• 항공우주정책ㆍ법학회지
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• 제spc호
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• pp.105-135
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• 2007

운송장비의 국제담보권에 관한 협약 및 항공기 장비에 특유한 사안에 관한 운송장비의 국제담보권 협약 의정서가 UNIDROIT 및 ICAO의 공동 후원 하에 케이프타운에서 개최된 외교회의에서 2001년 11월 16일 채택되었다. 케이프타운 협약 및 의정서는 2006년 3월 1일 발효되었다. 케이프 타운 협약 및 의정서는 국제등록에 의하여 지지 될 항공기 장비의 저당, 소유권유보 및 리스 담보권의 설정, 완성 및 우선권에 관한 국제 법적 제도를 규정하고 있다. 이 논문의 목적은 케이프타운 협약 및 의정서의 목적 및 원칙을 설명하고, 케이프타운 협약 및 의정서상 항공기 장비의 국제담보권 및 그들의 보호를 위한 국제등록에 관한 조항들을 검토하고, 그리고 한국의 케이프타운 협약 및 의정서 가입상의 문제점에 관하여 논의하는 것이다. 이 논문의 예상되는 결과로는, 효과적 방식으로 고가 또는 특히 경제적 중요성이 있는 항공기 장비의 취득 및 이용의 금융을 촉진하고, 매년 매우 많은 금액의 금융비용을 절약하는데 기여할 것이며, 또한 항공기 장비의 국제담보권이 전세계적으로 인정되고 보호 될 것이다.

• 정보학연구
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• 제3권4호
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• pp.107-128
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• 2000

세계각국은 컨벤션산업을 21세기 성장을 주도하는 전략산업으로 집중 육성하고 있다. 그러나 우리 나라의 컨벤션 산업은 대형 컨벤션센터의 부재, 국제회의 전문인력의 부족, 국제회의 관련 업의 수도권집중, 항공노선의 부족, 관련업계와의 공조체제 부족, 국제회의정보 부족 등 많은 현안 문제가 있을 뿐 아니라 국제회의 전용시설이 전혀 없는 게 현실이다. 따라서 국가의 이미지 제고, 국제 교역 활성화, 지역개발촉진, 고용기회확대, 세수증대라는 광범위한 파급효과를 가져오는 컨벤션 산업의 육성을 위하여 국내 컨벤션 산업의 실태를 분석하고 그 문제점을 파악하여 개선방안을 제시하는데 목적을 둔다.

• International Journal of Advanced Culture Technology
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• 제12권1호
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• pp.299-304
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• 2024

Human rights problem of refugee is the most important task to be solved in the international society. The United Nations High Commissioner for Refugees (UNHCR) was established in 1950, with the need for cooperation in the face of the European refugee crisis. In 1951, 'The 1951 refugee convention' was signed for the protection of all refugees. Since the 1951 Refugee Convention, a legal framework has been established for responding to refugees. However, the discrimination and persecution of refugees are still lingering. The interest and the political will of many people in the world are needed to solve this problem. This article analyzes what efforts should be made with respect to human rights issues. This article concludes that, when comparing refugee acceptance and Korea, Korea needs to look at the common denominator of refugee law, human rights law, and international humanitarian law while looking at the treatment of refugees and displaced people from an inclusive approach, and reorganize law and policy. Since Korea is expected to gradually require inclusive policies, Korea should also supplement the legal system and take an inclusive approach. Although Korea as a member of the Refugee Convention, the Geneva Convention, and the Supplementary Protocol, has an obligation to enact domestic implementation laws, it does not reflect all of the obligations required by these conventions, so reorganization is needed.

