• Title/Summary/Keyword: International regulation

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An Arbitral Case Study on Burden of Proof for Non-Conformity of Goods Under CISG

  • Kim, Eun-Bin
    • Journal of Arbitration Studies
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    • v.32 no.3
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    • pp.71-91
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    • 2022
  • The CISG does not stipulate the subject of the burden of proof, and in the arbitral award, the buyer is liable for proof compared to the seller for nonconformity of the product. Without a unified interpretation of the burden of proof of non-contractual goods, confusion of uncertainty may increase if the parties to the sale contract have a dispute due to the trade in goods. It is an important issue to create a unified regulation on this because the courts or arbitration agencies of the Contracting States of the CISG interpret and apply the "seller's obligation to conform to the goods contract" stipulated in this Convention in various ways. In this study, in the case of international Sales of Goods there is a tendency to prefer arbitration through arbitration agencies in the dispute, so the subject of burden of proof is analyzed through arbitration cases applied by CISG as the governing law. Most international commodity trading around the world is regulated by this Convention, but according to the rigid convention regulations, it is analyzed and interpreted through cases where this convention is applied to each country's international arbitration, suggesting the need for a rigid CISG revision.

A Study on Clean Bill of Lading under the Uniform Customs Practices

  • Jaesung LEE
    • East Asian Journal of Business Economics (EAJBE)
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    • v.11 no.4
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    • pp.29-39
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    • 2023
  • Purpose - Disputes arising from documentary letter of credit transactions are not decreasing. According to a statistical data from the ICC, 60-70% of letters of credit in use around the world, so, Incoterms rule specifically defines the bill of lading review procedure. Research design, data, and methodology - The refusal due to large or small inconsistencies in terms and conditions when first presenting documents with bill of lading. First of all, confusion was caused by the ambiguous regulation as the bill of lading is a document that serves as evidence of the transportation contract. Result - Bill of lading indicates the rights to the cargo as well as a bill of lading, which is evidence of a transportation contract concluded between carriers, is a document that allows a carrier to receive or ship cargo and ship it by sea. It is a security that promises to be delivered through transportation to the rightful holder of the bill of lading. Conclusion - Because of its importance, the Uniform customs practices for Letters of Credit stipulate acceptance requirements for transport documents, including bills of lading. In addition, the International Standard Banking Practices (ISBP) established by the International Chamber of Commerce also provide supplementary provisions.

A Study on the Analysis and Improvement of Medical Device Standards in Korea (국내 의료기기 표준 분석 및 개선에 관한 연구)

  • Yong Wan Kang;Kyung Ah Kim
    • Journal of Biomedical Engineering Research
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    • v.44 no.3
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    • pp.204-210
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    • 2023
  • This study focuses on analyzing medical device standards and regulatory requirements in the medical device industry, based on the Medical Device Act in Korea. The objective of this analysis is to determine whether the domestic standards for medical devices in Korea align with international and regional standards. Furthermore, it aims to identify the current application of domestic standards in ensuring the safety and essential performance of medical devices. The analysis revealed that out of a total of 281 domestic standards, 127 standards reference international standards. In terms of the application of domestic standards to specific items, there were 473 types of instruments/machines, 30 types of medical supplies, and 45 types of dental materials. However, the level of compliance with international standards among the domestic medical device standards was only 21%. Upon detailed analysis, general and collateral standards accounted for 24%, while particular standards accounted for 19%. This indicates a significant deviation from the latest international standards. On the other hand, the level of compliance with international standards was analyzed to be 60% for particular standards and 72% for general and collateral standards in Korean industrial standards (KS). Considering these results, the disparities between domestic standards and international standards underscore the need for discussions on domestic medical device regulation and standardization. In conclusion, this study emphasizes the significance of maintaining up-to-date medical device standards and ensuring their alignment with international standards to ensure the safety and quality of medical devices. The findings highlight the necessity for further efforts to strengthen the domestic standardization system in order to promote the development of safe and high-quality medical devices.

