• Title/Summary/Keyword: Nullification

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A Study on the Equivalence Requirement of WTO Retaliation (WTO 보복조치의 동등요건에 관한 연구)

  • Kang, Soo-Mi
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.81-113
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    • 2013
  • The World Trade Organization (WTO) offers remedies for non-compliance by the introduction of compensation or retaliation in the Dispute Settlement Understanding (DSU). There are no the provisions under the WTO DSU and it seems unclear what retaliation is attempting to achieve. Therefore, it is unclear whether the goal of WTO retaliation is to induce compliance or to restore the balance between the rights and the obligations of WTO members. It has been claimed the WTO has a strong dispute settlement system by providing retaliation when the recommendations and rulings of Dispute Settlement Body (DSB) are not complied with. But this seems to be inadequate to bring about effective and timely compliance. Especially there is a problem with free riding by a violating member because the level of retaliation is determined from the expiration of a reasonable period of time, providing an incentive to delay compliance. Also the level of the suspension of concessions or other obligations authorized by the DSB is equivalent to the level of nullification or impairment, according to DSU Article 22.4. However, if the member concerned objections to the level of the suspension proposed, the matter shall be referred to arbitration. The arbitrator shall not examine the nature of the suspension of concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the nullification or impairment. The arbitrator makes an assessment standard of equivalence by comparing the suspension of concessions or other obligations and the nullification or impairment calculated in terms of the amount of trade. But it is necessary that other standards replace the quantitative standards when the level of the nullification or impairment cannot be quantified by concrete damages.

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Reconstructing History: Founding 'America' and Woman's Role in Sedgwick's The Linwoods (역사의 재구성-세즈윅의 『린우드가』에 나타난 '미국' 건국과 여성의 역할)

  • Sohn, Jeonghee
    • Journal of English Language & Literature
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    • v.57 no.2
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    • pp.265-284
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    • 2011
  • This paper examines how Sedgwick makes a political allegory of founding the nation in domestic terms in The Linwoods (1835). Set in the Revolutionary period, The Linwoods is a historical fiction reconstructed by the writer in order to diagnose currently controversial issues. In this aspect, Sedgwick's interest in history is genealogical in Foucaudian sense. Foucault's genealogical method provides a way of recuperating a part of history hidden, submerged, obliterated by the official history. Seen in a genealogical perspective, the story of the Linwoods can be viewed as a political allegory in order to explore political conflicts of Sedgwick's own day. Faced with the threat of national disunion presented in the Nullification Crisis of sectional conflicts and divisions, Sedgwick attempts to provide a fictional solution to the first serious challenge to the U. S. Constitution. Going back to the times around the American Revolution, Sedgwick emphasizes how strenuously the American Constitution of America was formed as the outcome of the war against the tyranny of Britain, and how the Union was made on the basis of the cooperation between the States. By posing a contrast of political positions between family members, Sedgwick imagines a family/nation that allows diverse political positions. The conclusion of a diversity of marriages between man and woman who agree to be united after overcoming their differences in political affiliations seems to show her conservative proclivity to support the Union. However, by emphasizing the principles of freedom and equality represented by the significant role of Isabella and Rose, an African-American slave, in the victory of the American Revolution, Sedgwick also supports the spirit of the Jacksonian American democracy.

A Study on the Remove Use-After-Free Security Weakness (소프트웨어 개발단계 Use-After-Free 보안약점 제거방안 연구)

  • Park, Yong Koo;Choi, Jin Young
    • KIPS Transactions on Computer and Communication Systems
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    • v.6 no.1
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    • pp.43-50
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    • 2017
  • Use-After-Free security problem is rapidly growing in popularity, especially for attacking web browser, operating system kernel, local software. This security weakness is difficult to detect by conventional methods. And if local system or software has this security weakness, it cause internal security problem. In this paper, we study ways to remove this security weakness in software development by summarize the cause of the Use-After-Free security weakness and suggest ways to remove them.

