• Title/Summary/Keyword: International Conflict

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Code for Unplanned Encounters at Sea(CUES): Its Limitation and Recommendations for Improvement (해상에서의 우발적 조우 시 신호 규칙(CUES)의 제한점과 개선을 위한 제언)

  • Oh, Dongkeon
    • Strategy21
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    • s.44
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    • pp.323-351
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    • 2018
  • Adopted in Western Pacific Naval Symposium(WPNS) 2014, Code for Unplanned Encounters at Sea(CUES) has been the most valuable output of WPNS history. Written and suggested by Australian Navy in 1999, the goal of CUES is to decrease the possibility of the naval conflict by establishing the code among international navies in the Western Pacific region. Facing many oppositions and requirement of People's Liberation Army Navy(PLAN) in WPNS 2012 and 2013, but it finally adopted in WPNS 2014, with many changes in detailed provisions. From then, navies in the Western Pacific region have followed CUES to prevent maritime conflicts in the region, CUES, however, sometimes does not work correctly. Contents of CUES is the mixture of the parts of Multinational Maritime Tactical Signal and Maneuvering Book(MTP) and International Regulations for Preventing Collision at Sea 1972(CORLEGs). There are means of radio communications such as frequency and signals, instructions for maneuvering and so on. Thus, it is not a new document for the U.S. Navy and its allies, but it requires training to implicate at sea for navies other than U.S. allies, like PLAN. Lots of provisions in CUES were changed because of the opposition of PLAN, and CUES has many shortcomings and practical limitations. First, since CUES is non-legally binding, and there are no methods to force the naval assets on the sea to follow. Second, CUES is only applied to naval assets; naval ships - warships, naval auxiliaries, and submarines - and naval aircraft. Third, the geographical scope in CUES is not clear. Fourth, there is no provision for submerged submarines. Finally, CUES has no time-based framework or roadmap for training. In this regard, there would be six recommendations for improvement. First, CUES should be reviewed by WPNS or other international institutions, while keeping non-binding status so that WPNS could send signals to the navies which do not answer CUES on the sea. Second, the participation of Maritime Law Enforcements(MLEs) such as coast guard is inevitable. Third, navies would use full text of MTP rather than current CUES, which extracts some parts of MTP. Fourth, CUES needs provisions with respect to submerged submarines, which recognizes as offensive weapons themselves. Fifth, the geographic scope of CUES should be clear. Since there are some countries in which claim that a rock with a concrete structure is their territory, CUES should be applied on every sea including EEZ and territorial seas. Finally, the detailed training plan is required to implicate CUES at sea. Rim of the Pacific (RIMPAC) is a good exercise to train CUES, because almost all WPNS member countries except six countries are participating in RIMPAC. CUES is a meaningful document not only for navies but also for nation-states in the region. To prevent escalation of conflict in the region, potentially caused by an unplanned collision at sea, CUES should be applied more strictly. CUES will continue to be in subsequent WPNS and therefore continue to improve in the effectiveness as both an operational and diplomatic agreement.

A Study on the Integrated Management Systems Establishment and Operation of the KS, QMS and EMS (KS, QMS, EMS 통합경영시스템 구축 및 운영에 관한 연구)

  • Kim, Kwang-Soo;Lee, Sang-Hun;Chung, Sun-Seok
    • Proceedings of the Safety Management and Science Conference
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    • 2010.11a
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    • pp.175-189
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    • 2010
  • With the foundation of the WTO in 1995, the era of boundless and unlimited competition between many of the countries around the world has begun. In order to elevate the competitiveness in the international market, we have incorporated the QMS and the EMS system, establish by the International Standardization Organization, and the process has been operated under the authorization. However, many Korea companies' separate enforcement of the QMS and the EMS system is causing the dissipation of the labor force and the invested capital. As we can see through studying the contents on this paper, the number of documents has been reduced down to 54% (From 139 of them to 64 of them), and the conflict and the chaos that could have happened between the documents has been prevented. Its' outcome is attributed to the foundation and the embarkation on the Integrated Management Systems of the KS, QMS, and EMS. Not only that, it has also reduced the waste elements up to greater than 40%.

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PCA Ruling on SCS : Is it a Peaceful Solution or Cause of Military Tension? (남중국해 중재판결 : 군사적 분쟁 고조인가 국제법적 해결의 증진인가?)

