• 무역상무연구
• /
• 제69권
• /
• pp.543-566
• /
• 2016

This article examines the Annulment Procedure of ICSID Arbitration Award. Although the ICSID annulment procedure is not substantially different from arbitration procedure, it does have certain unique features. Article 52 of the Convention provides that the application for annulment must be made within 120days after the date on which the award was rendered. ICSID Arbitration Rule 50, in turn, stipulates that a request for annulment of a award must: i)be addressed in writing to the Secretary-General; ii)identify the award to which it relates; iii)indicated the date of the application; and iv)state in detail the grounds for annulment on which it is based. The grounds for annulment are limited to those in Article 52(1) of the Convention. With respect to the possibility of waiving the right to annulment in advance, commentators are divided. Some authors admit the possibility of agreements eliminating the right to request annulment. Other authors, instead, have taken the position that parties cannot waive their right to annulment in advanced because no provision in the Convention allows the parties to do so, and thus the right to request annulment is inalienable. In accordance with Article 52(4), annulment decisions must comply with the requirements for awards stipulated in Article 48. Therefore; i)the committee decide questions by majority; ii)the decision must be in writing and must be signed by the members of the committee who voted for it; iii)any member of the committee may attach his individual opinion to the award; and iv)ICSID must not publish the decision without the consent of the parties. Finally, under Article 52(4), parties are not allowed to request the interpretation, revision, or annulment of a decision on annulment. Even if the committee allegedly manifestly exceeded its powers or engaged in any conduct sanctioned by Article 52(1), the parties cannot request the annulment of the decision on annulment.

• 무역상무연구
• /
• 제51권
• /
• pp.285-313
• /
• 2011

There can be analyzed severally on the acceptance conditions of freight forwarder's transport document under UCP. First, Bills of Lading issued by forwarding agents will be refused. This can be seen in the article 20 of 1933 Revision UCP(Brochure 82) and the article 20 of 1951 Revision UCP(Brochure 151). Second, Unless specifically authorized in the credit, Bills of Lading issued by forwarding agent will be rejected. It is prescribed in the front part (a) of article 17 of 1962 Revision UCP(Brochure 222) and the article 19 of 1974 Revision UCP(Publication No. 290). Third, Acceptance conditions are different according to the type of transport documents, that is either Bill of Lading or not. It is prescribed in the art 25 and article 26 of 1983 Revision UCP. Unless otherwise stipulated in the credit, transport document issued by a freight forwarder will be rejected unless it is the FIATA Combined Transport Bill of Lading approved by the International Chamber of Commerce or otherwise indicates that it is issued by a freight forwarder acting as a carrier or agent of a named carrier. On the other hand, unless otherwise stipulated in the credit, marine bill of lading issued by a freight forwarder will be rejected, unless it indicates that it is issued by such freight forwarder acting as a carrier, or as the agent of a named carrier. Fourth, transport documents issued by a freight forwarder will be accepted. This can be found in the article 30 of 1993 Revision UCP(ICC Publication No. 500) and the article 14 l of 2007 Revision UCP(ICC Publication No. 600). According to the former unless otherwise authorized in the Credit, transport document issued by a freight forwarder will only be accepted if it is appears on its face to indicate the name of the freight forwarder as a carrier or multimodal transport operator or its agent. The latter prescribed that a transport document will be accepted if it is issued by a freight forwarder by a agent of carrier or freight forwarder itself.

