• Title/Summary/Keyword: International Legal Bases

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Ways of Integration of Media and Educational Space: Problems and Solutions

  • Bordeniuk, Serhii;Nebera, Pavlo;Priadko, Oleksandr;Timlin, Eduard;Khymych, Anatolii
    • International Journal of Computer Science & Network Security
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    • v.21 no.12
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    • pp.61-64
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    • 2021
  • The work is devoted to the problem of modernization of the higher education system of Ukraine through the integration of higher education institutions into the European Higher Education Area. Based on the analysis of statistical data, a conclusion was made about the collapse of the higher education system of Ukraine due to a number of problems, which negatively affects the formation of human capital. The importance of international cooperation with the EU in the field of education for the modernization of higher education is substantiated. The institutional principles of formation are investigated, the main priorities of its development at the present stage are determined. The legal bases of European integration of higher education in Ukraine are analyzed. An analysis of the development of international cooperation of Ukrainian universities and their participation in European educational programs. There is a positive tendency to increase the activity of Ukrainian universities in international cooperation, which increases their position in international rankings. Weaknesses of integration processes are revealed and directions of improvement of higher education are offered.

Revitalization of the Korean Small/Medium Sized Construction Firms for Venturing into International Market (국내 중소규모 건설업체들의 해외진출 활성화에 관한 연구)

  • Chung, Yeon-Il;Park, Hee-Dae;Kim, Du-Yon;Han, Seung-Heon
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2006.11a
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    • pp.402-407
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    • 2006
  • The small/medium sized firms have big part and affect a national economy in the world. They underestimated in market until now make big change by standing out in international market. The Korean small/medium sized firms also get out of a domestic market stagnated and try to make inroads into international market. Especially, the Korean small/medium sized construction firms have very huge potentiality in international market globalized rapidly. But, the role of these firms actually have been insignificant in international market until now. This paper tried to present the alternatives to revitalize the overseas expansion of the Korean small/medium sized construction firms which have the potentiality. It analyzed the international contract trend of advanced construction firms to classify each group by using ENR data from 1996 to 2005, and presented the new standard of the Korean small/medium sized construction firms according to international contract portion, data, and legal bases. Finally, it used the expert interview method to refer to the revitalization of making inroads into international market.

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Aircraft Crime and the Damage Relief (항공 범죄와 그 피해구제)

  • Kim, Sun-Ihee;Ahn, Jin-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.3-35
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    • 2009
  • A concept of Aircraft crime includes an Air range, unlawful seizure of aircraft and unlawful acts against the safety of civil aviation. There are international treaties and conventions which have mainly been enacted by ICAO. The following treaties and conventions are categorical and unconditional norms that any States are clearly condemned. Convention on Offences and Certain other Acts Committed on Board Aircraft, Convention for the Suppression of Unlawful Seizure of Aircraft, Convention for the suppression of unlawful acts against the safety of civil aviation, Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Convention on the Marking of Plastic Explosives for the Purpose of Detection In this essay, I present the meaning of the aircraft crime mentioned on the treaties above and jurisdiction of the crime. Moreover, I explain how to demand reparation for damages onboard or on the surface when an aircraft crime is occurred. Lastly, I indicate legal bases of how to protect the victims of the aircraft crime by mentioning specific cases relating to the crime.

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Localization of the Rural Development Policy (농촌지역 개발정책의 지방화 방향)

  • Choi, Chan-Ho
    • Journal of Agricultural Extension & Community Development
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    • v.4 no.1
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    • pp.57-72
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    • 1997
  • Korean agriculture and rural sector has undergone a wide range of reform after the Uruguay Round. Major policy measure is to put finances of huge budget from tax payers since 1994 in preparation of the Rural Development Strategy and Reform Program. Both in the total amount and individual size of the subsidy and loan for eligible farmers and farmers group are large and drastically enormous than any other programs in the past. The strategy adopted was a bottom-up approach, Particularly in selecting the project with local autonomy. However, it has been still criticized as the form of centralized control of budget and decsion. In terms of the program effectiveness too, it is doubtful to judge that Korean agriculture is in a road to getting the international competetiveness as targeted. Since the local autonomy was started in 1995, the political structure has been settling in a way to be more locally institutionalized. Rural development policy, as the key point of economic and industrial dimension of local autonomy, should be initiated and practiced in real term by the local government. This paper, in this concern, in reviewing the past rural development prolicy and programs, discussed the necessary issues relevant to legal bases of land uses in Korea. Further, the direction of increasing local automous power of local government was discussed in the senses of budgetary control and decision. The power and budget should be allocated more to the rural development plans of local government in order to fulfilize integrated rural spatial development in this new era of globalization.