A Study on Defense Technique Against Use-After-Free Attacks Using MTE (MTE 를 활용한 사용 후 해제 공격 방어기법 연구)

  • Yunseong Hwang;Junseung You;Yunheung Paek
    • Proceedings of the Korea Information Processing Society Conference
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    • 2024.05a
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    • pp.279-282
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    • 2024
  • The Use-after-free (UAF) bug is a long-standing temporal memory safety issue. To prevent UAF attacks, two commonly used approaches are lock-and-key and pointer nullification. Recently, ARM architecture supports the Memory Tagging Extension (MTE) that implemented a lock-and-key mechanism using a 4-bit tag during memory access. Previous research proposed a virtual address tagging scheme utilizing MTE to prevent UAF attacks. In this paper, we aimed to measure a simplified version of the previously proposed virtual address tagging scheme on real machines supporting MTE by implementing a simple module and conducting experiments.

Experimental Verification of Induction Phenomenon on Telecommunication Lines by Applying Its Occurrence Mechanisms Using an Artificial ELF Source Generator

  • Lee, Sang-Mu;Gimm, Yoon-Myoung;Eun, Chang-Soo
    • Journal of electromagnetic engineering and science
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    • v.10 no.4
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    • pp.276-281
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    • 2010
  • In this paper, an electromagnetic induction on a telecommunication line by the distribution line of a power provision system or a feeder line of an electrified railway system has been verified through experiments. The basic cause of induction occurrence by these practical power provision systems is the returning current through the earth. This principle has been confirmed by the experiments documented in this paper which implemented these mechanisms to incur an induction. Experimental methods were used to produce the returning current through the earth. The experiment to find a relationship between inducing strength and the distance between the two phase lines in a power provision line has also been included to confirm that, when the distance is enlarged, the induction effect increases as the cross-nullification effect of magnetic fluxes decreases. An experiment for the existence of a shielding effect by another conduction length material has been addedas a protection measure against the induction.

A Study on Ex-Health Professional National Assembly Members' Influences on Health Care Policy Making in the National Assembly (보건의료전문가 출신 국회의원이 보건의료정책 형성에 미친 영향에 관한 연구)

  • Ryu, Chang Ug;Lee, Jae Hee
    • Health Policy and Management
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    • v.25 no.4
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    • pp.307-322
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    • 2015
  • In most democratic countries, influential professional interest groups often become a part of the iron triangle in the policy making process. One of the typical methods by which professional interest groups participate in policy making process may be by having interest group members in the national assembly, who are sympathetic to the group, implementing policies through legislation. In this study we found that from the Constitutional National Assembly through the 18th National Assembly, 147 members of the National Assembly of the Republic of Korea have been ex health care professionals. The research analyzed the roles of these members in health care law amendments as requested by the professional organizations. This study analyzed 11 major cases that involved nullification or amendment of legislations in favor of the healthcare profession, against the basic policies of the government. The study showed that in the 11 major cases, policies were amended in the direction intended by the National Assembly members and other organizations with similar interests, which was against the policy stance of the government. However, these cases did not unilaterally imply that the National Assembly has been captured by the interest groups through the legislators with health care professional background; rather, they should be perceived to be influenced by the exhibited loss of governability by the government in respect to healthcare policy decisions, loss of initiative due to lack of controllability, and reversals and inconsistencies of the policies.

Director's Self-Dealing and Criminal Liability (주식회사(株式會社) 이사(理事)의 자기거래(自己去來)와 형사책임(刑事責任))

  • Lee, John-Girl;Kim, Pyung-Key
    • The Journal of the Korea Contents Association
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    • v.9 no.9
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    • pp.210-217
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    • 2009
  • Discussions about unfavorable acts of corporations in managing activities include many legal considerations. In general cases, first of all, legality of the given acts should be verified. If they are judged to be illegal in their procedures, whether it is possible to assert nullification for the acts by the corporation law or not should be examined. Next, the claim for damages against the actors should be considered. After that, whether the actors have criminal liability or not should be discussed. In this case, it is difficult and complicated to judge what clauses of the Criminal Code in the substantive law apply to the unfavorable acts. when the director's business judgement in the long run causes the corporation to be unprofitable or suffer damage, the Question of whether criminal punishment can be imposed on the director is a very important one requiring careful consideration.