  • Yang, Hee-Chuel
    • Strategy21
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    • s.40
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    • pp.144-161
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    • 2016
  • A unanimous Award has been issued on 12 July 2016 by the Arbitral Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration instituted by the Republic of the Philippines against the People's Republic of China. The current security issues in the regional sea shall be carefully reflected to anticipate whether the Award could resolve the existing political conflict or rather will grow military tension in the region. The Award clearly directs the scope of delimiting maritime jurisdiction to coastal States in the Southern China sea, so it seems to help facilitating finding resolutions of regional disputes on maritime boundaries. On the other hand, there are several limitations in reality to implementation of the decisions included in the Award. USA could use the decisions to restrict military activities and exercise of unilateral maritime jurisdiction by China in the region, while China shall encounter guilt to illegitimacy of its activities as well as shaking the legal foundation of its policy in the region. Then the resolution of this dispute through application of international law would rather cause more political confusion. The intension of bringing the case to an international court were to resolve political difficulties. If, however, the political difficulties are not properly reflected in the legal decisions, such decision would possibly raise more political risks.

Institutional definition instances and necessity of establishment about the geographical scope of the East Sea (동해 지리적 범위 사용 사례 및 정립 필요성)

  • KIM, Yun-Bae;KIM, Kuh
    • Journal of Fisheries and Marine Sciences Education
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    • v.27 no.5
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    • pp.1380-1394
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    • 2015
  • This paper deals with the geographical scope of the East Sea introduced by major domestic institutions. The East Sea surrounded by South Korea, North Korea, Russia, Japan has a variety of marine resources, and is the very appropriate natural laboratory to study future global changes as a miniature ocean. However, there is a continuous conflict between Korea and Japan over the name of the East Sea because of the nature of international waters. So we need the active research achievements based on the exact geographic knowledge of the East Sea to promote the legitimacy of the East Sea in the international community. Nevertheless each domestic institution has a different way to define the southern border of the East Sea so that it showed a difference about linear distance of up to about 44 km. Also, they have defined the scope of East Sea not as the entire East Sea surrounded by South Korea, North Korea, Russia and Japan but as the jurisdiction of the Republic of Korea. It caused serious confusion about accurate statistical knowledge about East Sea such as area, volume, and mean water depth. Therefore, clear social consensus about the geographical scope of the East Sea would be required, there is also the need to institutionalize a legal order to spread it.

A Study on the Requirements and Compliance Standard of a Presentation for Demand for Payment under URDG (URDG 하의 지급청구를 위한 제시요건과 그 일치성 기준)

  • Chae, Jin-Ik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.50
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    • pp.109-136
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    • 2011
  • Bank Guarantee system is commonly used as useful financial instruments to support various overseas and domestic business activities by providing bank guarantees. Therefore, it will be able to develop as a useful socio-economic useful system. However, some procedural problem can arise from the processes under demands for payment. Therefore, it is very important to review the requirements of the demand for payment and compliance standard for the examination of a presentation under the guarantee system. It is necessary to examine main issues under the revised URDG 758. The URDG introduced the same examination principle of "need not be identical to, but shall not conflict with' as that of UCP 600. The main changes of the URDG 758 like this imply the mitigation of the compliance standard for examination. So, This paper is to provide a comparative study of the regulations and laws for the examination standard and propose their implications and practical notes under bank guarantee system. For this purpose, this study will be examined the practical and legal issues focusing on the relative regulations of the revision URDG 758. It will also be reviewed and compared with the URDG, ISP98, UCP 600 and so on.

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A Phenomenological Study on the Stress Experience of Rural Mothers-in-Law with Highly Educated Foreign-Daughters-in-Law

  • Lee, Jeong-hwa;Jung, Yun-kyung
    • Journal of Korean Clinical Health Science
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    • v.5 no.4
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    • pp.1032-1039
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    • 2017
  • Purpose. The purpose of this study is to understand the stress of rural mothers-in-law by identifying the nature of their stress experiences with highly educated foreign daughters-in-law using phenomenological methods, and to provide basic data on nursing intervention plan. Methods. The method of this study is to first examine the relationship between marriage and marriage of highly educated immigrant women in Philippines, centered on the nuclear family, through literature reviews such as existing media reports, papers, books and reports, and then to analyze by using Colaizzi's phenomenological research methodology. Results. The results of this study were based on interviews with an elderly women who lives in a rural area and accepted a highly educated foreign daughter-in-law 10 years ago. The essential themes that fit into the context of the 4-existential grounds of Making an Inevitable Choice, Augmenting Conflicts, Expecting hope beyond the endless fence, Crisis in Crisis - Still my family Conclusions. Recently, interest in multicultural families and societies is growing, but there is little empirical study of the system for adopting international marriages, especially for rural mothers to live with foreign wives and to intake such cultural interactions.

