• Journal of Arbitration Studies
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• v.22 no.3
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• pp.187-213
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• 2012

The purpose of this article is to examine Fair and Equitable Treatment in International Investment Agreements. Most BITs and other investment treaties provide for FET of foreign investments. Today, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a majority of successful claims pursued in international arbitration are based on a violation of the FET standard. The concept of FET is not new but has appeared in international documents for some time. Some of these documents were nonbinding others entered into force as multilateral or bilateral treaties. Considerable debate has surrounded the question of whether the FET standard merely reflects the internationalminimum standard, as contained in customary international law, or offers an autonomous standard that is additional to general international law. As a matter of textual interpretation, it seems implausible that a treaty would refer to a well-known concept like the "minimum standard of treatment in customary international law" by using the expression "fair and equitable treatment." Broad definitions or descriptions are not the only way to gauge the meaning of an elusive concept such as FET. Another method is to identify typical factual situations to which this principle has been applied. An examination of the practice of tribunals demonstrates that several principles can be identified that are embraced by the standard of fair and equitable treatment. Some of the cases discussed clearly speak to the central roles of transparency, stability, and the investor's legitimate expectations in the current understanding of the FET standard. Other contexts in which the standard has been applied concern compliance with contractual obligations, procedural propriety and due process, action in good faith, and freedom from coercion and harassment. In short, meeting the investor's central legitimate concern of legal consistency, stability, and predictability remains a major, but not the only, ingredient of an investment-friendly climate in which the host state in turn can reasonably expect to attract foreign investment.

• Transactions of the Korean Society of Mechanical Engineers A
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• v.38 no.4
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• pp.451-457
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• 2014

Recently, as a means of resolving the issue of legal liability in the event of an accident or a disaster, a wide variety of simulation techniques, such as structural and structure-fluid interaction analysis, have been used in the field of forensic engineering. The plate girder bridge discussed in this paper was being constructed between a pier and an abutment to expand an existing bridge, but an accident whereby the bridge overturned occurred at the end of the concrete laying process for a protective wall. This accident was caused by additional loads not being considered at the time of the design as well as the actual construction being different from the design. The additional loads ultimately generated a negative support force. In this study, we determined the cause of the accident by comparing the structural stability of the original design with that of the additional, non-conforming construction using MIDAS structural analysis.

• Transactions of the Korean Society of Mechanical Engineers A
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• v.37 no.11
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• pp.1415-1421
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• 2013

Recently, to resolve problems regarding legal liability for accidents and disasters, various simulation techniques such as F.E.M. and F.V.M. have been used in the field of forensic engineering. In this study, we performed mechanical structure analysis using ADINA to investigate the cause of bridge collapse accidents. Such accidents occurred owing to modified and missing processes in comparison with the original design while filling with concrete. Modified and missing processes cause buckling of the upper plate and twisting of the main girder. Through this study, we determine the exact cause of bridge collapse by comparing the evaluation of the structure stability of the original design with the evaluation of the structure stability of the modified and missing process using ADINA structure analysis. Hence, this result indicates that buckling prediction through FEA is the most effective method.

• Journal of Korea Society of Digital Industry and Information Management
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• v.14 no.3
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• pp.45-53
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• 2018

The Personal Information Protection Act has been revised continuously since its establishment, and as a way to secure stability properly, the guidelines as well as enforcement ordinances and regulations have been changed, too. It seems that people's recognition and awareness of private information have already evolved to a certain level that is regarded to be fairly high. However, no one can exactly imagine how much ripple effect scrapping discarded paper regarded simply as waste material which is often and easily practiced in our everyday lives exerts and how many socially significant events it may arouse in our lives. Private information is produced, operated, preserved, utilized, distributed within the frame of law unidentified, and then discarded with a particular purpose. While going through a series of processes, each piece of that private information comes to be reproduced melting a lot of information. It is used and also changed beneficially sometimes to richen our lives or as basic material for welfare. Meanwhile, its importance is decided by its weight or mass and then often gets discarded after all. It means that the process of disuse is being done in a way to arouse the possibility of invasion of personal rights and also the second and third and also more exposure of private information. Therefore, approaching the meaning of automation politically, this study aims to suggest how to secure stability in the process of discarding private information in terms of logical automation.

• Journal of English Language & Literature
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• v.57 no.1
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• pp.73-105
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• 2011

The purpose of this paper is to contend the importance of resurrection of fluid identity and ecological imagination for making the habitable biosphere in Marilynne Robinson's Housekeeping. Ruth as a narrator suggests the future-oriented vision that the environment and nature(mother) can be resurrected, crossing Fingerbone bridge of the boundary line of society/nature as a faithful follower of her aunt Sylvie and becoming the existence with a transparent voice despite of her absence. This novel is to rewrite the American pastoral. Based on the patriarchical way despite of the absence of Edmund Foster, Sylvia's conventional housekeeping is to divide between inside and outside of the house. Nevertheless, Sylvia's relentless efforts to keep her house intact turns out to be fragile. Contrasting with Sylvia, Sylvie's housekeeping is to recognize the continuity of inside and outside. She willingly accepts the reconciliation of the self, the nature and the society. After Ruth and Lucille's staying at night in the lake, they are diverged into going their own way. Ruth accepts Sylvie as a substitute mother. Lucille leaves the house voluntarily and go to her Home Economics teacher, Miss Royce, pursuing the ideal mother of symbolic society. Sylvie and Ruth has the more intimate bond, with their trip to the deserted house in the valley. Ruth meditates on the non-solidity of house and the resurrection of her family. Leaving their house to escape from the town people's legal enforcement, Sylvie and Ruth become transients. Although their history is completed by the drown-death publicly, they always want to visit Lucille's well kept house in Fingerbone. Therefore the method for making Ruth and Sylvie as the existences of ecological imagination return to the real world is to accept the reconciliation of nature and society. This novel is not limited as the binary opposition of vagrance/stability and transience/durability. The significant element of fluid identity can be composed of the interactions with transience and stability.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.87-103
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• 2008

