• Journal of Arbitration Studies
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• v.18 no.3
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• pp.23-50
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• 2008

In a global economy where, private parties increasingly favour arbitration over litigation, many foreigners are unfortunately reluctant to arbitration with China's parties because the China national courts do not scrutinize the merits when deciding whether to recognize and enforce foreign awards. As a result, the finality of arbitral awards hangs in uncertainty. Overseas concern is that China's courts may abuse "Public Policy" grounds provided for in the New York Convention to set aside or refuse to enforce foreign awards. The purpose of this article is to examine the distrust to enforcement of arbitral awards whether that is just an assumption. In spite of the modernize and internationalize her international arbitration system and many reforms provided in the related law and rules, the most vexing leftover issues are caused of the lack of "rule of law" in China. This situation imply the risk of pervert 'Public Policy' as the ground for refusing enforcement of arbitral awards. Some cases reflect the fear. But it is unclear whether those cases caused from the lack of "rule of law" in China. Same uncertainty present between Hon Kong-China under th one country-two legal system after the return of Hong Kong to China on 1 July 1997. While China is striving to improve its enforcement mechanism in regard to the enforcement of arbitral awards, it can only be expect following the establishment of rule of law in the future.

• Journal of Arbitration Studies
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• v.27 no.3
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• pp.33-52
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• 2017

This article tried to describe the laws concerning the enforcement of foreign arbitration awards in Indonesia. This issue is relevant in the light of frequent curiosity of foreign commentators, business communities, practicing lawyers, concerning the arbitration in Indonesia, in particular its enforcement of foreign arbitration awards. The main laws on arbitration analyzed were, firstly, the Indonesian law on arbitration, namely Law No 30 of 1999 on Arbitration and Alternative Dispute Resolution and the Presidential Regulation No 34 of 1981 concerning the Ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. The provisions of Law of 1999 analyzed were confined to its international provisions on arbitration, in particular the requirements for the enforcement of foreign arbitration awards and also the requirement that the awards do not violate Indonesian public policy. The problem with the Indonesian arbitration law (and the courts' practice) were that no provisions which provided guidance or meaning with regard to public policy. The absence or lack of guidance or definition on public policy had some times confused lawyers or the parties in dispute fearing that their arbitration awards would not be enforced due to the violation of public policy. Secondly was the different opinion of two Indonesian arbitration experts, Prof. Sudargo Gautama and Prof. Priyatna Abdurrasyid. Both scholars had rather different opinions with regard to the meaning of public policy in Indonesia. Thirdly was a recent case law, Astro Nusantara Bv et.al., vs PT Ayunda Primamitra Case (2010) decided by the Indonesian Supreme Court with regard to the enforcement of foreign arbitration awards. This article concluded that the Indonesian court, in particular the Central of Jakarta Court, so far have given its support that the execution of foreign awards was duly enforced.

• Korean Security Journal
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• no.10
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• pp.273-292
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• 2005

The purpose of this study was to delve into all sorts of literature concerned in a bid to suggest how the Public Law Enforcement and private Security sector could join forces in preventing crimes and guaranteeing the safety of people. Quite naturally, crime has increased greatly to become one of the major social problems. Crime has been conventionally recognized as 'something' to be prevented and controlled by public law enforcement. However, the rate of crime increase has been so rapid that public law enforcement alone could not effectively control the everincreasing and diversified crimes in our society. To serve as a qualified partner for the police, private security industry should strive to secure excellent manpower and provide education for workers to improve their qualifications. Specifically, they should put sustained efforts into diversifying the types of security business and creating a new market to extend their scope of business and become more competitive. Intensified collaboration between the Public Law Enforcement and private Security security sector is expected to create new synergy in addressing people's needs for safety and enhancing their quality of life.

• 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.

