• 제목/요약/키워드: Settlement agreement

검색결과 173건 처리시간 0.023초

A Study of Three Dimensional Numerical Analysis on Vacuum Consolidation

  • Chung, Youn ln
    • 한국지반공학회지:지반
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    • 제13권3호
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    • pp.5-20
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    • 1997
  • 본 연구에서는 유한변형률 이론에 근거하여 3차원 압밀 지배 방정식을 유도하였다. 이 방정식은 비교적 압밀층의 두께가 두꺼운 경우, 비선형 물성치, 공극비에 따른 비선형 투수계수를 갖는 지반에 적합하다. 기존의 유한차분 수치해석 기법(FTCS)은 지배 방정식이 비선형 이며 복잡한 경우 안정된 해를 얻을 수 없기 때문에 본 연구에서는 특수 유한 차분 기법을 도입하였다. 이 수치해석 기법을 지배 방정식에 적용하면 시간에 따른 압밀량을 예측할 수 있다. 본 해석기법에 의해 구해진 값들을 윅드레인을 설치한 여러 가지 고압축성 토질에서의 실험 결과와 비교한 결과, 최종 압밀량과 시간에 따른 압말량이 잘 일치하고 있다.

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FTA하에서의 사적 상사분쟁의 해결 (Settlement of Private Commercial Disputes under the FTA)

  • 김상호
    • 한국중재학회지:중재연구
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    • 제17권1호
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    • pp.3-32
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    • 2007
  • This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

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연약지반에서 최종침하량의 예측방법 (Prediction of Final Settlement on Soft Ground)

  • 임성훈;강예묵;이달원;김지훈
    • 한국농공학회:학술대회논문집
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    • 한국농공학회 1998년도 학술발표회 발표논문집
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    • pp.449-454
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    • 1998
  • This study was performed of the research for accurate prediction of consolidation settlement at initial consolidation time. In order to analysis the program is developed which is able to analysis behavior of settlement caused by gradual load increment, and simulated consolidation using whole measured settlement data and that from beginning of embankment to end of it. The former result agrees with measured data and the latter it overestimated 13% larger than measured data. It was found the time which takes to be eliminated effect of gradual step load. This method is compared with the results from Asaoka, Hyperbolic and Tan's hyperbolic method respectively Asaoka and Tan's hyperbolic methods we in good agreement with this method. But classical hyperbolic method overestimated about 32%.

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WTO 상소기구의 위기와 개혁방안에 대한 연구 (A Study on the Crises and Reforms of World Trade Organization Appellate Body )

  • 곽동철
    • 무역학회지
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    • 제45권2호
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    • pp.177-189
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    • 2020
  • The dispute settlement mechanism of the World Trade Organization (WTO) is in great peril. The Appellate Body has ceased to function last December as the United States has blocked the appointment of new Appellate Body members since 2017. The focus of this study is on the examination of US's discontent on the Appellate Body and various efforts to reform the Appellate Body. In a recent report, the US Trade Representative raises its concerns on the Appellate Body including 90 days mandatory deadline, transitional rules for outgoing Appellate Body members, scope of appeal, advisory opinions, precedent, recommendation, and overreach without offering any viable solutions. Some of WTO members and experts proposed several Appellate Body reform measures but agreement between WTO members is unlikely in a foreseeable future. Alternative dispute settlement mechanisms should be seriously considered such as interim appeal arbitration arrangements, separate dispute settlement mechanisms for trade remedies, unilateral retaliatory measures without WTO authorization. Rules-based multilateral dispute settlement system is imperative to small open economies like Korea. The Korean government should actively participate in Appellate Body reform discussions with other WTO members to keep the WTO dispute settlement system from collapsing.

상사분쟁 해결촉진을 위한 한-중 중재기관간 협력의 과제 (Cooperation for Development of Commercial Dispute Settlement between Korea and China Arbitral Institutions)

  • 김상호
    • 한국중재학회지:중재연구
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    • 제15권2호
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    • pp.61-91
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    • 2005
  • It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, ADR(Alternative Dispute Resolution) including arbitration and mediation, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, efforts for settlement of trade and investment disputes by ADR have been made between Korea and China through trade and investment agreements and arbitration agreement. Judging from the importance of economic exchange between Korea and Qingdao including Shandong Province, The Korean Commercial Arbitration Board(KCAB) and The Qingdao Arbitration Commission(QAC) should strengthen mutual cooperation to develop efficient methods of resolving commercial disputes arising between the two countries and to assist parties in solving those disputes through conclusion of arbitral agreement. Recently, efforts for conclusion of a Korea-China-Japan Free Trade Agreement(FTA) received strong support at Korea-Japan and Korea-China Summit Meeting held on June and July, 2003 respectively. If the conclusion of FTA among the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. Under the circumstances, the key arbitral institutions including KCAB and QAC should consider to take the initiative in setting up tentatively called ${\ulcorner}$Joint Arbitration Center for Northeast Asia${\lrcorner}$ for which the CAMCA of NAFTA will be the good example.

