• Title/Summary/Keyword: Relevant Circumstances

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Maritime Boundary Delimitation Regime for the Gulf of Tonkin Dispute and China's Position (해양경계획정제도에 대한 중국의 입장과 통킹만 사례고찰)

  • Yang, Hee-Cheol;Park, Seong-Wook;Kwon, Moon-Sang
    • Ocean and Polar Research
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    • v.26 no.4
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    • pp.669-678
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    • 2004
  • Coastal states are adopting maritime boundary delimitation as their primary maritime policy because maritime jurisdiction directly relates to vast economic interest. This becomes specially important and sensitive when complex maritime boundary issues are involved between neighboring coastal states. China has not actively carried out nor declared maritime boundary delimitation until recently with any country except Agreement between China and Viet Nam on the demarcation of the territorial water, the exclusive economic zones and the continental shelf of China and Vet Nam in the Gulf of Tonkin on 25 December 2000 (hereinafter, the Gulf of Tonkin Agreement). The principles that governs maritime boundary delimitation are to consider primarily an agreement between States concerned, however, if no agreement can be reached, all relevant circumstances are considered to achieve an equity between concerned States. Relevant circumstances are length of coastline, form of coastline, existence and position of island or islands, speciality of geology/topography, and factor of economy and deffnce. Factors which sinologists are considering in regard to continental shelf delimitation of the Yellow Sea are as follows; i) geographical factor, ii) geological factor, iii) topographical factor, iv) environment and ecological (factor, v) historic interest, and vi) social and economic interest. The 'Gulf of Tonkin Agreement' is completed by basically applying the principle of delimitation according to median line which seems that China has adopted the maritime boundary delimitation principle of 'half and half' which was the intention of chinese government. At the same time, China recognized Viet Nam's dominion and sovereign right over the partial exclusive economic zone and the continental shelf of Dao Bach Long Vi in Gulf of Tonkin. This case can be considered as an example of mutual concession or compromise in delimiting maritime boundary for states of concerned.

The Role of Geological and Geomorphological Factors in the Delimitation of Maritime Boundaries (해양경계획정에서 지질 및 지형적 요소의 효과에 관한 고찰)

  • Yang, Hee-Cheol;Park, Seong-Wook;Jeong, Hyeon-Su;Yi, Hi-Il
    • Ocean and Polar Research
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    • v.29 no.1
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    • pp.55-67
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    • 2007
  • A reference to natural prolongation appeared for the first time in the North Sea Judgement. Although it was not suggested that the concept of natural prolongation would automatically allow for the fixing of a continental shelf boundary, that concept encouraged States to request international tribunals to determine continental shelf boundaries on the basis of the geological and geomorphological features of the seabed. In the Libya v. Malta Case, however, the rejection of geological and geomorphological factors was total. Especially, Natural prolongation was the then checkmated as a relevant fact in delimitation between coasts situated less than 400 nm. apart. There can be no doubt that, in several disputed cases, prominent geomorphological variations are simply ignored ; nevertheless, there are also a few agreements where geological and geomorphological characteristics come into play and, to a certain extent, affect maritime boundaries. Physical characteristics of sea-bed are generally given serious consideration in the boundary delimitation such as the final negotiated boundary of the Australia-Indonesia Continental Shelf boundary Agreement(Timor and Arafura seas) which follows the continental slope bordering the Timor Trench.

Legal Bases for the Interpretation of Contract Terms under the UNIDROIT Principles of International Commercial Contracts

  • Kim, Bong-Chul;Kim, Ho;Shim, Chong-Seok
    • Journal of Korea Trade
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    • v.24 no.1
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    • pp.113-130
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    • 2020
  • Purpose - This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles of International Commercial Contracts (PICC) and the cases thereunder in order to provide academic implication to promoting an appropriate understanding of this topic in practical business. Design/methodology - This article uses the literature research and case study under the PICC. Findings - the contract terms shall be interpreted according to the common intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning that reasonable persons of the same kind as the parties would give to it in the same circumstances. The statements and other conduct of a party shall be interpreted according to that party's intention if the other party knew or could not have been unaware of that intention. If not, the reasonable person standard will apply. In applying above articles, all relevant circumstances including the conduct of the parties, practices and usages shall be considered. Terms and expressions shall be interpreted in the light of the whole contract or statement in which they appear and contract terms shall be interpreted so as to give effect to all the terms rather than to deprive some of them of effect. Where contract terms supplied by one party are unclear, contra proferentem rule applies. Where there is discrepancy between several equally authoritative versions of a contract, a preference is given to the interpretation according to the version originally drawn up. Where the parties to a contract have not agreed regarding an important term for their rights and duties, a term which is appropriate in the circumstances shall be supplied. Originality/value - This article examines various cases regarding the topic that were determined under the PICC. By finding legal standards and rulings of relevant cases, this article will help readers in practical business to enhance the ability to apply the provisions to their contracts.