• 무역상무연구
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• 제20권
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• pp.467-493
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• 2003

There are situations in e-commerce that are altogether new and to which the existing rules cannot apply. The uncertainty and business risk is too high for trading partners to deal with certainty. Therefore existing law must be changed to e-commerce law so that it provides certainty and enforceability in the e-commerce. Legal rules applying to the commerce and international commerce, in particular, contracts, proper law, jurisdiction and so on, have improved with time and experience. It has been found that the problems arising in the context of e-contracting were due to the absence of experience in electronic contracting and an absence of knowledge on how best to solve the problems. Thus, UNCITRAL Working Group on Electronic Commerce held an extensive discussion on issues related to electronic contracting and prepared and revised the Preliminary Draft Convention on International Contracts Concluded or Evidenced by Data Message from the thirty-ninth session in 2002 and prepared the Draft Convention from forty-first session which applies to international contracts concluded or evidenced by means of data messages. An electronic contract is concluded when the acceptance of an offer becomes effective, and an offer becomes effective when it is received by the offeree, and an acceptance of an offer becomes effective when the indication of assent is received by the offeror according to this Convention. Electronic contract may be concluded by the interaction of an automated computer system and natural person or by the interaction of automated computer systems, and a contract formed by a natural person that accesses an automated computer system of another person has no legal effect in case the neutral person made a material error in a data message. The purpose of this paper is to raise the understanding of the Convention on the Electronic Contracting by studying the contents of Draft Convention on Electronic Contracting and comparing Draft Convention with preliminary Draft Convention and finding the difference, characteristics and problem.

• 한국중재학회지:중재연구
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• 제20권3호
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• pp.3-24
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• 2010

In the approaching 21th century, the outstanding development in international trade and commerce has established arbitration as the preferred form of dispute resolution on international business transaction. Because the form of commercial dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem simultaneously. In this article, the author discusses various issues on the recognition and enforcement of an foreign arbitral awards under Korean Arbitration Act, which is modeled after the Model Law on International Commercial Arbitration of the UNCITRAL of 1985. The Dec. 31, 1999 amendment to the Korean Arbitration Act admits the basis for enforcement of foreign arbitral awards rendered under United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958(commonly known as the New York Convention). Korea has acceded to the New York Convention since 1973. When acceding to the convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of anther Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provision relating to the enforcement of arbitral awards falling under the New York Convention consists of Article III, IV, V. In particular, Article V of the New York Convention enumerates the grounds for refusal of recognition foreign arbitral awards. The grounds are separated into two categories : One that abides by procedures and the others are based on national legal sovereignty. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of awards. Because Korea requires enforcement to be based on a judgement, the result is that arbitral of award holders are forced to institute domestic litigation.

• 한국항해학회지
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• 제5권1호
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• pp.37-48
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• 1981

There are more damages from collision at sea because of the multiple reasons of sea conditions. For the purpose of avoiding collision at sea, Internaitonal Regulations for Preventing Collision at Sea, 1972 as an international convention is in force having the nature of international navigating law. According to the nature of the convention and the principle of legislation of the convention, not only it has the preventing nature on collision but it is a basic rules to make clear the faults of collision between vessels by the admiralty court in the developed maritime countries. Since there is no so much case law on it in this country and not to fixed the legal theory to define the faults of collision in civil law as per the above convention, the further study of the civil liability on collision based upon the above convention shall be recognized in the principle of fair of the civil law.

• 한국중재학회지:중재연구
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• 제32권2호
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• pp.55-83
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• 2022

The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention) results in new challenges to the area of international dispute resolution by providing the enforcement regime for mediated settlement agreements, which have not been admitted as enforceable in some civil law countries, including Korea and Japan. Japan has struggled to promote international arbitration and international mediation, and such efforts were accelerated by the adoption of the Singapore Mediation Convention in 2018. In order to standardize arbitration proceedings and promote the practice of international arbitration, Japan produced two noticeable results: the new JCAA Arbitration Rules and the amendment to the Arbitration Act of Japan. In addition to that Expedited arbitration procedure and Interactive Arbitration Rules of JCAA present the new possibility of international arbitration procedure for civil law practitioners, the amendment to the Arbitration Act of Japan suggests significant implications to Korea for its manifest provisions regarding enforcement requirements and proceedings and its protection of Access to Justice for foreign law practitioners.