• 한국컴퓨터정보학회논문지
• /
• 제29권6호
• /
• pp.13-22
• /
• 2024

기사성광고의 필요성과 긍정적인면도 존재하나, 일부 무분별한 '기사성 광고'로 인하여 과장되고 위장된 정보를 전달함에 따라 독자들은 일반기사와 기사성 광고의 구별이 어려움에 따라 많은 정보의 오인과 혼란을 하고 있다. 독자들은 앞으로도 계속 새로운 정보를 획득하고 이러한 정보를 적재적소에 적용하여 많은 가치를 가져와야 하기에, 정확한 일반기사와 기사성 광고를 식별하는 것이 더욱이 중요하다고 판단된다. 따라서 일반기사와 기사성 광고의 구별된 정보를 필요로 하기에, 이러한 일환으로, 인터넷신문에서 이러한 무분별한 기사성 광고로 인한 정확한 정보식별의 어려움이 많은 독자들을 위해, 본 논문에서는 IT기술과 AI기술을 접목한 시스템측면에서 해결할 수 있는 방법을 제시하고자 하였으며, 이러한 방법은 광고성 키워드를 찾아내어 정제해주는 지식기반 자연어처리 방법과 딥러닝기술을 이용한 기사성 광고를 추출하고자 설계 하였다.

• World Technopolis Review
• /
• 제6권2호
• /
• pp.113-129
• /
• 2017

Universities are considered important actors and drivers of socio-economic development in the regional innovation eco-system. This article investigates the role Kenyan universities and research institutes play in the development of regional innovation eco-system in the context of triple and Quadruple helices. A model involving Government, Industry, Universities and Society (Public) linkages in the regional innovation eco-system and with Information and Communication Technology as an enabler is used as a framework for analysing the nature of linkages in Kenya. The article uses literature review and case study methods to examine how universities and research institutes can spur the development of the innovation eco-systems. The research question is: what is the role of Kenyan universities and research institutes in spurring innovation ecosystems? Six cases of Kenyan universities and research institutes are considered in the light of Government Policy on Science, Technology and Innovation (STI) which is underpinned in Kenyan constitution 2010. The study contributes to the understanding of how deep collaboration among universities, government, research institutes, Science Cities, local, regional, national and international players spurs the creation of world-class innovation ecosystems which can contribute to regional development in developing countries like Kenya.

• Journal of Information Science Theory and Practice
• /
• 제6권3호
• /
• pp.37-44
• /
• 2018

An academic article is normally cited within a few years of publication, after which interest falls off as the research field moves on. However, an article is sometimes ignored for many years only to attract interest after a long period of dormancy. Such articles are called "Sleeping Beauties." A general characterization of this pattern has recently been defined and is used in this study to identify five Sleeping Beauties that were published by researchers at the University of Waterloo in the 1970s and 1980s. While a handful of studies have examined the occurrence of such Sleeping Beauties in specific fields of research or in a particular journal, none has yet identified these unusual articles in the context of the lasting impact of a university's research. This study is therefore a novel application of the latest technique for identifying Sleeping Beauties. The possibilities for using this unusual citation pattern in raising the profile of a university's research are discussed.

• 디지털융복합연구
• /
• 제14권5호
• /
• pp.391-402
• /
• 2016

온라인 언론에 매일 같이 등장하는 선정적이고 사실이 왜곡된 광고에 주목한 이 연구는 온라인 언론에서 활용되고 있는 기사형 광고의 과대과장광고에 대한 위법성 여부를 밝히는데 주된 목적이 있다. 온라인상에 게재되는 각종 광고의 허위, 과대, 과장 등 다양한 불법행위에 대한 법률 당사자 간의 관계와 법률상 의무와 책임 관계를 규명한 결과는 다음과 같다. 첫째, 온라인 언론이 게재한 허위 과대과장 광고는 온라인 언론의 자산이며, 이는 진실되고, 신속해야 하는 여타의 기사 및 광고와 동등한 의무와 책임을 가진다. 둘째, 온라인 언론이 게재한 허위 과대과장광고와 관련된 법률 주체는 광고 행위 주체인 온라인 언론과 광고주 그리고 이를 접하고 향후 소비행위 여부를 결정하는 소비자로 규정한다. 셋째, 온라인 언론이 게재한 허위 과대과장 광고는 우리나라 법의 제재를 받는다. 넷째, 이러한 광고로 인하여 피해가 발생한 경우에는 일반법인 민법 제 750조에 의거, 피해자는 손해배상청구권을 갖는다. 다섯째, 허위 과대과장 광고를 통하여 소비자에게 피해가 발생한 경우, 제한적으로 온라인 매체 또한 책임을 부과할 수 있다.