A Study on Co-movements and Information Spillover Effects Between the International Commodity Futures Markets and the South Korean Stock Markets: Comparison of the COVID-19 and 2008 Financial Crises

  • Yin-Hua Li;Guo-Dong Yang;Rui Ma
    • Journal of Korea Trade
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    • v.27 no.5
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    • pp.167-198
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    • 2023
  • Purpose - This paper aims to compare and analyze the co-movements and information spillover effects between the international commodity futures markets and the South Korean stock markets during the COVID-19 and the 2008 financial crises. Design/methodology - The DCC-GARCH model is used in the co-movements analysis. In contrast, the BEKK-GARCH model is used to evaluate information spillover effects. The statistical data used is from January 1, 2005, to December 31, 2022. It comprises the Korea Composite Stock Price Index data and daily international commodity futures prices of natural gas, West Texas Intermediate crude oil, gold, silver, copper, nickel, soybean, and wheat. Findings - The results of the co-movement analysis were as follows: First, it was shown that the co-movements between the international commodity futures markets and the South Korean stock markets were temporarily strengthened when the COVID-19 and 2008 financial crises occurred. Second, the South Korean stock markets were shown to have high correlations with the copper, nickel, and crude oil futures markets. The results of the information spillover effects analysis are as follows: First, before the 2008 financial crisis, four commodity futures markets (natural gas, gold, copper, and wheat) were shown to be in two-way leading relationships with the South Korean stock markets. In contrast, seven commodity futures markets, except for the natural gas futures market, were shown to be in two-way leading relationships with the South Korean stock markets after the financial crisis. Second, before the COVID-19 crisis, most international commodity futures markets, excluding natural gas and crude oil future markets, were shown to have led the South Korean stock markets in one direction. Third, it was revealed that after the COVID-19 crisis, the connections between the South Korean stock markets and the international commodity futures markets, except for natural gas, crude oil, and gold, were completely severed. Originality/value - Useful information for portfolio strategy establishment can be provided to investors through the results of this study. In addition, it is judged that financial policy authorities can utilize the results as data for efficient regulation of the financial market and policy establishment.

Integration of Logistics Systems of Developing Countries into International Logistics Channels

  • Hassan Ali Al-Ababneh;Ilona Yu. Dumanska;Ella M. Derkach;Anna V. Sokhetska;Liliia H. Kemarska
    • International Journal of Computer Science & Network Security
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    • v.24 no.7
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    • pp.87-100
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    • 2024
  • Modern logistics significantly influences the globalization and internationalization processes. Logistics systems are becoming increasingly important in today's rapidly changing environment. On the other hand, the development of global economic integration, business globalization contributes to the creation and development of international logistics systems and global supply chains towards the international market. The aim of the article was to investigate the national logistics systems of developing countries in the context of their integration capabilities. The main methods used in this study are statistical analysis, index, graphical and analytical methods, methods for estimating structural dynamic shifts, comparisons. Commonly used methods of economic research, as well as statistical analysis and interstate comparisons, economic modelling (trend analysis to determine the forecast level of LPI for Ukraine), etc. were also involved. It is noted that the problem of development of logistics systems in developing countries was insufficiently covered in scientific research. The study suggests that the integration capabilities of national logistics systems are determined by the logistics performance of each country and the favourable logistics environment for integration transformations. This allowed analysing the state of the logistics systems of Poland, Bulgaria, India and Ukraine, and identifying the factors that determine it. The logistics environment of Poland, Bulgaria, India and Ukraine, as well as the factors of its formation are evaluated. The components of the logistic portrait of the country in the context of integration capabilities of the logistic system are offered. Trend analysis of LPI was carried out on the example of Ukraine, which showed positive trends in the logistics system and allowed drawing conclusions about increasing integration into international logistics channels based on its geopolitical location, improving the characteristics of the logistics environment, including customs regulation, and improving the efficiency of the national logistics system. Prospects for further research involve studies of the impact of pandemics, globalization, digitalization on logistics systems, including that of developing countries.

