• Journal of Arbitration Studies
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• v.8 no.1
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• pp.221-241
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• 1998

Though the arbitration agreement is a means to resolve disputes autonomously in essence, the Principle of Parties Autonomy and the Principle of Free Contracting can not be applied infinitely without any limitations but subject to the Public Policy and the Compulsory Provisions as established by an interested country. Such principle of law is applied to international arbitration agreements as well, but their validity should be determined by different standards from those in domestic arbitration agreements, in consideration of their internationality. The essential effect of arbitration agreement is to exclude from the jurisdiction of State courts. Depending upon definition of the legal nature of arbitration agreement, the range and contents of the effect of such agreement will vary. Whether State courts can intervene in claims related to Compulsory Provisions is an issue at the level of legislation policy which can not be easily concluded. But, the applicability of Compulsory Provisions can not serve as an imperative ground to deny the eligibility of claims for arbitration, so far as such claims can be disposed of by the parties. On the other hand, it is reasonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution to be delegated to arbitrator, so that the Principle of Parties Autonomy can be widely applied throughout the arbitration procedure as well as with other legal acts on private laws. With this, the parties can enjoy an arbitration award appropriate for characteristics of a specific arbitration agreement, thus resulting in facilitating the use of arbitration procedure for international trade activities. To conclude, the Public Policy and the Compulsory Provisions as limitations on arbitration agreement should be applied to such an extent that they can protect States basic moral faith and social order.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.9 no.8
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• pp.1787-1792
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• 2005

The join of remote sensing and GIS(Geographic Information System) could be useful in various fields of marine information and land information as well as ITS(Intelligent Transport Systems). This paper is LPF(Low Pass Filtering) for the extraction of island detection in coastal zone Iron SPOT imagery which is 10m resolution photograph. The study area is based on the southern sea in korea. Sobel operator performed the extraction of island detection in coastal zone after the LPF processing by remote sensing. And, GIS was used to generate from raster to vector data. As the result, The best way prove out the 5${\times}$5 convolution mask about the LPF processing of island detection in coastal zone. It is judged the research which it sees with the fact that the presentation of very scientific and reasonable data will be possible from the oceanic dispute will occur from the EEZ(Exclusive Economic Zone).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.87-109
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• 2007

This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.52 no.3
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• pp.209-219
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• 2016

The survey was conducted to investigate biomass and distribution of fisheries resources using a quantitative echo sounder and a fixed gillnet around Marado coast of Jeju to obtain the scientific basic data for dispute resolution with a large purse seine fishery and coastal fishing and policy establishment of reasonable fisheries resources. Hydroacoustic surveys were conducted six times (November 28~29, 2015 (night), February 23~24, 2016 (night) and March 3~4, 2016 (night/day), March 30~31, 2016 (night/day)) using a quantitative echo sounder. The pelagic fish densities were relatively higher around Marado in November 2015, February 2016 and March 3~4, 2016. However, demersal fish densities were relatively higher in Jeju coastal waters on March 30~31, 2016. Catch data using fixed gill net were used to calculate biomass. Based on the hydroacoustic data, fish length-weight function and target strength information of dominant fish, the biomass of fishes were estimated as follow: 5.64 ton CV = 70.2% at night on November 28-29 2015, 7.14 ton CV = 35.8% of pelagic fish and 530.77 ton CV = 34.6% of demersal fishes at night on February 23-24 2016, 2.34 ton CV = 56.7% of pelagic fish and 571.93 ton CV = 40.3% of demersal fish at daytime, 1.39 ton CV = 48.4% of pelagic fish and 194.59 ton CV = 54.3% of demersal fish at night on March 3~4 2016, 0.37 ton CV = 72.9% of pelagic fish and 338.79 ton CV = 99.7% of demersal fish at daytime, 0.24 ton CV = 21.3% of pelagic fish and 68.61 ton CV = 53.8% of demersal fish at night on March 30~31 2016.

• Journal of Public Diplomacy
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• v.2 no.2
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• pp.27-52
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• 2022

Objectives: The neighboring countries of South Korea and Japan in Northeast Asia have interacted in both positive and negative ways, at times as close partners and other times adversaries, throughout their long and thorny history of extensive dynamics. The controversial dispute over Dokdo is one of the most critical issues evoking harsh tensions and arguments asserting wholly opposite claims. Dokdo is a small island between two coastal states, but significant in terms of territorial, botanical, and marine resources, and thus ownership of the island has become a point of conflict accompanied by a troubled history. But why has Dokdo been a source of conflicts and how should the controversial Dokdo issue be addressed in a way that fosters positive influence and co-prosperity? Methods: This study provides comprehensive and critical insights from a wealth of previous research and strategic suggestions for the Korean government. It utilizes the three perspectives of historical documents and political context, international regulations and legal frames, and public diplomacy. Furthermore, it applies these resources to negotiation theories and strategies to propose reasonable solutions. Results: This study suggests that it is important for Korea and Japan to try to build mutual trust through more active communication and interaction in order to understand each other before attempting to create a formal resolution via negotiation. In addition to these efforts, Korea needs to be ready for the inevitable need to take decisive action in terms of negotiation, using analytic and efficient strategies. The study proposes three solutions: 1) Strong Action Strategy, 2) International Legal Strategy, and 3) Public Diplomacy Strategy. Conclusions: From the perspective of public diplomacy, the Dokdo issue needs to be converted from a symbol of conflicts between Korea and Japan into a symbol of peace and co-prosperity. In addition to promoting a positive relationship between the two states, it can also contribute to the security environment of the Northeast Asian region and global peace.