• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.35
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• pp.101-124
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• 2007

This paper purposes to examine the setting aside and the refusal of enforcement of arbitral awards and their implications for practitioners. The aim of challenging an award before a national court at the seat, or place, of arbitration is to have it modified in some way by the relevant court, or more usually, to have that court declare that the award is to be disregarded (i.e. "annulled" or "set aside") in whole or in part. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable, not only by the courts of the seat of arbitration but also by national courts elsewhere. This is because, under both the 1958 New York Convention and the UNCITRAL Model Law, the competent court may refuse to grant recognition and enforcement of an award that has been "set aside" by a court of the seat of arbitration. The New York Convention set out various grounds for refusal of recognition and enforcement of an arbitration award. The provisions of the Model Law governing recognition, enforcement or setting-aside of awards are almost identical to those set out in the Convention. Especially, the New York Convention and the Model Law state that an arbitral award may be refused and set aside if a national court of the place of arbitration finds that the award is in conflict with the public policy of its own country. Each state has its own concept of what is required by its "public policy". It is possible to envisage, for example, a dispute over the division of gaming profits from a casino. In many states, the underlying transaction that led to the award would be regarded as a normal commercial transaction and the award would be regarded as valid. Indeed, it is a consistent theme to be found in the legislation and judical decision of many countries. If a workable definition of "international public policy" could be found, it would provide an effective way of preventing an award in an international arbitration from being set aside and refusal for purely domestic policy consideration.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.22-43
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• 2016

State Ownership of Excavated Cultural Heritage System was originated from the legislations concerning cultural objects during the Japanese colonial period (1910~1945) and was succeeded by the present Buried Cultural Properties Act enacted in 2011. Despite the importance of the system that completes the outcomes of excavations and determines the state-owned cultural properties, the foundation of national heritage, it has been limitedly regarded as administrative area and neglected by the academic scholars or policy researchers. Recently the traditional culture has drawn increasing domestic interest and awareness that the cultural heritage contributes to building cultural identity and vitalizing tourism has led to increasing the demand of a local government's role in management of the state-designated cultural heritage and even fighting for hegemony in securing the cultural objects between the central and local governments. Despite the continuing efforts for improving the selection process of cultural heritage and its management institution, establishment of an advanced objective system has been requested. This paper is intended to suggest the policy direction through demonstrating the problem and assignment caused in the process of implementing the Buried Cultural Properties Act and reviews the State Ownership of Excavated Cultural Heritage System from the legal point of view accordingly. First, I suggest improving the selection process of the state-owned cultural properties. Even though current law states that Administrator of Cultural Heritage Administration reviews the research reports and selects the possible candidates for the state-owned cultural properties almost all the cultural objects listed on the reports are practically selected. In this regard, two possible resolutions can be made; newly establishing a separate process for selecting the state-owned cultural properties after publishing the report or adding the selection process of the state-owned cultural properties during the heritage selection meeting. Either way should contribute to strengthening the impartiality and objectivity of the policy. My second suggestion is improving the operating system of the heritage selection meeting in which the cultural properties to be listed on the reports are determined. Given the present extensive assessment criteria, there is much room for certain experts' subjective opinions. Therefore, in order to enhance the fairness and credibility of the heritage selection meeting, specifying the assessment criteria and advance review of the expert list are necessary. Third, this paper suggests increasing the local government's role in management of the state-owned cultural heritage and diversifying the heritage management institution. Development of a local self-governing system has led to the increased demand for delegating the authority of the state-owned heritage management to the local governments. Along with this, the gradual improvements of public museum management raises the need for expanding the cultural benefits through increasing the local government's role in management of the state-owned heritage. Considering the fact that overall majority of the art collections housed at national or public museums is owned by the central government, developing a variety of heritage contents and vitalizing the heritage tourism are crucial. The true meaning and value of the state-owned cultural heritage hidden at the storage of a museum can be found when they are shared together with the public.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.15 no.1
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• pp.323-342
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• 2021

Personal health records (PHRs) is an electronic medical system that enables patients to acquire, manage and share their health data. Nevertheless, data confidentiality and user privacy in PHRs have not been handled completely. As a fine-grained access control over health data, ciphertext-policy attribute-based encryption (CP-ABE) has an ability to guarantee data confidentiality. However, existing CP-ABE solutions for PHRs are facing some new challenges in access control, such as policy privacy disclosure and dynamic policy update. In terms of addressing these problems, we propose a privacy protection and dynamic share system (PPADS) based on CP-ABE for PHRs, which supports full policy hiding and flexible access control. In the system, attribute information of access policy is fully hidden by attribute bloom filter. Moreover, data user produces a transforming key for the PHRs Cloud to change access policy dynamically. Furthermore, relied on security analysis, PPADS is selectively secure under standard model. Finally, the performance comparisons and simulation results demonstrate that PPADS is suitable for PHRs.

• East Asian mathematical journal
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• v.24 no.1
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• pp.45-55
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• 2008

We consider an M/G/1 queue with $P^M_{\lambda}$-service policy, which is a two-stage service policy. The server starts to serve with rate 1 if a job arrives to the sever in idle state. If the workload of the system upcrosses $\lambda$, then the service rate is changed to M and this rate continues until the system is empty. It costs to change the service rate to M and maintaining the rate. When the expectation of the stationary workload is supposed to be less than a given value, we derive the optimal value of M.