A Basic Study on Securing Welfare Space in Crew Accommodation for Fishers Working in Coastal and Inshore Fisheries (연근해 어선원 복지 공간 확보를 위한 기초 연구)

  • KIM, Ki-Sun;HAN, Se-Hyun;CHO, Jang-Won
    • Journal of Fisheries and Marine Sciences Education
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    • v.29 no.3
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    • pp.811-821
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    • 2017
  • This paper intends to propose the direction for improving the welfare space in crew accommodation of fishing vessels engaged in coastal and inshore fishery business in order to solve the phenomenon which young fishers trend to avoid working on fishing vessels. Coastal and inshore fisheries are defined as permitted fisheries business under the Fisheries Act and classified into coastal fisheries and inshore fisheries based on a gross tonnage of 10 tons. Fisheries Act also stipulates the upper limit tonnage regulation and the restrictions on bottoms of fishing vessels permitted for coastal and inshore fisheries to protect fishery resources and to prevent overfishing. It is difficult to increase the welfare space in crew accommodation of fishers under such restrictions because the welfare space in crew accommodation could be secured by reducing the space for the strength of fishing. Therefore, this paper compares the revision trend of the international convention(The Work in Fishing Convention, 2007) and domestic laws on welfare space in crew accommodation of fishing vessels engaged in coastal and inshore fishery business to find out the problems and improvement points in securing the welfare space in crew accommodation of fishing vessels. As a result, it is proposed to revise the Enforcement Ordinance of the Fisheries Act so as to secure the welfare space in crew accommodation of coastal and inshore fishing vessels within the scope of maintaining the maximum allowable tonnage limit regulation by adding an exemption provisions of the restrictions on bottoms of fishing vessels in which case the gross tonnage is increased for securing the spaces for crew accommodation and sanitary facilities of fishers without increasing net tonnage where the bottoms of fishing vessels is increased by renovating or replacing the fishing vessels bigger than the bottoms of fishing vessels permitted within the scope of maintaining the maximum allowable tonnage limit regulation.

A Structural Equation Model of Professional Quality of Life for Nurses Working in Small and Medium Hospitals Who Have Experienced Violence (폭력을 경험한 중소병원 간호사의 전문직 삶의 질 구조모형)

  • Kang, Ae Jeong;Jeon, Mi yang
    • Journal of Home Health Care Nursing
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    • v.27 no.1
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    • pp.29-41
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    • 2020
  • Purpose: This study aimed to investigate the influence of post-traumatic stress on professional quality of life as mediated by cognitive emotion regulation among nurses working in small and medium hospitals who have experienced violence and to develop and test a structural equation model of that professional quality of life. Methods: Participants were 215 nurses who had experienced violence working in medium and small hospitals. They were surveyed using a structured questionnaire. Results: The final model was shown to have good fit with χ2 (2.83), GFI (.90), TLI (.90), and CIF (.90). Therefore, the model was selected as the final model, supporting 7 of the 11 hypotheses. Post-traumatic stress, adaptive emotional regulation, and maladaptive emotional regulation had significant impacts on empathy satisfaction (professional quality of life subscale) and empathy fatigue (subscale of professional life quality) among nurses who had experienced violence, and the explanatory power of these variables was 28.7% and 38.6%, respectively. Conclusion: In the development of nursing intervention programs to improve the professional quality of life of nurses who have experienced violence, factors such as post-traumatic stress and cognitive emotion regulation (adaptive and maladaptive) should be considered as they were identified in this study as influencing the professional quality of life of such nurses in medium and small hospitals.

Single-Phase Self-Excited Induction Generator with Static VAR Compensator Voltage Regulation for Simple and Low Cost Stand-Alone Renewable Energy Utilizations Part II : Simulation and Experimental Results