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Disability-Rights Based International Cooperation: With Some References to North Korea (장애 권리 기반한 국제협력: 북한 관련하여)

  • Kim, Hyung Shik;Woo, Joo Hyung
    • 재활복지
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    • v.22 no.2
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    • pp.1-30
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    • 2018
  • This paper attempts to explore the place of human and disability rights from the perspective of Social Welfare within the context of the UN Disability Rights Convention of 2006. The overall discussion is focused especially upon the situations of human and disability rights in the Democratic People's Republic of Korea (North Korea) as it is being challenged to drastically address the issues of human rights in general, and disability rights in particular. The UN Disability Rights Convention challenges every ratified State party to commence legal reforms, legal harmonization, and policy and program developments to implement the Convention. Both North and South Korea are not exceptions to this. Even without drawing upon the UN's the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, the dire situation of human rights in North Korea is well documented. However, this paper does not assume South Korea's human rights are any way superior to that of North Korea. This paper spells out areas for further action common to two Koreas and to any other nations for that matter. Apart from the general discussion on disability rights, the distinctive contribution of this paper lies in the fact that it has endeavored to draw upon any latest information and data on North Korea. It relied on various sources from UN and also from North Korea itself. One can note that North Korean disability authorities are making strenuous efforts to improve human rights of persons with disabilities in their desires to seek assistance from outside. It also shows an enormous need for international cooperation in seeking financial and material supports. This paper notes the latest political development between North and South Korea in taking "phased" steps for peace and stability as a positive sign for North and South Koreans' DPOs collaboration under the banner of International Cooperation of the article 32 of the UN Disability Rights Convention. More critically, this paper points to the further need to improve the overall data bases to ensure balanced legal reforms, policy developments and sharpen the areas of international collaboration.

Legal Bases and Cases for the Form Requirement under PICC (국제상사계약에 관한 일반원칙(PICC)하에서 계약의 형식요건에 관한 법적 기준과 판결례)

  • Shim, Chongseok
    • International Commerce and Information Review
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    • v.18 no.4
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    • pp.143-164
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    • 2016
  • PICC are dealing with form requirements of international commercial contract under writings in confirmation, conclusion of contract dependent on agreement on specific matters or in a particular form, contract with terms deliberately left open, merger clauses, modification in a particular form. If a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. A contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated.

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Exchange & Cooperation on Inter-Korean Performance Program, and Copyright Law Issues - Focused on Performance-Related Clauses in the North Korean Copyright Act - (남북한 공연프로그램 교류협력과 저작권법상의 문제 - 북한 저작권법상 공연관련 조항을 중심으로 -)

  • Lee, Chan-Do
    • Journal of Korea Entertainment Industry Association
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    • v.13 no.1
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    • pp.11-24
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    • 2019
  • In this article, potential problems in the exchanges and collaboration of South and North Korean performance programs were reviewed focusing on the articles related to performances in the North Korean copyright law. In the North Korean copyright law, there were significant differences from the ordinary rules in the international society or lack of the rules. They are the problems on the bases and principles of North Korean copyright law, unacceptance of copyrightable works against their political system, equal and mutual benefit on the copyright of the South Korean copyrightable works, neighboring copyright and economic right, unlimited protection for moral right, unpreparedness of right protection for online copyrightable works, and so on. On the other hand, the available performance programs to exchange mutually between South and North in the short run include national operas, dramas, musicals, festival events, and so on. However, legal and systematic improvement plans are required on the different copyright rules between South and North to facilitate the exchanges and cooperation. Externally, collaborations are required in the international copyright stage such as collaborative agreements on various international copyright usages, and we should consider the global entrance of performance programs that contain national sentiment and develop mutual trusts through these.

A Study on the Meaning of Outer Space Treaty in International Law (우주조약의 국제법적 의미에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.223-258
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    • 2013
  • 1967 Outer Space Treaty(Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; OST) is a treaty that forms the basis of international space law. OST is based on the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space announced by UNGA resolution. As of May 2013, 102 countries are states parties to OST, while another 27 have signed the treaty but have not completed ratification. OST explicitly claimed that the Moon and Other Celestial Bodies are the province of all mankind. Art. II of OST states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means", thereby establishing res extra commercium in outer space like high seas. However 1979 Moon Agreement stipulates that "the moon and its natural resources are the Common Heritage of Mankind(CHM)." Because of the number of the parties to the Moon Agreement(13 parties) it does not affect OST. OST also established its specific treaties as a complementary means such as 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention. OST bars states party to the treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However OST does not prohibit the placement of conventional weapons in orbit. China and Russia submitted Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT) on the Conference on Disarmament in 2008. USA disregarded PPWT on the ground that there are no arms race in outer space. OST does not have some articles in relation to current problems such as space debris, mechanisms of the settlement of dispute arising from state activities in outer space in specific way. COPUOS established "UN Space Debris Mitigation Guidelines" based on "IADC Space Debris Mitigation Guidelines" and ILA proposed "International Instrument on the Protection of the Environment from Damage Caused by Space Debris" for space debris problems and Permanent Court of Arbitration(PCA) established "Optional Rules for Arbitration of Disputes Relating to Outer Space Activities" and ILA proposed "1998 Taipei Draft Convention on the Settlement of Space Law Dispute" for the settlement of dispute problems. Although OST has shortcomings in some articles, it is very meaningful in international law in considering the establishment of basic principles governing the activities of States in the exploration and use of outer space, including the Moon and Other Celestial Bodies. OST established the principles governing the activities of states in the exploration and use of outer space as customary law and jus cogens in international law as follows; the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind; outer space shall be free for exploration and use by all States; outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The principles of global public interest in outer space imposes international obligations erga omnes applicable to all States. This principles find significant support in legal norms dealing with following points: space activities as the "province of all mankind"; obligation to cooperate; astronauts as envoys of mankind; avoidance of harmful contamination; space activities by States, private entities and intergovernmental organisations; absolute liability for damage cauesd by certain space objects; prohibition of weapons in space and militarization of the celestial bodies; duty of openness and transparency; universal application of the international space regime.

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