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WTO 분쟁해결제도(紛爭解決制度)의 운영사례분석(運營事例分析) (An Analysis of the Operation of the WTO Dispute Settlement System for the first four and a half years)

  • 박노형
    • 무역상무연구
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    • 제13권
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    • pp.699-733
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    • 2000
  • This article analyzes the state-of-play of WTO dispute settlement for first four and a half years. Remarkable points found on this analysis are as follows: First, the Quad consisting of the United States, the European Community (EC), Canada and Japan has participated in the WTO dispute settlement mechanism more frequently than any other WTO member. Second, among developing country members some leading countries such as Korea, Brazil and India have relied actively upon the mechanism to claim and defend their rights and obligations under the WTO rules. Third, bilateral dispute settlements generally have been preferred to multilateral dispute settlements by the panel or Appellate Body. Fourth, observation of the Appellate Body proceedings well shows WTO members' strategy to use every process available to them. Fifth, the provisions of GATT 1994 have been most frequently invoked by the members. GATS and TRIPS Agreement disputes are mainly involved in developed countries, in particular the U.S. and the EC. Sixth, very high winning ratio in the panel and Appellate Body process indicates that complaining parties review the possibility to get favorable rulings even before referring to the Dispute Settlement Body (DSB) and prepare for the case very thoroughly. Seventh, roughly speaking, disputes were settled within two or three years. Therefore, seeking bilateral dispute settlement can be more advantageous to a complaining party than referring to a panel or an arbitrator because of low costs and short time period in dispute settlement. Finally, the DSB approved retaliatory actions for winning complaining parties against the defending parties who had rejected implementation of its rulings and recommendations. In conclusion, it can be said that the WTO dispute settlement mechanism has been operated very successfully for the first four and a half years. It is hoped that continued study on state-of-play of WTO dispute settlement mechanism will be contributory to improved national interest of Korea.

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인천지역 비위생 매립지반의 침하특성 연구 (The Settlement Characteristics of Incheon Unsanitary Solid Waste Landfill)

  • 조석호;임주현;김학문
    • 한국지반공학회논문집
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    • 제24권7호
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    • pp.37-42
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    • 2008
  • 인천시 소재 OO지역 비위생 매립지를 대상으로 선행하중(pre-loading) 공법에 의한 성토시 폐기물층의 침하 계측을 바탕으로 기존에 제시된 경험적 침하 모델을 적용하여 침하 모델의 적용성과 타당성을 분석하였다. 매립 연한이 20년이 지난 비위생 매립에서의 1년간의 성토기간 동안에 9개 지점의 지표면 침하판, 2개의 층별 침하계를 설치하고 약 300일간의 계측을 통해 비위생 매립지의 침하량을 측정하였다. 초기 침하 부분에서 기존의 침하 예측 모델과 본 현장의 침하량을 비교 분석한 결과 PCL(Power Creep Law)모델의 경우 실측 범위내에서 근접한 결과를 보였으나 쌍곡선(hyperbolic) 모델과 Bjarngard와 Edgers 모델의 경우 초기 실측 범위인 약 $50{\sim}70$일부터 300일까지 실측치와 근접하게 예측되었다.

점성토지반에 축조한 제방의 변형추정 -고흥만 방수제 사례연구를 중심으로- (A Deformation Prediction of the Embankment on the Soft Clayey Foundation - A Case Study of the Sea Dike of Koheung Bay -)

  • 오재화;이문수
    • 한국농공학회지
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    • 제40권4호
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    • pp.94-102
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    • 1998
  • This paper aims at developing the prediction technique of the deformation for the embankment such as sea dike and shore protection relevant to reclamation project along the southern coast of the Korean Peninsula. Generally total deformation of a sea dike over clayey foundation are composed of immediate settlement, plastic deformation and consolidation settlement. Plastic deformation occurs when the ultimate bearing capacity is less than overburden pressure containing the stress increment due to the construction of an embankment. The reliable prediction of total settlement is very important since deformed final geometry of sea dike is directly connected for analysing the safety of the long-term slope failure and piping. During this study, plastic deformation, major part of deformation was analysed using the program developed by authors, whereas immediate settlement and consolidation settlement were predicted by Mochinaka and Sena's method and Terzaghi's 1-dimensional theory of consolidation respectively. In order to validate the prediction technique for the deformation, a case study of Koheung Bay reclamation works was carried out. A good agreement was obtained between observation and prediction, which means the applicability of the technique.

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Study on Settlement Calculation of the Long-Short Pile Composite Foundation

  • XU, Xin;Kwag, Yunehyeong;Chun, Byungsik
    • 한국지반환경공학회 논문집
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    • 제14권7호
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    • pp.13-18
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    • 2013
  • As a new foundation treatment technology, long-short pile composite's design theory is still in primary phase, and there are no explicit settlement calculation methods in active codes. So it is necessary to study the working mechanism and the methods of settlement calculation. In this paper, the mechanics of long-short pile composite foundation are fully discussed. Meanwhile, based on the shear deformation method, the Mylonakis & Gazetas models about mutual action between two piles and the one between pile and soil are introduced, Considering the performance of cushion, the flexible factors of mutual actions are provided. Then the settlement calculation of long-short pile composite foundation which can consider the mutual actions between pile, soil and cap is deduced, and the correlated program is also developed. Finally, an engineering example is discussed with the method. A comparison shows that calculated results and measured data from a field test pile are in a good agreement, indicating that the presented approach is feasible and applicable in engineering practice.

Experimental and finite element analyses of footings of varying shapes on sand

  • Anil, Ozgur;Akbas, S. Oguzhan;Babagiray, Salih;Gel, A. Cem;Durucan, Cengizhan
    • Geomechanics and Engineering
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    • 제12권2호
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    • pp.223-238
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    • 2017
  • In this study, bearing capacities and settlement profiles of six irregularly shaped footings located on sand have been experimentally and analytically investigated under the effect of axial loading. The main variable considered in the study was the geometry of the footings. The axial loads were applied from the center of gravities of the test specimens. Consequently, the effect of footing shape on the variation of the bearing capacities and settlement profiles have been investigated in this paper. The three dimensional finite element analyses of the test specimens were conducted using the PLAXIS 3D software. The finite element model results are in acceptable agreement with the results obtained using experimental investigation. In addition, the usability of the finite element technique by design engineers to determine the bearing capacities and settlement profiles of irregularly shaped footings was investigated. From the results of the study, it was observed that the geometric properties of the footings significantly influenced the variation of the bearing capacities and settlement profiles.