Two kinds of security devices such as independent guarantees and standby letters of credit have been widely used in the international transactions. These devices design to protect one of the parties from a breach by its counter-party. Main uses of these guarantees and standby letters of credit are as follows : bid guarantee, performance guarantee, advance payment guarantee, payment guarantee, retention guarantee, etc. The standby letters of credit were first invented in the U.S.A. and have been widely used in the international and domestic contracts in the U.S.A. But the practical use of these credits is very unsatisfactory in Korea. The purpose of this study is to serve the increase of practical use of the standby letters of credit in Korea through the comparison study on the practical use of the credits between Korea and the U.S.A. Both devices are very similar in function, but they are very different in forms. The one has the form of letter of credits but the other has the form of guarantee. The letter of credit has the stability of governing rule, the legal certainty, and the preference in the field of the trade community comparing to the guarantee. I recommend to use standby letter of credit instead of bank guarantee in international transactions because of the merits of the credit aforesaid.

• Proceedings of the Korean Geotechical Society Conference
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• 2010.09a
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• pp.1217-1224
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• 2010

These days, the maintenance of closed waste landfill come to the fore social problem such as legal maintenance period, after closed maintenance deposits, stability evaluation guides and environmental survey for closed landfill management. Therefore the many non-sanitary closed waste landfill has been removed by selection and transfer to sanitary landfill and incineration. When the remove the non-sanitary landfill, the pollution level of bottom soil was investigated by related government law. In this case study, the soil contamination survey was performed to evaluate the pollution level of non-sanitary closed landfill bottom soil. Based on this study, the pollution level of studied non-sanitary landfill bottom soil was content with related government law for third area(factory, parking lot, gas station, road, railroad use etc.).

• The Journal of the Korea Contents Association
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• v.17 no.7
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• pp.592-599
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• 2017

The possibility of establishing the committee was increased because of the pledge of the President Moon Jaein for the national education committee. Thus, the purpose of this study was to discuss about its necessity and the meaning of legislation. The study method was to analyze existing studies (concept establishment, overseas cases, and legal research), media materials, and internet materials. It also suggested positive and negative functions in establishing the national education committee. Its positive functions are; first, stability of policy, second, political neutrality, third, seeking the nature of education, and fourth, improvement of possibility. Negative functions are; first, establishing the committee could be poison, second, argument in position and role, third, issue of agreement, and fourth, populism policy oriented.

• Journal of Distribution Science
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• v.18 no.5
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• pp.49-60
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• 2020

Purpose: The primary objective of this research is to propose answers of rider's accident of food retailer in South Korea, in view of business sustainability of food retailer and his precious fate of rider who is a father that has a responsibility to the family. Research design, data, and methodology: We investigated previous studies such as food retailer, delivery, delivery application of mobile, rider's accident and statistics of delivery business agency, motorcycle accident ratio, annual fatalist, and further we analyzed cases of rider's accidents. Results: Rider's accident on the road toward food retailer is serious risky factor to their business reputation, corporate image, because claim amount related to death and physical/mental disability can be heavily damaged to food retailer. The point when rider dies is that rider is a person responsible for supporting his/her family, that is, a life itself issue together with downfall of family. Conclusions: In view of growth of South Korean' delivery rider industry, the authors recommended that focus of stability and sustainablity of both food retailer and delivery rider should establish to executable and practical ideas such as rider's readiness, abandon of speed guarantee, duty of delivery app business and legal aids.

• Corrosion Science and Technology
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• v.10 no.1
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• pp.24-29
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• 2011

The greatest purpose of chromate treatment is to improve anti-corrosion by stabilizing a metal surface. Because metal surface forms a compound by absorbing oxygen or water in the air by being generally unstable, it is necessary to improve anti-corrosion of the metal by forming the metal surface with a stable film. When considering the economical efficiency and requirements together because the film of the metal surface treated with chromate has good anti-corrosion and the stability also in the air by being compact and strong, Chromate treatment has been used most up to the electronics industry from the auto industry. However, these days, because hexavalent chromium is both a toxic agent to be able to cause cancers and deadly poisonous environmental pollutant, the strong legal controls on its use is being imposed all over the world. Because of this reason, a new anti-corrosion method is being required. Also, by users' various demands, the passivations that have recently been developed require various characteristics such as conductivity, chemical resistance, alkali cleaning resistance as well as anti-corrosion. We could confirm the results such as excellent anti-corrosion compared to chromate, conductivity, chemical resistance and detergent resistance as the result of analysis of various characteristics of the galvannealed sheet steels coated with Cr-Free solution developed in this research.