• Journal of Arbitration Studies
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• v.12 no.1
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• pp.3-54
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• 2002

When the ruling of Foreign Arbitral Awards contradicts the public policy of the enforcement state, it can be a ground for a refusal to enforce the ruling. New York Convention V section 2, UNCITRAL section 36, and Korean arbitration law section 36 confirm this principle. The final ruling of international arbitral awards should be respected according to the international convention or the principle of reciprocity, which cancel out the above principle: when the ruling contradicts the country's public policy, it can be refused to enforcement. Since the Helsinki General Convention, ILA have studied upon it and presented the final report and recommendation during the 2002 New Delhi General Convention. In it, firstly, the finality of awards rendered in the context of international commercial arbitration should be respected save in exceptional circumstances. Secondly, every state is recommended the “international public policy”, on which it can refuse to follow the ruling of international arbitral awards, and advised to respect it as far as possible.

• International Commerce and Information Review
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• v.8 no.1
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• pp.357-369
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• 2006

All over the country tries to clarify the content of 'Public Policy' in recognition and implementation of Foreign Arbitral Awards : it makes comments of the international consensus of Geneva Convention(1927), New York Convention(1958) and the UNCITRAL Model Law on Public Policy, and it takes a general view of domestic laws how they deal with Public policy and Foreign Arbitral Awards. Foreign Arbitral Awards should be appropriately respected and implementation by the courts of countries encourage parties in a legal procedure to refuse enforcement by invoking "Public Policy." In order to cope with such invocations, the purport of the above recommendation on Foreign Arbitral Awards should be internationally recognized and the exceptional circumstances should be restricted unless the International Court of Arbitral Awards is not established a Dr. Holtzmann/Schwebel brought forward. In this paper suggests the list of the exceptional circumstances. Korean Arbitration Law stipulates as the Civil proceeding Law did, "good morals and the social order of the Republic of Korea" as a ground for refusing enforcement of Arbitral Awards. Studies on counteraction against invocations of Public Policy to refuse enforcement of Foreign Arbitral Awards should be developed.

• Journal of Arbitration Studies
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• v.33 no.3
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• pp.31-68
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• 2023

In recent years, French courts have decided to adopt an uncompromising stance in the fight against corruption in international arbitration. While French enforcement/annulment courts were originally conducting a limited review of arbitral awards dealing with corruption allegations on international public policy grounds, they now carry a full re-examination of such awards accepting that a corruption plea be raised for the first time before them and admitting new evidence. What is at stake, in terms of international public policy, is to define the happy medium between, on the one hand, the necessity to preserve the enforceability of international arbitral awards, and, the necessity to fight corruption. This paper presents the evolution of French case law in the past years and makes a critical assessment of the French approach by comparison with other jurisdictions.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.47-70
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• 2022

This paper studies legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. It reviews current legislation and analyzes a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation. By doing so, it contributes to the knowledge on the concept of public policy in the Russian legal system and how public policy can affect the process of recognition and enforcement of foreign arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of the kinds of situation that can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court can be required to present existing court decisions in support of their claim or defence.

• International Journal of Computer Science & Network Security
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• v.22 no.8
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• pp.357-361
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• 2022

The paper demonstrates how the Islamic governments in the Islamic history derived the authority for regulations and laws from the Qur'ān and the Sunna (sayings of the Prophet). These two laws are sovereign over public policy. Then, it shows the obstacles that prevented modern Muslim countries from formulating public policy based on Sharia law.

• International Journal of Advanced Culture Technology
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• v.11 no.4
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• pp.358-377
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• 2023

During the initial period of the COVID-19 pandemic, governments around the world implemented non-pharmaceutical interventions. For these policy interventions to be effective, authorities engaged in the political discourse of legitimising their activity to generate positive public attitudes. To understand effective COVID-19 policy, this study investigates public attitudes in South Korea, the United Kingdom, and the United States and how they reflect different legitimisation of policy intervention. We adopt a big data approach to analyse public attitudes, drawing from public comments posted on Twitter during selected periods. We collect the number of tweets related to COVID-19 policy intervention and conduct a sentiment analysis using a deep learning method. Public attitudes and sentiments in the three countries show different patterns according to how policy interventions were implemented. Overall concern about policy intervention is higher in South Korea than in the other two countries. However, public sentiments in all three countries tend to improve following implementation of policy intervention. The findings suggest that governments can achieve policy effectiveness when consistent and transparent communication take place during the initial period of the pandemic. This study contributes to the existing literature by applying big data analysis to explain which policies engender positive public attitudes.

• International Journal of Computer Science & Network Security
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• v.21 no.9
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• pp.239-246
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• 2021

This article substantiates the scientific provisions for modelling the level of Ukraine's public financial security taking into account the impact of budget policy, in the process of which identified indicators of budget policy that significantly affect the public financial security and the factors of budget policy based on regression analysis do not interact closely with each other. A seven-factor regression equation is constructed, which is statistically significant, reliable, economically logical, and devoid of autocorrelation. The objective function of maximizing the level of public financial security is constructed and strategic guidelines of budget policy in the context of Ukraine's public financial security are developed, in particular: optimization of the structure of budget revenues through the expansion of the resource base; reduction of the budget deficit while ensuring faster growth rates of state and local budget revenues compared to their expenditures; optimization of debt serviced from the budget through raising funds from the sale of domestic government bonds, mainly on a long-term basis; minimization of budgetary risks and existing threats to the public financial security by ensuring long-term stability of budgets etc.

• Journal of Public Diplomacy
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• v.2 no.1
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• pp.28-42
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• 2022

The aim of this article is to rethink the role of international trade as a public diplomacy tool by considering the uncertainties that stem from political tensions. The main contribution made in this article is theoretical rather than statistical. However, we analyze trade and public opinion data to study the relationship between both factors. Using Latinobarometer, a cross-sectional survey that collects public opinion data from Latin America, this article analyses public opinion toward the United States and China. One of the main takeaways from this study is that, despite its potential to showcase political stability, public diplomacy undervalues 'unintended consequences' of international trade relations. This article takes up international trade as an unintended, but arguably effective, resource to be developed for the practice of public diplomacy. Findings presented in this article do not claim causation between trade and opinion, something that can be explored by further research, but rather introduce new questions for further research on the public diplomacy of trade relations.

• International Journal of Computer Science & Network Security
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• v.22 no.11
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• pp.57-62
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• 2022

Today, in many countries of the world, the problems of forming and implementing anti-corruption policies are among the most pressing, since the scale of the spread of corruption poses a real threat to national security and democratic development. Without a victory over corruption as a system of social relations, any country will never be able to ensure the safety of its citizens, have a high standard of living, build an efficient economy and a democratic state based on the rule of law, protect its sovereignty, and become competitive among the developed countries of the world community. The main purpose of the article is to analyze the key aspects of the anti-corruption policy of ensuring public order in the state security system. The research methodology includes methods for researching aspects of the anti-corruption policy of ensuring public order in the state security system. Based on the results of the study, the main aspects of the anti-corruption policy of ensuring public order in the state security system are characterized.

• International Journal of Contents
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• v.8 no.2
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• pp.75-81
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• 2012

This study explores the important causal relationship between the public (domestic) and trade (international) disputes of South Korea and China. To understand the relations between the domestic and international disputes, Putnam's study of the two-level game theory has been conducted in order to analyze the effect of complicated social and political frameworks on international trade disputes. Due to the social and political differences between South Korea and China, this study provides three findings based on negotiation, policy, and strategic approaches.