• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.225-253
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• 2005

Nowadays we does not hesitate to definite answer that the arbitration is the most developed dispute settlement out of court in the international commercial transaction. Online arbitration is desirable for the reasons of speed and cost effectiveness to settle the dispute about the international commercial transaction. Online arbitration is fast because it uses the communication technologies that allow information to be sent fast and efficiently. But in online arbitration too much speed and efficiency may lead to a violation of due process rights and consequently the online arbitration awards run a risk to be set aside or refused its enforcement under the international commercial arbitration mechanism. Speed and efficiency may conflict with the procedural guarantee characterizing each adversary dispute resolution process. As arbitration is exclusive of recourse to courts, a state must guarantee that arbitral proceeding should be satisfied with the claim rights requirement. The main question regarding the sources of regulation is particularly for the due process whether or not this is provided by the availability of grounds to set arbitral award aside. In other words, does it respect due process in the arbitration proceeding including information communication and technology under the online arbitration. In this paper it is discussed about how the main issue in arbitration should be implemented in online arbitration proceedings to cope with the due process requirements in national and international.

• International Journal of Control, Automation, and Systems
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• v.3 no.spc2
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• pp.315-321
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• 2005

Interactions among multiple control functions of a UPFC installed in a power system have been observed in power system simulation and been reported in authors' previous publications [1,2]. This paper presents new analytical results about these observed interactions and concludes that they are due to the control conflict between the series and shunt part of the UPFC, which are connected through the internal common capacitor inside the UPFC. Investigation in the paper reveals, for the first time as far as the authors are aware of, that the linkage pattern of UPFC series and shunt part decides whether the control functions implemented by the UPFC series and shunt part conflict each other or not. This linkage pattern of UPFC series and shunt part can be described by the flow of active power through the UPFC at steady-state operation of the power system. Hence in order to predict the possible interactions among multiple control functions of the UPFC, an interaction indicator is proposed in the paper which is the direction and amount of active power flow through the internal link of the UPFC series and shunt part at steady-state operation of the power system. This proposed interaction indicator can be calculated from power system load flow solution without having to run simulation of the power system with UPFC controllers installed. By using the indicator, the interactions among multiple control functions of the UPFC caused by badly set controller's parameters are excluded. Therefore the indicator only identifies the possible existence of inherent control conflict of the UPFC.

• Maritime Security
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• v.1 no.1
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• pp.149-173
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• 2020

While the United States and other Western states are in trouble with COVID-19 crisis, China is continuing its aggressive ocean expansion with its Gray-zone strategy. The Gray-zone strategy, which China uses around the South China Sea, refers to a strategy that promotes a change in international politics by creating an unclear state, neither war or peace. China, which is trying to expand its influence across East Asia, will also try to project a Gray zone strategy on the Korean Peninsula. The possible scenarios are as follows: 1) South Korea is accidentally involved in a dispute in the South China Sea, 2) Military conflicts between South Korea and China is caused by illegal fishing of Chinese boats in Yellow Sea, 3) China tries to interfere with Socotra Rock, 4) Unlikely, but possible in the future that China induce the military conflicts between Korea and Japan on the Dokdo issue. In order to cope with these scenarios, Korea should prepare the following measures from a long-term perspective: the creation of an Asian maritime safety fleet, the integ rated operation of the navy and the coast guard in the framework of the national fleet, and strengthening the conflict control system for China's provocations.

• Journal of Arbitration Studies
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• v.34 no.1
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• pp.27-50
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• 2024

This paper examines issues concerning conflicts between arbitral awards and public interests, particularly with respect to economic sanctions. Sanctions have been widely used by political entities, such as States and organizations, as means to promote public interests and to resolve cross-border disputes. In particular, economic sanctions have been increasingly more visible in recent years due to the accelerating fragmentation of the international communities, and their magnitude and range of the impacts have grown accordingly. For example, the U.S. and the EU have imposed economic sanctions on Russia and related persons in response to Russia's invasion of Ukraine. The U.S. recently re-introduced a comprehensive economic sanction on Iran. One of the notable impacts of the sanctions, particularly economic sanctions, is that on international arbitration. Sanctions are essentially built on the notion of the protection of public interests, and public interests are some of the few grounds upon which recognition and enforceability or arbitral awards may be rejected. However, jurisprudence on such conflict between sanctions and arbitral awards have not been sufficiently addressed in Korea because court case and administrative decision records on this conflict have not been sufficiently accumulated. In this regard, this paper begins with offering a survey of the concept of public interests, economic and trade sanctions, arbitral awards and their enforceability, and the relationships between them. It then examines the mechanism upon which public interests, trade and economic sanctions may lead certain arbitral awards unenforceable. Next, the paper suggests judiciaries' balanced approach toward the public interests protected by trade and economic sanctions and the predictability and fairness in the enforcement of arbitral awards. Finally, this paper concludes with the methods of the implementation of such balanced approach.

• Journal of Arbitration Studies
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• v.25 no.3
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• pp.33-58
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• 2015

Arbitration clauses or institutional arbitration rules rarely, if ever, specify the law applicable to the arbitration agreement. A wide range of laws may thus govern this question, such as the law at the place of arbitration, the law where the agreement or the award is enforced or the law of the main contract between the parties. It is also conceivable that international uniform law or soft law may play a role. Tribunals and courts seized with this question must consequently decide which of these various laws shall apply to verify the existence and validity of the arbitration agreement. This paper picks up on this controversially debated conflict of laws issue. At times, this debate is characterized by a strong divide between arbitration and international trade law practitioners. But are the different approaches really leading to diverging results in arbitral practice?

