• The Korean Journal of Air & Space Law and Policy
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• v.14
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• pp.151-174
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• 2001

Theories of international organization have explained the creation, maintenance, and decline of international organization. However, their explanations on changes of international organization have been much more different one another. For example, the theory of hegemonic stability argues that international organization can be created and maintained only by a hegemonic state and will be declined if the hegemonic state decline. On the other hand, the functional approach believes that the positive functions and effects that international organization provides motivate states to create and maintain the organization, while the game-theoretical approach explains international organization based on cost-benefit calculation of rational states. Thus, the empirical evaluation of the arguments of the theories of international organization and defining the major factors that determine international organization are necessary not only for the development of theories of international organization but also for making desirable policies toward international organization. For the purpose, this paper compares and contrasts the three major theories of international organization and applies the approaches to the case of the International Civil Aviation Organization (ICAO) to test their arguments. Since the ICAO has been rarely examined by the theories of international organization, the case study could be desirable case to evaluate theories of international organization. In this sense, this paper attempts to define the major factors that determine the creation, maintenance, and decline of the ICAO. In particular, since the Korean government has changed its policy for air transport security system recently, it will investigate the role of ICAO on the policy change to define the limits and strength of ICAO. In conclusion, this paper will assess the relative explanatory power of each approach based on the analysis of the creation and changes of ICAO

• Journal of Arbitration Studies
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• v.24 no.3
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• pp.79-103
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• 2014

In light of increasing international trade in recent years, international arbitration has been more widely used by international parties to resolve their conflicts. Thus, the need for reliable and effective enforcement of foreign arbitral awards has amplified. To facilitate the enforcement of foreign arbitral awards, the New York Convention lists grounds for the refusal of recognition and enforcement in Article V. This paper examines prominent U.S. case law on Article V(1)(b), which is put in place to ensure that arbitration proceedings are conducted properly in accordance with due process requirements: proper notice to parties and an opportunity to a fundamentally fair hearing. This examination of case law conveys that U.S. courts refuse to enforce foreign arbitral awards pursuant to Article V(1)(b) only when due process rights of the party against whom the award is to be enforced are clearly violated by the arbitral tribunal. This paper also reveals that U.S. courts mainly defer to arbitral tribunals' discretion, especially as to evidentiary matters. Therefore, it is predicted that U.S. courts will likely continue to narrowly construe the grounds in Article V to facilitate reliable and effective enforcement of foreign arbitral awards in the U.S.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.71-91
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• 2022

The CISG does not stipulate the subject of the burden of proof, and in the arbitral award, the buyer is liable for proof compared to the seller for nonconformity of the product. Without a unified interpretation of the burden of proof of non-contractual goods, confusion of uncertainty may increase if the parties to the sale contract have a dispute due to the trade in goods. It is an important issue to create a unified regulation on this because the courts or arbitration agencies of the Contracting States of the CISG interpret and apply the "seller's obligation to conform to the goods contract" stipulated in this Convention in various ways. In this study, in the case of international Sales of Goods there is a tendency to prefer arbitration through arbitration agencies in the dispute, so the subject of burden of proof is analyzed through arbitration cases applied by CISG as the governing law. Most international commodity trading around the world is regulated by this Convention, but according to the rigid convention regulations, it is analyzed and interpreted through cases where this convention is applied to each country's international arbitration, suggesting the need for a rigid CISG revision.

• Educational Technology International
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• v.14 no.1
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• pp.55-74
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• 2013

The diversity of students is getting increased in the contemporary classroom. To deal with the diversity, differentiated instruction (DI) should be considered as a way of providing alternative approaches to content, process and product according to the students' readiness, interest, and learning needs. Teachers have problems and difficulties in supporting different student's needs. In fact, teachers need proven tools including framework, guidelines or computing systems to help to practice DI in real context. According to the activity theory, tools influence on how people act and think and even their social practice, playing a crucial role in mediating the activities with people. In DI practice, there are also some studies about physical and abstract tools, but they have been not widely utilized by teachers in real schools. It means that more innovative tool to promote DI might be required. Therefore, to design a better tool to mediate the DI activities with teacher, case studies were conducted. In order to elicit the design implications, two physical and two abstract tools for DI practice were analyzed as case studies. Through the analysis of the case studies, eight design implications better to facilitate DI practice were suggested. This study has implications in suggesting design guidelines for teachers' tools to facilitate their DI practice by analyzing case studies in DI practices for an innovative tool in the educational practice.

• American Studies
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• v.42 no.1
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• pp.23-55
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• 2019

Do international economic factors affect the result of gubernatorial elections? This research aims to explain the reasons that local elections are not influenced by international economic factors such as US-China trade dispute. Although previous studies show the mixed results about the relationship between economic factors and gubernatorial electoral outcome, this research argues at least three explanations can be identified. First, there is a perceived gap between the candidates and local voters on the effect of trade disputes. Local voters do not consider the trade dispute as immediate threats, and candidates only use the trade dispute for attacking rivals. Where the functional responsibilities are unclear among elected officials between federal and local government, voters tend to cast votes based on their party identification. In the case of trade policy, functional responsibility is murky between the president and governor; voters may not judge the governor incumbent or candidates on state economic condition.