• Environmental Engineering Research
• /
• 제25권1호
• /
• pp.18-28
• /
• 2020

In this paper the authors provide comparative evaluation of current research that used liquefaction and pyrolysis method for bio-oil production from various types of biomass. This paper review the resources of biomass, composition of biomass, properties of bio-oil from various biomass and also the utilizations of bio-oil in industry. The primary objective of this review article is to gather all recent data about production of bio-oil by using liquefaction and pyrolysis method and their yield and properties from different types of biomass from previous research. Shortage of fossil fuels as well as environmental concern has encouraged governments to focus on renewable energy resources. Biomass is regarded as an alternative to replace fossil fuels. There are several thermo-chemical conversion processes used to transform biomass into useful products, however in this review article the focus has been made on liquefaction and pyrolysis method because the liquid obtained which is known as bio-oil is the main interest in this review article. Bio-oil contains hundreds of chemical compound mainly phenol groups which make it suitable to be used as a replacement for fossil fuels.

• Journal of Korea Trade
• /
• 제27권1호
• /
• pp.176-191
• /
• 2023

Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

• Child Health Nursing Research
• /
• 제21권4호
• /
• pp.347-354
• /
• 2015

Purpose: This descriptive study was performed to explore trends in child health nursing research by analyzing the themes, contents and structure of articles published in 2014 in Child Health Nursing Research, the official journal of the Korean Academy of Child Health Nursing. Methods: Thirty-eight articles were reviewed using keywords, author (s), subjects, ethical considerations, designs, statistics involved, funding resources, and others. Results: Ten domains from 160 keywords were identified as follows, child related, psycho-social variable related, parents and family related, nursing and health related, and others. A mean of 2.9 authors per article was identified and 71% of the authors were academic- affiliated. Twenty-eight articles were human-participant related while 21 articles addressed both Institutional Review Board and written consent. Non-experimental design was the most commonly used method followed by experimental design, and qualitative design. The duration for acceptance was a mean of 89.1 days from submission with most articles requiring a second round of article review. Half of the articles were supported by grant organizations such as Korean National Research Foundation. Conclusion: The findings of the analysis show an improvement in the scientific quality with a diversity of articles in Child Health Nursing Research.

• 대한통합의학회지
• /
• 제12권2호
• /
• pp.197-210
• /
• 2024

Purpose : This study aimed to analyze research trends in the field of integrative medicine through a bibliometric analysis of articles published in Integrative Medicine Research (IMR) journal from 2017 to 2022. Methods : Articles published in IMR journal between 2017 and 2022 were searched using the Web of Science database on August 22, 2023. The analysis was performed using the Bibliometrix and Biblioshiny tools in R (version 4.3.1) and VOSviewer (version 1.6.19). Results : The key findings were as follows: average citations per article (9.41), total authors (1,142), single-authored articles (12), average articles per author (0.27), average co-authors per article (5.27), and rate of international co-authorships (15.69 %). The most-cited article was on the cryopreservation of cells or tissues and their clinical applications. The top keyword analysis by author keywords showed that "acupuncture" was the most frequently used keyword (33 times). Co-occurrence network analysis showed 85 high-frequency keywords that appeared five or more times, and the top five keywords by total link strength were "acupuncture," "herbal medicine," "prevalence," "alternative medicine," and "complementary." The study found that, contrary to the trend in complementary and alternative medicine research in Korea, the IMR journal actively conducts intervention studies to provide clinical evidence. Conclusion : In the IMR journal, "acupuncture" was the most frequent of author keywords. The analysis of keyword trend topics over time showed that the keyword "systematic review" continued to appear from 2020 to 2022, and the keyword "clinical practice guideline" appeared for the first time in 2021. In particular, the co-occurrence network analysis highlighted keywords related to intervention research, in contrast to domestic research trends. While this study analyzed only one journal, future studies expanding the category of integrative medicine and increasing the number of journals analyzed may provide further insights.