• Title/Summary/Keyword: Rules of origin

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The Applicability of he UNIDROIT Principles in Interactional Commercial Arbitration (국제상사중재(國際商事仲裁)에서 UNIDROIT 원칙(原則)의 적용가능성(適用可能性))

  • Oh, Won Suk
    • Journal of Arbitration Studies
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    • v.9 no.1
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    • pp.161-182
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    • 1999
  • The purpose of this paper is to examine the applicability of the UNIDROIT Principle in international commercial arbitration. For this purpose, I have studies the basic two characters of this Principles: One is of general rule(principle); Another is of international and commercial character. According to CISG, questions concerning matters governed by the CISG which are not expressly settled in it are to be settled in conformity with the general principles, so this Principles will cover many questions which are not expressly settled in the applicable law, by gap-filing, analogy or usage. In the preamble of this Principles, there are five cases in which the Principles shall be applied or may be applied. If the disputes are submitted to the any national court, the application of this Principles would be restricted because of the mandatory rules of national, international or supranational origin. But the disputes are submitted to arbitration, the arbitrator would have more discretional powers to apply the Principles than the judge. The reason is that in the arbitration, the arbitrators do not bear obligation to act in conformity with the law applicable by virtue of the rules of rules of private international law. I also examined the applicability of the Principles in cases which there are no mentions in preamble: When the international arbitrators choose the Principles; When the arbitrators decide ex aequo et bono; When the both parties have not chosen the governing law; When there are gaps in domestic law chosen by the parties; When the applicable domestic law is insufficient. In all these cases, the Principles may be applied more easily and conveniently in arbitration than in litigation. Thus to envisage the application of this Principle in international arbitration, first both parties in international commercial contracts should incorporate this Principle as a governing law in their contracts, and second, the arbitrators should try to apply this Principles in their arbitrations by choice, analogy, general principles or usage.

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Linguistic Theory in India and Panini (인도의 언어이론과 파니니)

  • 김형엽
    • Lingua Humanitatis
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    • v.1 no.2
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    • pp.123-139
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    • 2001
  • In the history of linguistics in the world the scholars in India could be regarded as the representative linguists, who had provided the cornerstone of the academic development at linguistics. Without looking into the contents of Indian linguistic theories devised and developed in the past it would be almost impossible to account for the origin of descriptive linguistics and historical linguistics. These linguistics trends became full-fledged in 19 and 20 century and are still accepted by a lot of researchers in order to analyze newly revealed languages and train students only coming up the toddling level of linguistic studies. In this paper I will show how far the influence of Indian linguistics has colored the flow of linguistic growth historically. Especially through the analysis of Panini grammar I will prove the intimate relationship between the Indian linguistic theory and the generative grammar - it is the most active theory at present. The methods that Panini applied to constitute the rules like sutra include lots of information, that also could be discovered at the rules postulated in the generative grammar. One of the common features found at both linguistic theories is the simplicity of rule representation. At the generative grammar a rule has to be established without any redundancy. When certain number of sounds like p, b, m show the same phonological. change relevant to lips (labial in linguistic term) different rules need not to be given for each sound separately. It is better to find a way of putting the sounds together in a rule with grouping the 3 sounds with the shared phonetic feature 'labial'. In Panini grammar the form of a rule was decided based on the simplicity, too. For example, sutra 6.1.77 shows the phonological connection between the vowels i, u r 1 and the semi-vowels y, v, r, 1. However, it does not require to postulate 4 individual rules respectively. Instead a rule in which the vowels and the semi-vowels are involved is suggested, and linguistically the rule make it clear that the more simpler the rules will be the better they can reflect the efficiency of human language acquisition. Although the systems introduced at Panini grammar have some sense of distance from the language education itself we cannot deny the fact that the grammar formulates the a turning point of linguistic development. It is essential for us to think over the grammar from the view point of the modem linguistic theories to understand their root and trunk more thoroughly. It will also help us to predict in which way linguistic tendency will proceed to in future.

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DEVELOPMENT OF COMPUTER SOFTWARE FOR CALCULATION OF VOLUMETRIC ERROR MAP IN 3 AXIS CMMs

  • Park, H.;M.Burdekin;G.Peggs
    • Proceedings of the Korean Society for Technology of Plasticity Conference
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    • 1992.03a
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    • pp.131-158
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    • 1992
  • Verification, calibration, and compensation are becoming more essential elements for manufacture and maintenance of high performance CMMs. A computer module of volumetric error generation has been developed to calculate volumetric errors (random as well as systematic) from measured parametric errors, accepting most types of CMMs in current use. New transformation rules have been derived to transform all the parametric errors with respect to the origin of working volume considered, then incorporated, then incorporated into the module of error calculation. Two cases of practical CMMs are tested with the developed module, and showed good performance.