  • Ahmed, Tarek;Noro, Osamu;Soshin, Koji;Sato, Shinji;Hiraki, Eiji;Nakaoka, Mutsuo
    • KIEE International Transactions on Power Engineering
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    • v.3A no.1
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    • pp.27-34
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    • 2003
  • In this paper, the power conditioner composed of the stand-alone single-phase squirrel cage rotor type self-excited induction generator (SEIG) driven by prime movers such as a wind turbine and a micro gas turbine (MGT) is presented by using the steady-state circuit analysis based on the two nodal admittance approaches using the per-unit frequency in addition to a new state variable defined by the per-unit slip frequency along with its performance evaluations for the stand-alone energy utilizations. The stande-alone single-phase SEIG operating performances in unregulated voltage control loop are then evaluated on line under the conditions of the speed change transients of the prime mover and the stand-alone electrical passive load power variations with the simple theoretical analysis and the efficient computation processing procedures described in the part I of this paper. In addition, a feasuible PI controlled feedback closed-loop voltage regulation scheme of the stande-alone single-phase SEIG is designed on the basis of the static VAR compensate. (SVC) and discussed in experiment for the promising stand-alone power conditioner. The experimental operating performance results are illustrated and give good agreements with the simulation ones. The simulation and experimental results of the stand-alone single-phase SEIG with the simple SVC controller for its stabilized voltage regulation prove the practical effectiveness of the additional SVC control loop scheme including the PI controller with fast response characteristics and steady-sate performance improvements.

Application for Uni-materialization and Life Cycle Assessment of the Vehicle Undercover (자동차 언더커버의 유니소재화 적용 및 전과정평가)

  • Yun, Hyeri;Park, Yoosung;Yu, MiJin;Bae, Hana;Lee, Hanwoong
    • Clean Technology
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    • v.23 no.3
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    • pp.256-269
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    • 2017
  • In response to national and international regulations for resource circulation and to reduce greenhouse gas emissions, the automotive industry has tried to reuse scrap parts and defective products produced in the disposal or production stages as recycled resources. Attempts have been made to reach the target recycling rate by reducing the number of material types required for each part. Moreover, in order to achieve greenhouse gas reduction targets while maintaining the performance of existing products, lighter components are being developed. Existing products were 100% incinerated at the disposal stage, but the uni-materialized products were improved to be possible that it could be recycled 90% through scraps and the defective product in the pre-production and production stage. It also appears that the fuel efficiency improves through 56% lightweight compared to the existing product. In this paper, a preliminary assessment is conducted on the applicability of uni-materialized product development of car parts. The environmental impact values of existing products and developed prototypes are compared and analyzed through life cycle assessment.

Tobacco Control Stakeholder Perspectives on the Future of Tobacco Marketing Regulation in Indonesia: A Modified Delphi Study

  • Astuti, Putu Ayu Swandewi;Assunta, Mary;Freeman, Becky
    • Journal of Preventive Medicine and Public Health
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    • v.54 no.5
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    • pp.330-339
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    • 2021
  • Objectives: Tobacco control in Indonesia is very lenient compared to international standards. This study explored the perspectives of tobacco control stakeholders (TCSs) on the likelihood of advancing tobacco marketing regulation in Indonesia. Methods: Data were collected from TCSs who were members of the Indonesia Tobacco Control Network group in a modified Delphi study. We collected the data in 2 waves using a questionnaire that comprised a set of closed and open-ended questions. For this paper, we analysed 2 of the 3 sections of the questionnaire: (1) tobacco advertising, promotions, and sponsorship (TAPS) bans, and (2) marketing and retailing regulations. We conducted a descriptive analysis of the scores using Stata/IC.13 and summarised the comments for each item. Results: The TCSs viewed the measures/strategies across all aspects of TAPS and tobacco marketing regulation as highly desirable, but provided varied responses on their feasibility. They rated political feasibility lower than technical feasibility for most measures. Advancing TAPS measures and prohibition of selling to minors were considered more attainable by sub-national governments, while prohibition of tobacco corporate social responsibility was considered as the least feasible measure in the next 5 years. Conclusions: Despite little optimism for substantial national-level change, there is a positive expectation that sub-national governments will strengthen their tobacco control regulation. It is paramount that the government reduce tobacco industry leverage by implementing Article 5.3 of the World Health Organization Framework Convention on Tobacco Control. Extending advocacy networks beyond tobacco control groups and framing tobacco control more effectively are necessary steps.