• 한국항해학회지
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• 제19권4호
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• pp.9-40
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• 1995

Since Korean Seamen Act(herein after called "the Act") has been legislated in 1962, an amendment of the Act has duly performed several times in order to meet an essential guideline of appropriate international convention and practical requirement of domestic labour movement. As the Act in many area, is based on the application of international convention and regulations, it has been considered essential to call attention to such international rules, to emphasize their importance, and to indicate how and to what extent they may be incorporated in national law, in accordance with national constitutional rules and requirements. Of newly amended act in 1991, it could, however, not fully reflect an adequate and modern labour standard as a guideline of the convention. Therefore, a principal objective of this paper is to provide a comprehensive reference work to assist amending up-to-data seamen act against the Act. The guidelines, however, do not attempt to suggest or formulate a legislative programme, but rather provide an ordered and specific content corresponding to international convention adopted by ILO. Consequentially, these guidelines aim to direct the reader and legislator toward the sources and contents of what has come to constitute an international code of maritime labour standards. The guidelines described herein may also serve as a specific arrangement to the various kinds of legal aspects to be regulated through reasonable future amendment under amicable agreement between interesting parties.g parties.

• 해양환경안전학회:학술대회논문집
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• 해양환경안전학회 2008년도 춘계학술발표회
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• pp.5-10
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• 2008

최근 국제해양환경협약은 채택의 용이성과 함께 실효성의 확보를 위하여 본 협약은 골격협약(Framework Convention)의 형태로 일반적인 원칙과 의무의 틀만 규정하고 세부적인 내용은 부속서(Annex)나 지침서(Guideline) 등의 형태로 규정하는 과정을 택하고 있다. 그 결과 해양환경 관련 조약들은 단순히 협약의 채택으로서 그 내용이 결정되는 것이 아니라 계속적인 부속서나 지침서 등의 제정 및 개정으로 끊임없이 그 내용이 변화되는 과정을 겪고 있다. 따라서 최근의 국제해양환경협약들을 전체 흐름으로 이해하기위해서는 최근에 나타나는 조약의 연속적 제정과정에 대한 이해가 필요하다. 따라서 본 연구에서는 이러한 일련의 과정과 그 원인에 대하여 살펴보고 이러한 관점에서 현행 국제해양환경협약들의 구조를 분석하여 지속적으로 변화되는 관련 협약들을 이해하는 바탕이 되게 한다.

• Ocean and Polar Research
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• 제28권3호
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• pp.273-285
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• 2006

As the political arguments on international power concept has gradually been deepened, the role of international regimes, defined as principles, norms, rules, and decision-making procedures around which nation-actors' expectations converge in a given issue-area, has also been reinforced. There are many ways of understanding about international regimes. In terms of realistic theories, international regimes are one of methods of maintaining hegemonic power order of hegemonic nation and in terms of liberalistic theories, international regimes are understood as the products of mutual inter-dependence of nations in changing international society. As a matter of fact, if we take structural causes and regime consequences into severe consideration, we can find not a few characteristics of international regimes, such as security regime, world trade and fiance regime, ocean regime, environmental regime, human right regime, etc. This paper will examine the changing concept of power after World War II in three categories of hard power (military power), meta power (regime creating power), and soft power (advanced in cultural, diplomatical, and technological power). This paper will provide the evidence of why the changing power concepts will be strongly related with the emergence of international regimes. The UN convention on the law of the sea will chosen as a standard case of the ocean regime and it's regime structure and role will also be analysed in both realistic :md liberalistic theories. Futhermore, the nations' interests involved in the UN convention on the law of the sea will be analytically classified and finally a future prospectus of the UN convention on the law of the sea as an ocean regime will be tested.