• Asian Pacific Journal of Cancer Prevention
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• v.17 no.2
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• pp.829-833
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• 2016

Purpose: To investigate the work associated stress and nicotine dependence among law enforcement personnel in Mangalore, India. Materials and Methods: A cross-sectional questionnaire survey was conducted among law enforcement personnel in Mangalore, India. Demographic details, stress factors experienced at work and nicotine dependency were the variables studied. The extent of stress factors experienced at work was assessed using the Effort-Reward Imbalance scale (ERI). Nicotine dependence was measured using the Fagerstrom Test for Nicotine Dependence (FTND) and the Fagerstrom Test for Nicotine Dependence-Smokeless Tobacco (FTND-ST). Logistic regression was used for the statistical analysis. Results: Three hundred and four law enforcement personnel participated in the study, among whom 68 had the presence of one or more habits like tobacco smoking, tobacco chewing and alcohol use. The mean effort score was $15.8{\pm}4.10$ and the mean reward and mean overcommitment scores were $36.4{\pm}7.09$ and $17.8{\pm}5.32$ respectively. Effort/Reward ratio for the total participants was 1.0073 and for those with nicotine habit was 1.0850. Results of our study demonstrated no significant association between domains of ERI scale and presence of habits but work associated stress was associated with the presence of one or more habits. Compared to constables, head constables had 1.12 times higher risk of having a nicotine habit. Conclusions: Our study implies job designation is associated with nicotine habits. However, there was no association between work associated stress and nicotine dependence among law enforcement personnel in Mangalore.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.35
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• pp.101-124
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• 2007

This paper purposes to examine the setting aside and the refusal of enforcement of arbitral awards and their implications for practitioners. The aim of challenging an award before a national court at the seat, or place, of arbitration is to have it modified in some way by the relevant court, or more usually, to have that court declare that the award is to be disregarded (i.e. "annulled" or "set aside") in whole or in part. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable, not only by the courts of the seat of arbitration but also by national courts elsewhere. This is because, under both the 1958 New York Convention and the UNCITRAL Model Law, the competent court may refuse to grant recognition and enforcement of an award that has been "set aside" by a court of the seat of arbitration. The New York Convention set out various grounds for refusal of recognition and enforcement of an arbitration award. The provisions of the Model Law governing recognition, enforcement or setting-aside of awards are almost identical to those set out in the Convention. Especially, the New York Convention and the Model Law state that an arbitral award may be refused and set aside if a national court of the place of arbitration finds that the award is in conflict with the public policy of its own country. Each state has its own concept of what is required by its "public policy". It is possible to envisage, for example, a dispute over the division of gaming profits from a casino. In many states, the underlying transaction that led to the award would be regarded as a normal commercial transaction and the award would be regarded as valid. Indeed, it is a consistent theme to be found in the legislation and judical decision of many countries. If a workable definition of "international public policy" could be found, it would provide an effective way of preventing an award in an international arbitration from being set aside and refusal for purely domestic policy consideration.

• Strategy21
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• s.33
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• pp.178-201
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• 2014

China National People's Congress has passed the bill to combine the Marine Law Enforcement into "State Oceanic Administration People's Republic of China". This bill was intended to resolve the overlapping jurisdiction and disputes caused in ocean territory in nearby countries. The purpose of reorganizing the administration was to combine the dispersed organization into one group. This new big administration was basically organized to increase the power of China marine state on the long-term. The reorganization plan is to group General Administration of Customs, China Marine Surveillance, Fisheries Law Enforcement Command, and Border Control Department into one State Oceanic Administration. The new state Oceanic Administration carries the authority to protect rights and enforce the marine law supported by Public Security Bureau. Korea Coast Guard has been cooperating with China Marine Surveillance since 1998 when the first pact was made. The next step expanded to General Administration of Customs. Currently working with Regional Maritime Law Enforcement organizations dealing mostly with illegal Chinese fishing boats and IEODO conflict. In order to solve the problems we face today is to observe the process of the New China Coast Guard administration, analysing the effects that could be caused by the change and to keep close cooperation between the new administrations.

