• Title/Summary/Keyword: Jurisprudence

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A study on developing domestic law classification scheme (법률학 전문분류표 창안을 위한 국내법체계 연구)

  • 김자후
    • Journal of Korean Library and Information Science Society
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    • v.23
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    • pp.439-469
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    • 1995
  • The purpose of this study is to develop a new domestic (national) law classification scheme with universality. An underlying reason for the development of this scheme reset upon the fact that Civil law system, Common law system, Socialistic law system have had difficulties each other and that current classification scheme covering three law systems have not been still in existence. From the comparative discussion of classification schemes that are the representative of each law system, a new national law classification scheme with universality was designed. If law classification scheme have been completeness, this new scheme must be combined with jurisprudence and international law classification scheme which was developed already.

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The Jurisprudence on Anti-Doping Rule Violation through Review of CAS Awards (CAS의 결정례로 본 도핑 위반 사건의 법리)

  • Kim, Hyun-Sook
    • Journal of Arbitration Studies
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    • v.28 no.1
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    • pp.77-97
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    • 2018
  • The Court of Arbitration for Sport (CAS) has been adjudicating on sports-related disputes since 1984. CAS can be regarded as world supreme court for sports settling down about 4200 cases including doping issues. Doping disputes are generally processed by CAS Appeals division and Anti-Doping Division. An appeal against the decision by sports-related bodies may be filed with CAS Appeals Division. Doping issues concerning Olympic games are on Anti-Doping Division, introduced from 2016 Olympic games and invested with complete authority by IOC. The Award of Maria Sharapova finds a player is responsible if found to have committed any Anti-Doping Rule Violation regardless of his/her intention or fault. It offers detailed jurisprudence on imposing such a specific period of ineligibility in view of the totality of the circumstances. The award of Xinyi Chen also confirms the Strict Liability Rule on anti-doping disputes. The player appealed there could be either accidental contamination of drinks, or doping laboratories' mistakes that affected the test results. But, all of them were rejected. Though dealing with doping disputes in a timely manner is important for seasonal sports events like Olympic games, it is necessary to prepare the acceptable and fair process for the players in the future.

A study for a play of improvement in education curriculum for bodyguard related theory (한국 대학의 경호관련학과 이론분야 교육과정의 학문적 정립)

  • Park, Jun-Seok
    • Korean Security Journal
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    • no.5
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    • pp.157-178
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    • 2002
  • The objectives of this study is to analyze the curriculum based on the hypothesis of bodyguarding related department and to research the differences of the amongthree groups of public bodyguarding, private bodyguarding and bodyguarding professors with its significance in order to establish the development of direction in education curriculum for bodyguarding related departments at university level,For this purpose, this study categorized the sample group into three kind and surveyed them, Those are public bodyguarding members, private bodyguarding member, and the professors and 121 samples were selected in those three with the help of self-admistrated method, which is one of the sampling methods, First, among the current bodyguarding related theoretical disciplines significant differences among groups was presented by the evaluations on bodyguarding science, traffic safety management, fire extinguishing, secretary science, administration, psychology, sports education, sport physiology, jurisprudence and philosophy, which showed differences among groups through the multiple comparison, But there was no significant difference among the means of the groups concerned with the other curriculum, We could know that more curriculum is needed to facilitate the private bodyguarding in disciplines and system of the current theory in this study. For it is predicted the demand for the private bodyguarding will increase continuously in the future. for which we should prepare. Thus it is required to increase the theoretical curriculum of the private bodyguarding. That is. the models of curriculum like introduction to machinary guarding. introduction to communication. computer theory and so on are required to be established. In addition to that. it must be noticed that the current private bodyguarding is not guaranteed by the legitimate institution. But the private bodyguarding is related to the police service. thus the curriculum of jurisprudence and police science should be studied together.

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Recent Trends and Characteristics of International Arbitration in Latin American Countries (라틴아메리카 국제중재의 최근 발전경향과 특징)

  • Jo, Hee-Moon
    • Journal of Arbitration Studies
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    • v.18 no.1
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    • pp.97-119
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    • 2008
  • The reluctance of Latin American countries to practice international arbitration is not a new topic in international law. This reluctance historically based on Calvo Doctrine provoked not only the absence of Latin American countries from the major international commercial arbitration conventions, but obsolete national arbitration legislation. Recently, however, these countries have undertaken major steps showing that the region is no longer reluctant to practice international commercial arbitration. Most Latin American countries have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), the 1965 Convention on the Settlement of Investment Disputes ("Washington Convention") and the 1975 Inter-American Convention on International Commercial Arbitration ("Panama Convention"). The majority of Latin American countries have also modified and adapted their national legislation on arbitration to the UNCITRAL model law. Even judiciary has been following this pro-arbitration. This article will focus on some of these factors provoking the acceptance of international commercial arbitration in Latin America to trace the common trends and characteristics in an attempt to understand better how international arbitration set on its place firmly. For this purpose we selected five countries, Brazil, Argentina, Chile, Mexico and Venezuela, to analyse legislations and jurisprudence. Latin America is ready to challenge any obstacles to promote arbitration as alternative methods of judicial resolution. There is an ever-increasing number of international arbitration in Latin America. Both practitioners and judiciary have shown desires to promote the resolution of disputes by arbitration and used the legal instruments to ensure that process interpreting and applying legislations for pro-arbitration. Even there remains Calvo Doctrine's culture in Latin America still now, it should be certain this culture will disappear from the conduct of international arbitration.