Barrier Free Design Methods applied in Passenger Terminals based on Characteristics of Transportation Poor & Barrier Free Elements - Focused on the Gunsan International*Coastal Passenger Boat Terminal - (교통약자의 행동특성과 이동편의시설 설치요소를 통한 여객시설 디자인방법에 관한 연구 - 군산 국제·연안여객선 터미널을 대상으로 -)

  • Park, Byung Min;Shim, Eun Ju
    • Korean Institute of Interior Design Journal
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    • v.22 no.5
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    • pp.344-356
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    • 2013
  • Due to implementation of legislations for translation poor such as handicapped people, elderlies, children most public buildings are now integrating barrier free design methods. However, barrier free design is still considered as constraints of physical elements that only serve to meet functional aspects for minors and conflict with designs of the space. The authors believe that it is time that barrier free design is considered not as constraints but opportunities that both meet functional and aesthetical needs serving the growing population of transportation poor and others as well. This paper has looked into characteristics of transportation poor and barrier free design elements of passenger terminals and developed 4 categories of design methods. applied by using human sense, form, furniture, and architectural elements. Then the authors analyzed Gunsan International and coastal passenger terminal existing conditions which is considered to be designed to meet barrier free guidelines and legislations through the developed design categories and elements. The result turned out that the subject in regard of barrier free designs for transportation poor lack various applications such as forms that can be used as symbolic and directional elements that assists as wayfinding cues. Also, flexible and multi functional approaches in furniture arrangements, structural approaches are needed.

A Study on the Integrated Management Systems Establishment and Operation of the KS, QMS and EMS (KS, QMS, EMS 통합경영시스템 구축 및 운영에 관한 연구)

  • Kim, Kwang-Soo;Lee, Sang-Hun;Chung, Sun-Seok
    • Journal of the Korea Safety Management & Science
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    • v.12 no.4
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    • pp.229-238
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    • 2010
  • With the foundation of the WTO in 1995, the era of boundless and unlimited competition between many of the countries around the world has begun. In order to elevate the competitiveness in the international market, we have incorporated the QMS and the EMS system, establish by the International Standardization Organization, and the process has been operated under the authorization. However, many Korea companies' separate enforcement of the QMS and the EMS system is causing the dissipation of the labor force and the invested capital. As we can see through studying the contents on this paper, the number of documents has been reduced down to 54% (From 139 of them to 64 of them), and the conflict and the chaos that could have happened between the documents has been prevented. Its' outcome is attributed to the foundation and the embarkation on the Integrated Management Systems of the KS, QMS, and EMS. Not only that, it has also reduced the waste elements up to greater than 40%.

Major Legal Issues with Third Party Funding in International Investment Arbitration (국제투자중재에서 제3자 자금조달 제도의 주요 법적 쟁점)

  • Ahn, Keon-Hyung;Kim, Sung-Ryong;Joe, In-Ho
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.55-79
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    • 2013
  • As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

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Influence of Rehabilitation Therapists Six Personality Factors on Job Stress and Turnover Intention

  • Wang, Joong San;Park, Hyun Ju
    • Journal of International Academy of Physical Therapy Research
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    • v.9 no.3
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    • pp.1528-1532
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    • 2018
  • This study aimed to analyze the six personality factors of rehabilitation therapists and to identify the effects of these factors on their job stress and turnover intention. This study involved physical therapists and occupational therapists as rehabilitation therapists. A structured questionnaire was distributed to rehabilitation therapists, and 186 answered copies were used for data analysis. The results of the survey were as follows: Among the six personality factors, the rehabilitation therapists showed the highest level of honesty-humility and the lowest level of openness to experience. In terms of job stress, the subjects experienced the highest level of stress from job autonomy and the lowest level of stress from relationship conflict. In terms of turnover intention and work motivation reduction, the subjects scored above the median points, showing their high levels of turnover intention. In addition, higher levels of extraversion and agreeableness in the rehabilitation therapists led to a statistically significant reduction in their turnover intention and a statistically significant decrease in most of their job stress factors. Based on these results, organizational management aimed at increasing the personality factors of extraversion and agreeableness is necessary as a measure to effectively manage rehabilitation therapists' job stress and turnover intention.