• Proceedings of the KIEE Conference
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• 2007.04a
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• pp.92-94
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• 2007

This paper considers an optimal control problem for a remote control to an electrical drive system with a DC motor. Since it is a linear control system with time-delay subject to unknown but bounded disturbance, we construct a worst-case feedback control policy. This policy can guarantee that, for all admissible uncertain disturbances, the real system state should be in a prescribed neighborhood of a desired value, and the cost functional takes the best guarantee value. The worst-case feedback control policy is allowed to be corrected at one correction point between the initial to the final time, which is equivalent to solving a 1-level min-max problem. Since the min-max problem at the stage does not yield a simple analytical solution, we consider an approximate control policy, which is equivalent and can be solved explicitly m the numerical experiments.

• Journal of Korean Society for Quality Management
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• v.30 no.4
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• pp.94-105
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• 2002

In this paper, replacement problems for a deteriorating system are considered. In the system under consideration, the successive lifetimes after repair become shorter and shorter, while the consecutive repair times become longer and longer. More specifically, the lifetimes of the system form a nonhomogeneous Poisson process, whereas the consecutive repair times constitute a stochastically increasing geometric process. Optimal replacement policies for the long-run average cost rate and the steady state availability are considered. Also taking the cost and the availability into consideration at the same time, the properties of optimal policies under the Cost Priority Policy and the Availability Priority Policy are obtained.

• International Journal of Computer Science & Network Security
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• v.21 no.12
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• pp.316-322
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• 2021

The problem of corruption and the spread of corruption crime today is not only one of the main social problems, but also an obstacle to the implementation of reforms in Ukraine. Given the complexity, scale and diversity of the impact of corruption, it is an undisputed threat to national security. At the state level, corruption threatens, firstly, state security as a result of its spread in public authorities and the combination of political and business spheres; secondly, in the domestic political sphere as a result of non-compliance and violation by officials of public authorities and local governments of the laws of Ukraine; thirdly, in the economic sphere as a result of the dominance of personal interests of civil servants over national ones; fourthly, in other spheres, namely, military, social, ecological, informational, foreign policy, etc. The origins of corruption are diverse and are formed not only in the country but also abroad. The current corruption threat is the result of the country's ineffective domestic and foreign anticorruption policies. Acceleration of the spread and manifestation of external corruption threats is associated with a number of unresolved foreign policy issues against the background of the development of globalization and integration processes, in particular: economic and financial dependence of the country on international financial institutions and organizations; as well as from foreign countries that pose a potential threat due to their ambitious plans to expand our country; unresolved issues regarding the international legal consolidation of borders, etc. It is noted that the current conditions for the development of state security, due to new challenges and threats, need to improve and implement new measures to prevent corruption as a negative impact of the main threats to national economic security. As a result of the study, the main measures to counter the main threats to the economic security of the state were identified.

• International Journal of Knowledge Content Development & Technology
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• v.14 no.1
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• pp.53-73
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• 2024

The purpose of the study is to investigate the development of institutional repositories in university libraries in Nigeria. The study adopted a survey research design. Online questionnaire, IRs investigation, and interview methods were used to collect data from the 21 university libraries that have developed IRs in Nigeria. The study revealed that only few universities have successfully developed open access IRs to preserve and manage their intellectual outputs emanating from their universities. Contents such as journal articles, theses/dissertations, and conference / workshop papers were found to be the most popular contents that are hosted in the IRs. The interview revealed that although few respondents mentioned having IR policy statements in areas such as access policy, submission policy, preservation policy, content policy and copyright policy, the majority mentioned not having any defined policy in their IR. Also in the interview, inadequate fund, challenge of collecting contents for the IR, shortage of skilled ICT personnel, and inadequate facilities were the most mentioned challenges encountered in the development of IRs in Nigeria. Findings from this study will inform University Librarians, university management and policy makers on the need to provide the necessary infrastructure and formulate policies for smooth development of institutional repositories to make research visible globally. The results will therefore provide important data and insight into the development of institutional repositories in university libraries in the context of developing countries.

• Journal of Environmental Policy
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• v.5 no.4
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• pp.19-49
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• 2006

As global climate change is expected to influence regional water resources, water resource managers need to establish adaptive management to cope with climate change. We examined adaptive management efforts in the US, UK, Canada, Australia, and the Netherlands. Each country is implementing different levels of adaptation efforts based on current water management practices, institutional arrangements, as well as the varying degree of water availability, current climate effects and expected climate change effects. Based on the comparison of these countries, we suggest policy implications for the sustainable water resource management of Korea under climate changes.

• The KIPS Transactions:PartA
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• v.10A no.6
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• pp.677-684
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• 2003

Most policies of VOD services are mainly studied about server system, and make no touch on clients buffer stabilization which is the basis of guaranteeing playback quality and playing without cut off. In this paper, we proposed a skipping frame transfer policy that can sending dynamic buffer control signal to server in accordance with clients buffer state of starvation or overrun, and server transfers a skipped frame to client after receive the control signal. And through a simulation, we show the suggested policy is more efficiency on playback quality by buffer stabilization which is by preventing loss and miss for receiving frame due to grow worse client buffer state.