• Journal of the Korean Society of Marine Environment & Safety
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• v.5 no.1
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• pp.59-78
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• 1999

Although recently vigorous studies on environmental crime have contribute criminal respects to be advanced in our country, most of them are focused on German discussions about the theory of environmental crime or environmental criminal law. As each countries in criminal legislation for environmental protection have some distinctive characteristics not found in others, the study which is more helpful to regulate environmental crime can be extend to other country in the view of comparative law. Thus this Article overviews especially the environmental criminal enforcement program involving civil and administrative enforcement in the United States. Notwithstanding that enforcement is an evolving phenomenon that only recently appeared on the scene, there is widespread public support for it. Once viewed as mere economic or regulatory offence lacking an element of moral delict, environmental crimes now provoke moral outrage and prompt demands for severe sanction and strict enforcement. Many major provisions of modem environmental acts that imposed criminal liability have been added or significantly restructured during the last decade. Notable among them are the imposition of the felony penalties for federal environmental crimes and the enactment of the endangerment crime in federal environmental law. This Article approaches the characteristics of environmental criminal enforcement form introducing major federal environmental acts. It develops the result that, considering the difference that exist between Korea and United States in environmental criminal law, our proper environmental regulatory framework can be constituted.

• Asian Pacific Journal of Cancer Prevention
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• v.13 no.9
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• pp.4631-4637
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• 2012

Introduction: Tobacco use is a leading cause of deaths and disabilities in India, killing about 1.2 lakh people in 2010. About 29% of adults use tobacco on a daily basis and an additional 5% use it occasionally. In Odisha, non-smoking forms are more prevalent than smoking forms. The habit has very high opportunity cost as it reduces the capacity to seek better nutrition, medical care and education. In line with the WHO Framework Convention on Tobacco Control (FCTC), the Cigarettes and Other Tobacco Products Act (COTPA) is a powerful Indian national law on tobacco control. The Government of Odisha has shown its commitment towards enforcement and compliance of COTPA provisions. In order to gauge the perceptions and practices related to tobacco control efforts and level of enforcement of COTPA in the State, this cross-sectional study was carried out in seven selected districts. Materials and methods: A semi-structured interview schedule was developed, translated into Odiya and field-tested for data collection. It mainly contained questions related to knowledge on provisions of section 4-7 of COTPA 2003, perception about smoking, chewing tobacco and practices with respect to compliance of selected provisions of the Act. 1414 samples were interviewed. Results: The highest percentage of respondents was from the government departments. 73% of the illiterates consumed tobacco as compared to 34% post graduates. 52.1% of the respondents were aware of Indian tobacco control laws, while 80.8% had knowledge about the provision of the law prohibiting smoking in public places. However, 36.6% of the respondents reported that they had 'very often' seen tobacco products being sold 'to a minor', while 31.2% had seen tobacco products being sold 'by a minor'. In addition, 24.8% had 'very often' seen tobacco products being sold within a radius of 100 yards of educational institutions.

• Korean Journal of Acupuncture
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• v.19 no.2
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• pp.149-165
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• 2002

Objective : We proposed fundmental rules of prospective on legal and institutional position and role of Korean medicine doctors working at public health center. Methods : By the result of this research on the current situation, the grade and allowance given to the Korean medicine doctors working at public health center were different every self-governing body. Results : The reason the Korean Medicine Doctor can't serve as a regular order of 5th grade is that the 'The Enforcement Regulation about Administrative Organization and the Standard of Pixed Number of person of Self-Governing Body(지방자치단체의 행정기구와 정원기준등에 관한 규정 시행규칙)' prescribes the number of regular order of 5th grade is regulated within 7% among the number of regular order officials. But not appointing to office as the regular order of 5th grade infringes on the Constitution, the highest law. The reason the Korean Medicine Doctors can't be appointed to office as the regular order officials by the self-governing body is that 'The Enforcement Order of the Law of Preservation of good health of Local Area(지역보건법시행령)' prescribes the Korean Medicine Doctors are not indispensable to Public Health Center. But in fact, the Korean Medicine Doctors can execute many kinds of work such as medical examination or instructing house nursing. Conclusion : The Korean Medicine Doctors working at Public Health Center serve at low positions as daily use or common use, not receiving a regular order. All laws including the Constitution(헌법), the Medical Services Law(의료법), the Law of Preservation of good health of Local Area(지역보건법), the National Public Service Law(국가공무원법), the Local Public Service Law(지방공무원법) and the Law of Higher Education Law(고등교육법) describe that the Korean Medicine Doctors and the Western Medicine Doctors are equal to their position and right.