcooling increasing from 0 to $7^{\circ}C$. In addition, when the inlet temperature of the capillary tubes was changed from 35 to $60^{\circ}C$, the mass flow rate of R134a and R1234yf increased by 31.0% and 45.4%, respectively.