Suggestions for Resolving the Social Conflict in Affordable Housing

  • Park, Tae Soon;Lee, Mihong
    • Land and Housing Review
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    • v.5 no.3
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    • pp.179-191
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    • 2014
  • The purpose of this study is to employ a method called 'conflict impact assessment' to analyze the progress, background, cause and relevant issues of conflicts related with affordable housing for youth (Happiness Housing Project), a project that has been implemented since last May 2013, thereby identifying the relevant problems and draw out objectives for improvement. The researchers expect that this study will contribute to solving the current issues regarding Happiness Housing, and contribute to improving the quality of the government's policies. For the above purpose, literatures on Happiness Housing produced from August to November 2013 were reviewed, in-depth telephone or face-to-face interviews were conducted with personnel associated with project implementation in the Ministry of Land, Infrastructure and Transportation and LH, etc., and major interested parties including Yangcheon-gu residents. Key issues identified regarding Happiness Housing construction include: the way that the project was implemented, living quality of residents, impact on educational environment, inconsistence with existing plans, relatively high construction cost, insolvency of public corporations, land use fee issue with Korail, need of preliminary feasibility survey, securing sufficient amount for supply and issue of additional designation, likelihood of finishing construction in time and issues related with actual source of demand, etc. Through analysis of conflict development and positions of interested parties, the main causes of the conflicts were identified as follows: lack of deliberation on pledges during election, lack of viability review on pledges, lack of conflict management plans, one-way implementation without consent of interested parties, project plans established with no regard to local circumstances, frequent project revision, underwehlming level of conflict management. In order to address issues above, the following measures need to be taken: selecting election pledges based on actual effectiveness, thorough assessment on pledges by relevant departments, gradual implementation based on consideration of the actual circumstances, participation of key interested parties, consistent policy and adopting conflict management techniques that reflect the reality.

Concept Analysis on the Clinical Critical Thinking Ability in Nursing (간호에서의 임상적 비판적 사고능력에 대한 개념분석)

  • Shin, Kyung-Rim;Hwang, Ji-Won;Shin, Su-Jin
    • Korean Journal of Adult Nursing
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    • v.20 no.5
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    • pp.707-718
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    • 2008
  • Purpose: The present study was designed to understand the conceptual definition and attributes of the clinical critical thinking ability(CCTA) in nursing and to grasp the characteristics of clinical critical thinking abilities. Methods: The data were analyzed using the Hybrid model of Schwartz-Barcott and Kim(2000). Results: Having the skills and dispositions to think critically, CCTA refers to something that implies the cognizant ability to interpret contextual meanings, analyze the relationships between materials or circumstances, draw out the best conclusions, predict things using relevant information and evaluate the reliability of information and the strength of inference on the one hand and the emphatic disposition to be curious, open-minded, intellectually integral, systematic and creative and to reflect on things in contextual terms on the other. Conclusion: CCTA is characterized by clinical circumstances, such as guessing the reasons for facts, predicting things, connecting theory to practice and approaching individual situation in total terms as well as by the Korean circumstances, such as taking another person's perspective. Hence, this study proposes developing the tools to measure the clinical critical thinking ability and the strategies to improve the clinical critical thinking ability and seeking to verify their validity, on the basis of the findings.