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How to cope with the Spaghetti Trap of multiple FTAs effectively (다양한 형태의 FTA 체결에 따른 Spaghetti Trap에 대한 효율적 대응방안)

  • Choi, Chang-Hwan
    • International Commerce and Information Review
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    • v.12 no.4
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    • pp.509-535
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    • 2010
  • This paper examines the Spaghetti bowl effect that different tariffs and rules of origin in multiple FTAs have resulted in increasing the significantly additional burden for business when it comes to apply for the use of FTA preference. The wide spread of FTAs in the several years, from 2003 to 2010, has been the most important trade policy development in economically important Korea. Korea presently has 5 FTAs in effect, and made 3 additional agreements which will be expected to take effect in next year. With the study result and expecting a growing number of FTAs in Korea in a next decade, the international trading firms will face rise of transaction costs for enterprises, particularly small- and medium-sized enterprises(SMEs) to cope with multiple tariffs and rule of origins in FTAs. To help mitigate negative effects and facilitate a more SEMs to use the FTA preference, providing new computer programs system, increasing the awareness of FTA provisions, improving business participation in FTA consultations, and SME support in light of education, and financial support are needed.

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A Study on FTA Issues and Countermeasures in Electronic Commerce (전자상거래관련 자유무역협정 추진과제와 대응)

  • Kwon, Oh-Sung
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.267-284
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    • 2004
  • The expansion of regionalism has resulted in the creation of blocs of the world economy, so that those countries not belonging to one or more blocs can discriminated. Though recently singed on the bill of FTA with Chile, Korea is actually alienated from major stream of the blocs. Therefore, Korea government makes efforts to contract more FTAs with countries such as Singapore and Japan. FTA is believed to be an important method to secure export and national competitiveness in the long term. Therefore, we need to exactly understand critical issues and the long-run effect of FTA. The paper tries to find out important issues and potential strategies relating to electronic commerce in Korea-Singapore and Korea-Japan FTA. According to the historical facts, economic effect of FTA depends a lot on the contents of the agreement. Therefore, additional intensive studies are required before contracting FTA in the future.

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The accuracy analysis on continuance cadastral map matching with Autodesk Map 5 (Autodesk Map 5을 이용한 연속지적도 접합에 대한 정확도 분석)

  • Kim, Kam-Lae;Ra, Yoong-Hwa;Park, Jun
    • Proceedings of the Korean Society of Surveying, Geodesy, Photogrammetry, and Cartography Conference
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    • 2003.10a
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    • pp.49-54
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    • 2003
  • As of date, the cadastral information which is the utility to be computerized have not been identical with local autonomous entities and relational groups each other and updated real-time, therefore the relation group or the academic circles carried out in many researches on a cadastral map matching, but the cadastral maps have not been even occurred the expansion and contraction so that the theory arrangement doesn't seem simple as to a cadastral map matching. As being take such reality into consideration, We have to be based on $\boxDr$construction ministry of the rules for continuous map$\boxUl$ for a continuous cadastral map with using PBLIS data; so the operators use Autodesk Map 5 which added applications and match the neat line by the identical scale, the different scale, the district boundary and the origin according to the judgement myself We have the purpose to minimize the problem as analyzing the accuracy between the parcel coordinates If the matched map and ones of moved map.

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A Study on the Shortest Path using the Mathematical Equivalence of the Auction Algorithm (Auction 알고리즘의 수학적 등가를 이용한 최단경로에 관한 연구)

  • 우경환;홍용인;최상국;이천희
    • Proceedings of the IEEK Conference
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    • 1999.06a
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    • pp.337-340
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    • 1999
  • At each iteration, the path is either extended by adding a new node, or contracted by deleting its terminal node. When the destination becomes the terminal node of the path, the algorithm terminate. In the process of finding the shortest path to given destination, the algorithm visits other node, there by obtaining a shortest path from the origin to them. We show here that when the auction algorithm is applied to this equivalent program with some special rules for choosing the initial object prices and the person submitting a bid at each iteration, one obtains the generic form of the $\varepsilon$-relaxation method. Thus, the two methods are mathematically equivalent

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The Economics of Conflict and Cooperation in the Asia-Pacific: RCEP, CPTPP and the US-China Trade War