• Educational Technology International
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• v.9 no.1
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• pp.1-23
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• 2008

Despite considerable commitment to the application of action learning as an organization development intervention, no identified systematic investigation of action learning practices has been reported. Based on a systematic literature review, the purpose of this paper is to identify whether researchers strike a balance between action and learning in their studies of action learning. Research findings in this study included: (1) only 32 empirical studies were found from the electronic database search; (2) based on the hypothesized continuum of Revans' original proposition of balancing action and learning, the author categorized 32 studies into three groups: action-oriented, learning-oriented, and balanced action learning; (3) there were only nine studies on balanced action learning among 32 empirical studies, whose insights included an effective use of project teams, applications of action learning for organization development, and key success factors such as time, reflection, and management support; (4) case study was among the most frequently used research method and only six quality studies met key methodological traits; and (5) therefore, more rigorous empirical research employing quantitative methods as well as case studies is needed to determine whether researchers strike a balance between action and learning in studies on action learning.

• Journal of Digital Convergence
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• v.16 no.2
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• pp.327-334
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• 2018

This study focuses on regathering the regional festival tourists through the reuse of Pyeongchang Winter Olympics facilities. It has a purpose of proposing directions to develop regional festival through the case analysis of successful domestic and international festivals. As a method of primary study, case analysis of domestic and international festivals and literature study were done. It was developed by data from the Statistics Office and Culture Tourism. This study suggests the Trout Festival and Snow Festival, to develop the following strategy using the facilities and make new, fused contents for the festivals. It expects the increase in facilities utilization and boom in regional economy to appear with the initiation of the unique strategy. This study to be used as a reference in the future for regathering the tourists and future studies on this specific topic.

• Journal of Arbitration Studies
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• v.23 no.1
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• pp.177-200
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• 2013

Recently, many international arbitration institutions have responded to the business requirements of their users and have revised their rules to enhance the time and cost efficiency. Korean Commercial Arbitration Board (KCAB) revised the international arbitration rule in 2011, introducing new arbitration mechanisms like the expedited procedure. Also other Asian arbitration institutions introduced the expedited procedure in their international arbitration rules. Now expedited procedures are regarded as a very attractive system in the field of international arbitration. Accordingly, this paper reviewed the expedited procedures of four Asian countries, including China(CIETAC), Hong Kong (HKIAC), Singapore(SIAC) and Korea(KCAB). The purpose of this study is to find out meaningful implications to improve the Korean system. Based on this review, some recommendations are suggested as follows. First, the scope of the expedited procedure has to be adjusted upward than the current 200 million won. Second, there should be a fee schedule only for the expedited procedure. Third, in case of small amount international disputes, written examination should be more used in the expedited procedure. Finally, KCAB should make strong efforts to improve the awareness and usage of the expedited procedure in Korea.

• Journal of the Korean Society of Clothing and Textiles
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• v.38 no.2
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• pp.175-190
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• 2014

This study analyzes the business strategy of fast fashion through Zara, a successful fashion brand from Inditex Spain. An in-depth case approach is adopted based on extensive secondary research that includes literature and press releases published in Korean as well as English. The findings of this research demonstrate a speedy and flexible process occurring in the supply chain of its fast fashion business and the cooperation between the company's headquarters and international subsidiaries. Zara's headquarters executes four representative strategies: competitive market research, an integrated organizational structure, small quantity batch production, and a specialized distribution system. Zara's international subsidiaries execute their own four representative strategies: differentiated international expansion, independent human resource management, small but fundamental IT, and maximization of store resources. These two core parts intimately work together to satisfy target customers all over the world by bringing competitive advantages to the fashion business and represent a key concept of Zara's business strategy. The main drawbacks of case studies are limited validity and representativeness restraining the potential for making generalizations. However this case is considered sufficient to provide valuable insight and improve the understanding of operation strategy in fast fashion.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.91-113
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• 2017

UN Convention on International Sale of Goods (CISG) and International Commercial Arbitration aim at the promotion and facilitation of international trade. Both of them share similar general principles; i.e., party autonomy and pacta sunt servanda. Also they are often applied concurrently in the case of the international commercial trade. The purpose of this article is to investigate whether the CISG could apply the formation of the arbitration clause that is included in the main contract governed by CISG. Sellers and buyers have freedom of designating choice of law that is applied to their contracts. An international arbitration agreement is presumed to be separable from the contract in which it is found. However, arbitration clauses commonly form part of a general contract. Thus, the CISG is intended to be applied to dispute resolution clauses, including arbitration clause even if it is not completely suitable. Notably, there is a fundamental distinction between the CISG and arbitration. The CISG abolished the formalities of contract. New York convention requires Contracting States' Courts to enforce written international agreements to arbitrate.