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A Study on the Security related Obligations of Contracting Party under the Incoterms(R) 2010 Rules (Incoterms(R) 2010상 수출입 당사자의 보안관련 의무에 관한 연구)

  • Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.45-80
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    • 2012
  • Since the 9.11 terror attack, the event which caused supply chain disruption, supply chain security has become more important than ever before. With this as a momentum, a customs supply chain security paradigm emerged intended to guarantee secure flow of cargo across boarder. Under this circumstances Incoterms(R) 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistances in obtaining security clearances. Thus, security related obligations such as providing advance manifest information is the mandatory requirements for any export and import. The impact on the seller and buyer of security related obligations under the Incoterms(R) 2010 rules environment is obvious. Assistance to provide the security information in advance has become indispensable obligations to the seller and buyer. As such assistances is at the cost and risk of the party responsible for the clearances of the goods, the choice of recognised partner and compliance with the relevant security program, in order to enjoy the relevant benefits, becomes paramount.

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Research on the Development of China "Supermarket-Farmer Direct Purchase" Mode

  • Huang, Yanyan;Kang, Tae-won
    • The Korean Journal of Franchise Management
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    • v.4 no.1
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    • pp.113-129
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    • 2013
  • The realization of agricultural modernization, the solving of the "three rural" issue as well as the increment of farmers' income is one of China's top priority. Thus, under the support and encouragement of government's relevant policies, China has introduced the "Supermarket-Farmer Direct Purchase" which is a new mode for the supply of agricultural products. This is an innovative of agricultural products circulation mode, and the comprehensive promotion will help supermarkets get cheap goods directly from the hands of farmers, thus forming price competitiveness; farmers can also get profits and subsidies from supermarkets which can eliminate middlemen's profit, thus increasing their revenue; consumers can both get a guarantee of food safety and save expenses, and the win-win situation for the supermarkets, farmers, and consumers will be achieved. However, the dilemma between "farmers having difficulty in selling" and "supermarkets having difficulty in buying" is still frequent. So in this thesis, through theoretical research and situation analysis, each relevant part of the "Supermarket-Farmer Direct Purchase" mode will be studied as a whole. Moreover, effectiveness will be evaluated and relevant problems will be identified. Then, based on foreign experience and our national conditions, new modes and advice will be provided for users in different circumstances.

A Study of Relevant System for Developing Eco-friendly Maritime Resort - Focused on Geographical and Geological Characteristics of Golf Courses in Islands Region - (친환경 해양관광시설 조성을 위한 관련 제도에 대한 검토 - 도서지역 골프장입지의 지형, 지질 특수성을 중심으로 -)

  • Kim, Sehyun
    • Journal of Environmental Impact Assessment
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    • v.18 no.5
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    • pp.313-319
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    • 2009
  • A complex maritime resort combined marina and with course of Korea is required to improve international tourism competitiveness by taking advantage of her environmental favorable circumstances. The development of tourism, however, is focused on land-oriented that incurred lower tourism efficiency and international tourism competitiveness. In addition, the regulation of "Preliminary environmental assessment for golf courses" by the Ministry of Environment is emphasized on land geography and geology that can cause damage of tourist attractions in an island region. In particular, the development of 6th or 7th ridges in mountainous island region within 2km from the sea, that holds scenic and academic value, can go against environment-friendly by geographical and geological damage. According to the regulation for consultation for golf courses and forestry is to preserve regional ecosystem over 6th ridge, but it cannot be applicable to island region because that can form excessive slopes where marine ecosystem is required to be maintained. It, therefore, can be desirable that the development of over 6th ridge in an island region. It is suggested that continuous comparative studies of geographical and geological characteristics between land and island region will be carried on to establish feasible and reasonable development model so that balanced development of land and island, and versatile international environment-friendly maritime resort can be achieved and developed.

A Cost-Efficient LTE Network Design and Deployment Methodology for Developing Countries (개도국 LTE 망의 비용-효율적인 구축을 위한 요구사항 도출과 기술 분석)

  • Ko, Kiyoung;Lee, Jaiyong
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.42 no.1
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    • pp.140-148
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    • 2017
  • This paper focused on finding a cost-effective LTE mobile network design methodology, suitable for socio-economic circumstances of developing countries. Developing countries have different requirements and circumstances compared with those of developed countries that had deployed LTE networks in advance, thus a differentiated way of design and deployment methods are necessary. This paper analyzed LTE design-related attributes of developing countries, identified relevant technological requirements and appropriate technologies, and suggested design methodologies. These suggestions were verified through the case studies of several developing countries that a Korean telecommunication company (Korean telecom company A) had participated in the LTE design and deployment for future reference by other developing countries.