• Smart Structures and Systems
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• v.21 no.2
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• pp.225-234
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• 2018

E-Health allows you to supersede the central patient wireless healthcare system. Wireless Body Sensor Network (WBSN) is the first phase of the e-Health system. In this paper, we aim to understand e-Health architecture and configuration, and attempt to minimize energy consumption and latency in transmission routing protocols during restrictive latency in data delivery of WBSN phase. The goal is to concentrate on polling protocol to improve and optimize the routing time interval and schedule communication to reduce energy utilization. In this research, two types of network models routing protocols are proposed - elemental and clustering. The elemental model improves efficiency by using a polling protocol, and the clustering model is the extension of the elemental model that Destruct Supervised Decision Tree (DSDT) algorithm has been proposed to solve the time interval conflict transmission. The simulation study verifies that the proposed models deliver better performance than the existing BSN protocol for WBSN.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.3-39
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• 2011

People may operate unmanned aerial vehicles (UAVs or drones) thousands of miles from the drone's location. Drones were first used (like balloons) for surveillance. By 2001, the United States began arming drones with missiles and using them to strike targets during combat in Afghanistan. By mid-2010, over forty states and other entities possessed drones, many with the capability of launching missiles and dropping bombs. Each new development in military weapons technology invites assessment of the relevant international law. This Insight surveys the international law applicable to the recent innovation of weaponizing drones. In determining what international law rules govern drone use, the most salient feature is not the fact that drones are unmanned. The fact drones carry no human operator may be the most important new technological breakthrough, but the key feature for international law purposes is the type of weaponry drones carry. Whether law enforcement rules govern drone use depends on the situation and not necessarily who is operating the drone. Battlefield weapons may also be lawfully used before an armed conflict in the following situations: when initiating self-defense under Article 51 of the United Nations Charter; when authorized by the UN Security Council; when a government seeks to suppress internal armed conflict; and, perhaps, when a state is invited to assist a government in suppressing internal armed conflict. The rules governing resort to force in self-defense are found in Article 51 of the UN Charter and a number of decisions by international courts and tribunals. Commentators continue to debate whether drone technology represents the next revolution in military affairs. Regardless of the answer to that question, drones have not created a revolution in legal affairs. The current rules governing battlefield launch vehicles are adequate for regulating resort to drones. More research must be undertaken, however, to understand the psychological effects of deploying unmanned vehicles and the effects on drone operators of sustained, close visual contact with the aftermath of drone attacks.

• Journal of International Area Studies (JIAS)
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• v.14 no.2
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• pp.449-476
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• 2010

This paper focuses on the security problems in atlantic ocean involved in the USA and Latin America and the Caribbean. The ocean security matters in this region have mainly argued military concerns traditionally. However, the concept of ocean security has been changed in the 21st century and strongly debated with various dimensions: social, human and resource, environment as well. This paper traces these changed concepts currently with many empirical cases existed in many security conflicts in this ocean, especially between the USA and Latin(South) America region. Historically, security conflicts in the OAS(Organization of American States) countries have involved with many military matters, territory and oceans, and currently added up with terrorism and drug problems as well. However, the great and potential conflict emerged in the security issues is resource matter in this ocean and get a dilemma to be sorted out between military and social security matter. For example, the re-establishment of 'the 4th Fleet' in US Navy got a great conflict between the USA and the South American countries, both of them wants to achieve to resource security in this ocean to meet their energy security. Finally this paper addresses some implications and prospects in this conflict in near future and suggests a few solutions and advices for Korean's relation in this ocean.

• International Commerce and Information Review
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• v.13 no.1
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• pp.245-270
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• 2011

It is known that weak competitiveness of micro enterprises can be overcome when they are organized with enterprise associations, franchise systems, and joint affiliation. In this paper, we empirically analyze the determinants of organization of micro enterprises, and propose the policy implementations to enhance the competitiveness of micro enterprises as a measure to reduce trade conflict due to SSM entry restrictions. Logit estimation results based on survey data consisted of 467 samples, show that insufficient labor force and high material costs had negative effects on organization. The unexpected findings generally support the rationale that organization is not helpful to solve insufficient labor force and high material costs. However, the decrease in sales due to the economic recession and the decreasing number of customers due to customer transition to large enterprises had a more positive effect on organization than usually expected. There are differences in estimation results between two types of business(restaurants and retail). In case of the restaurant business, insufficient labor force, high material costs and a decreasing of number of customers are important factors for organization, while the sales decrease is a relatively important factor in the case of retail businesses.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.213-233
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• 2012

International Hull Clauses(IHC(2003)) which have replaced the old system, Institute Time Clauses, Hull(ITCH), used more than 100 years in the shipping industry that did not fit the reality of the market and customs was announced in 01/11/2003 and was intended to supplement the existing issues to reflect the terms that had been used. IHC(2003) was composed of systematical and logical phrases to minimize the conflict which happened between the insured and the insurer after the incident. But IHC(2003) is being ignored by both the insured and the insurer in the shipping industry due to the differences in both positions. In addition, the studies about IHC(2003) in local academics are very low and many companies in the shipping industry are using both systems, IHC(2003) and ITCH so the usage of IHC(2003) is not so activated. Thus, this study will examines the main features and the compositions of IHC(2003) and compare IHC(2003) with ITCH(1983) in some provisions in both systems and then derive some similarities from the both systems and finally would suggest the necessity and validity of active use of IHC(2003).