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Impact of Philosophical Anthropology and Axiology on the Current Understanding of the Institution of Human Rights

  • Buglimova, Olga V.;Goncharov, Igor;Malinenko, Elvira;Matveeva, Natalya;Stepanenko, Yuri;Chernichkina, Galina
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.327-331
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    • 2022
  • The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.

Structure and expression of legal principles for artificial intelligence lawyers (인공지능 변호사를 위한 법리의 구조화와 그 표현)

  • Park, Bongcheol
    • Journal of the International Relations & Interdisciplinary Education
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    • v.1 no.1
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    • pp.61-79
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    • 2021
  • In order to implement an artificial intelligence lawyer, this study looked at how to structure legal principles, and then gave specific examples of how structured legal principles can be expressed in predicate logic. While previous studies suggested a method of introducing predicate logic for the reasoning engine of artificial intelligence lawyers, this study focused on the method of expressing legal principles with predicate logic based on the structural appearance of legal principles. Jurisprudence was limited to the content of articles and precedents, and the vertical hierarchy leading to 'law facts - legal requirements - legal effect' and the horizontal hierarchy leading to 'legal effect - defense - defense' were examined. In addition, legal facts were classified and explained that most of the legal facts can be usually expressed in unary or binary predicates. In future research, we plan to program the legal principle expressed in predicate logic and realize an inference engine for artificial intelligence lawyers.

ACCIDENTS & INJURIES IN INTERNATIONAL AIR LAW : THE CLASH OF THE TITANS

  • Dempsey, Paul Stephen
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.235-270
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    • 2009
  • This Article examines what is contemplated by the term "accident," what is meant by "bodily injury," and what damages are recoverable under Article 17 of both the Warsaw Convention of 1929 and the Montreal Convention of 1999. It examines differences in the jurisprudence of the US Supreme Court, the UK House of Lords, and the Australian High Court in interpreting these terms, and the problems posed by these different interpretations in achieving the uniformity of international aviation liability law contemplated by the Warsaw and Montreal Conventions.

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The Use of "Particular Market Situation" Provision and its Implications for Regulation of Antidumping

  • Yun, Mikyung
    • East Asian Economic Review
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    • v.21 no.3
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    • pp.231-257
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    • 2017
  • The particular market situation provision of the WTO Antidumping Agreement is increasingly invoked against what may be described as "input-dumping," but this potentially violates the current Antidumping Agreement rules. This paper examines the practice and recent changes regarding the PMS provision in the US by critically examining relevant antidumping investigations in the US in light of GATT/WTO jurisprudence. Such US practice has not yet been extensively subjected to scholarly examination. The paper finds that the recent legal change in the US widens the scope and applicability of the PMS provision to cover input subsidies, allowing the use of not only surrogate prices but also surrogate costs. Further, the required standard of evidence to find PMS seems to have been diminished in the recent application. A widespread use of the PMS provision in such a deviant way calls for a fundamental review of the current trade remedy rules of the WTO.

Deciding not to Operate in Head Injuries and Legal Considerations

  • Choi, Il;Lee, Kyeong-Seok;Shim, Jai-Joon;Choi, Weon-Rim
    • Journal of Korean Neurosurgical Society
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    • v.42 no.2
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    • pp.135-140
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    • 2007
  • It is not the best way to treat a hopeless patient with life-sustaining medical devices until the heart beats stop. Advanced medical technology may prolong the life for a significant period without recovery from the disease. However, it would give an unbearable economic burden to the family and the society. In 2006, we decided not to operate 9 patients with traumatic intracranial hematomas. We examined those patients with special references to possible legal and ethical problems. It is reasonable to withhold a treatment after documentation that the family never wants any life sustaining treatment when the treatment does not guarantee the meaningful life.

Arbitration in Egypt in the Realm of the Arab Spring

  • Selim, Ismail
    • Journal of Arbitration Studies
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    • v.23 no.3
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    • pp.169-183
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    • 2013
  • Egypt has gone through a major metamorphosis following the Egyptian Revolution that began on 25 January 2011. The aim of this article is to analyze the influence of the aforementioned metamorphoses on the Egyptian Arbitration Law and Practice and to shed light on the recent developments of the latter. Whilst positive legislative amendments have been recently achieved with regards to enforcement of arbitral awards, it is crystal clear that the January 2011 Revolution has negatively impacted the jurisprudence of the Administrative Court of the Conseil d'Etat which has annulled several arbitration clauses enshrined in contracts related to privatization. However, save for disputes arising from administrative contracts, Egypt has been and shall remain a friendly seat of Arbitration as it possesses an arbitration-friendly legislation, its Ordinary Judicial Courts are familiarized with international arbitration practice and it has a prominent and famous arbitration Centre.

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