  • Park, Cyn-Young;Petri, Peter A.;Plummer, Michael G.
    • East Asian Economic Review
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    • v.25 no.3
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    • pp.233-272
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    • 2021
  • The Regional Comprehensive Economic Partnership (RCEP) agreement, signed in November 2020, comes shortly after the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) entered into force and the US-China Trade War escalated. We use a computable general equilibrium model to assess the long-term effects of these three developments on income, trade, economic structure, factor returns and employment across the world, and especially in Asia-Pacific countries. The results suggest that RCEP could generate income gains that will be almost twice as large as those of the CPTPP, and that the two agreements together will largely offset the substantial negative effects of the US-China Trade War for the world as a whole. All three policy developments, but especially RCEP, will deepen East Asian production networks and will raise productivity and increase wages and employment in much of East Asia. At the sectoral level, regional trade in non-durable and durable manufactures will experience the most growth.

The Excess and Deficit Rule and The Rule of False Position (동양의 영부족술과 서양의 가정법)

  • Chang Hyewon
    • Journal for History of Mathematics
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    • v.18 no.1
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    • pp.33-48
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    • 2005
  • The Rule of False Position is known as an arithmetical solution of algebraical equations. On the other hand, the Excess-Deficit Rule is an algorithm for calculating about excessive or deficient quantitative relations, which is found in the ancient eastern mathematical books, including the nine chapters on the mathematical arts. It is usually said that the origin of the Rule of False Position is the Excess-Deficit Rule in ancient Chinese mathematics. In relation to these facts, we pose two questions: - As many authors explain, the excess-deficit rule is a solution of simultaneous linear equations? - Which relation is there between the two rules explicitly? To answer these Questions, we consider the Rule of Single/Double False Position and research the Excess-Deficit Rule in some ancient mathematical books of Chosun Dynasty that was heavily affected by Chinese mathematics. And we pursue their historical traces in Egypt, Arab and Europe. As a result, we can make sure of the status of the Excess-Deficit Rule differing from the Rectangular Arrays(the solution of simultaneous linear equations) and identify the relation of the two rules: the application of the Excess-Deficit Rule including supposition in ancient Chinese mathematics corresponds to the Rule of Double False Position in western mathematics. In addition, we try to appreciate didactical value of the Rule of False Position which is apt to be considered as a historical by-product.

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A Study on Information Asymmetry and the Country of Origin Labeling in Live Small Fish Trade for Aquaculture and Naturalization (이식용수산물 교역의 정보비대칭과 원산지표시제도 영향에 관한 연구)

  • Park Seong-Kwae;Han Kyung-Sook
    • The Journal of Fisheries Business Administration
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    • v.37 no.1 s.70
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    • pp.45-71
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    • 2006
  • The main objective of this study is to analyze problems of the Country of Origin Labeling(COOL) in small live fish(SLF) trade by applying the asymmetric information theory which is called ${\ulcorner}$Lemon Market Theory${\lrcorner}$. The purpose of importing SLF is to enhance fishing household income and import substitution effect as well. SLF importation is quite different in its nature from importing general fish and fish products for final/direct consumption. SLF are imported for the purpose of domestic aquaculture and naturalization where domestic production/supply of SLF is less than domestic demand for or such species are not native to Korean waters. Information asymmetric problems arise even in SLF trade as the same way in general goods and services. However, the information asymmetry issues in SLF trade are much more complex than non-living goods because SLF are traded in the live state. To alleviate such problems the Korean government initiated the general COOL scheme to imported SLF. However, many experts argues that such policy on SLF would not be appropriate because of SLF's very nature. Applying the lemon market theory, we can analyze how information discovery schemes are able to signal correct information to SLF trading parties and to result in more symmetric information in SLF trade markets. This research carried out a case study about small live eel(SLF) trade and its farming. The results showed that applying the COOL to small live eels just right upon coming into fish farms tends to increase substantially fish farmer's income and at the same time to lower unnecessary transaction costs. In particular, such transaction costs by imposing simply the general COOL on SLF may easily outweigh its benefits. For instance, to resolve the problems, the Korean ministry of agriculture and forestry(KMAF) has developed a quite different COOL rules from the general ones and has applied them to imported live cattle and medium/small livestocks. The KMAF's differentiated COOL policy on some imported livestocks may be a good case which can be applied to imported SLF. In addition to the differentiated COOL on SLF, Sanitary and Phytosanitary (SPS) and traceability system would play crucial complementary roles in alleviating information asymmetry problems in SLF trade. Advanced fisheries tend to strengthen their SPS system rather than to adopt the general comprehensive COOL schemes into imported SLF trades and domestic market exchanges.

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