• Title/Summary/Keyword: United Nations Convention

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A Study on the Efficiency of Trade Arbitration by the New Arbitration Law of Korea (무역중재의 특성과 개정중재법의 효율성에 관한 고찰)

  • Chung, Ki-Ihn
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.3-44
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    • 2006
  • Arbitration, which involves a final determination of disputes, has elements of the judicial process. Although an alternative to formal court litigation, it does not replace it in all aspect, but rather coexists with court procedure as an adjunct and part of administering justice. As the international trade has the basic problems of business managed between the parties of other countries having different laws, customs, cultures, currencies and religions. It has been known that these defects caused the commercial disputes and suspended economic fluence in world economic development through the foreign business. The United Nations launched 'the United Nations Convention on the Enforcement and Recognition of the Foreign Arbitral Awards' in 1958 to give effect to the international commercial arbitration. However, the convention has the limitation in excluding the legal obstacles originated from domestic arbitration systems of every states. As the result, the UN succeeded in making world wide arbitration law named 'The UN Model Law on International Commercial Arbitration' in 1983 and recommended all member countries to accept it to revise their domestic arbitration laws thereafter. Korea revised national arbitration law accepting 100% of the model law in 2000. In this respect korea became to have the international dispute settlement system. Korea will be able to settle more business disputes arisen from the international trade and enjoy the world credibility through the new arbitration system.

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A Study on the Requirements for Exercise of the Right of Hot Pursuit in the UNCLOS (UN해양법협약상 추적권 행사의 요건에 관한 고찰 - 상선 사이가(M/V Saiga)호 및 불심선 사건과 관련하여 -)

  • Kim, Jong-Goo
    • Proceedings of KOSOMES biannual meeting
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    • 2008.05a
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    • pp.197-204
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    • 2008
  • The right of hot pursuit is an exception to the general rule that a ship on the high seas is subject to the jurisdiction of the state whose flag she flies. The right of hot pursuit is provided in the United Nations Convention on the Law of the Sea. This paper discusses the requirements of the right of hot pursuit. The use of force should be avoided during hot pursuit. When force is unavoidable, that is not go beyond what is reasonable and necessary in the circumstances.

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A Domestic Power Companies' Strategy to Enter Asian Thermal Power Plant Market (국내 발전기업의 아시아 화력발전플랜트 시장 진출전략)

  • Park, Chang-Hyun;Moon, Seung-Jae
    • Plant Journal
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    • v.7 no.4
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    • pp.58-66
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    • 2011
  • The power plant companies reached the culmination for growth in the domestic market. Besides, we have faced many challenges such as an electricity opening market trend for overseas, banning the use of coal due to the United nations framework convention on climate change, and the meticulous attention regarding the government's electricity charge plan. On the other hand, the overseas business has been a critical issue since China and many other developing countries expanded their projects abroad. Another factor is that power plant industry is being privatized, and it made the market regulation a bit loose. Thus, the market environment became favorable toward those companies which planned many overseas businesses. In this research, the power plant company's current condition for construction and operation as well as its technical competitiveness were analyzed, and an alternative plan using SWOT analysis for entering an oversea market was made. It dealt with both internal and external factors. Also, examined was the current situation under the power plant industry dealing with restructure for electric industry, lack of fossil fuel, and the United nations framework convention on climate change. From the research, it was suggested that many successful strategies to enter the overseas business by using the market trend I researched.

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The Emergence of International Ocean Regime and the Change of Power Concept in International Society -The Case of United Nations Convention on the Law of the Sea- (국제사회 힘의 변화와 해양레짐 출현에 관한 소고 -유엔 해양법협약을 중심으로-)

  • Kang, Ryang;Park, Seong-Wook;Yang, Hee-Cheol
    • Ocean and Polar Research
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    • v.28 no.3
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    • pp.273-285
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    • 2006
  • As the political arguments on international power concept has gradually been deepened, the role of international regimes, defined as principles, norms, rules, and decision-making procedures around which nation-actors' expectations converge in a given issue-area, has also been reinforced. There are many ways of understanding about international regimes. In terms of realistic theories, international regimes are one of methods of maintaining hegemonic power order of hegemonic nation and in terms of liberalistic theories, international regimes are understood as the products of mutual inter-dependence of nations in changing international society. As a matter of fact, if we take structural causes and regime consequences into severe consideration, we can find not a few characteristics of international regimes, such as security regime, world trade and fiance regime, ocean regime, environmental regime, human right regime, etc. This paper will examine the changing concept of power after World War II in three categories of hard power (military power), meta power (regime creating power), and soft power (advanced in cultural, diplomatical, and technological power). This paper will provide the evidence of why the changing power concepts will be strongly related with the emergence of international regimes. The UN convention on the law of the sea will chosen as a standard case of the ocean regime and it's regime structure and role will also be analysed in both realistic :md liberalistic theories. Futhermore, the nations' interests involved in the UN convention on the law of the sea will be analytically classified and finally a future prospectus of the UN convention on the law of the sea as an ocean regime will be tested.

The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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A Study for the Application and the Buyer's Remedy for the United Nations Convention on Contract of the International Sales of Goods to the Government Foreign Procurement Contract (정부 외자조달계약의 국제물품매매협약의 적용과 매수인의 구제에 관한 연구)

  • Lee, Dong Wook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.62
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    • pp.55-86
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    • 2014
  • Korea has become a member of the United Nations Convention on Contract of the International Sales of Goods (the 'CISG') effective since March 1, 2005. As, therefore, the governing law of the general terms and conditions (the 'GTC') in the Government Foreign Procurement Contract (the 'Contract') is mandatorily fixed to the Korean Law, the CISG, as an International Convention, now having an equivalent or even higher status to the Korean Law, unless expressly excluded, will be priorly applied to the Contract where a transaction occurs between its members. In this regard, this study focuses on how to find the way for the CISG to be a governing law of the GTC in order to eliminate legal uncertainties and lacks of foreseeability prevailed in the international trade. For that purpose, the legal aspects of GTC, and the Buyer's remedy for the Seller's breach of the Contract are analyzed in accordance with the comparative study between the CISG and the GTC including the relevant case studies. As a result of this study, the application of the CISG into the GTC is highly recommended in order to reflect into the Contract such features as fairly harmonized for the interest of both parties. Taking this opportunity, a GTC, amended from the existing one, or newly formed, within the perimeter of not conflicting with the provisions of the CISG, including but not limited to the Civil Law and Commercial Law, is required in order to evenly share each party's responsibilities and obligations where the breach or remedy of the Contract is, and, thus, which will ultimately contribute to an efficient conduct of the Contract.

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Characteristics and Status of Persistent Organic Pollutants and Heavy Metals in Ambient Air (대기 중 잔류성 유기오염물질과 중금속의 특성과 현황)

  • 김영성
    • Journal of Korean Society for Atmospheric Environment
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    • v.19 no.2
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    • pp.113-132
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    • 2003
  • In May 2001, the Stockholm Convention on Persistent Organic Pollutants (POPs) for phasing out and eliminating POPs was signed by 90 countries at the Diplomatic Meeting in Stockholm. In 1998, three years before the Convention, the protocols on POPs and heavy metals were adopted by the United Nations Economic Commission for Europe under the Convention on Long-Range Transboundary Air Pollution. Growing attention on POPs and heavy metals during the past 10 years is primarily due to their toxicity in minute quantities. POPs and some metal compounds are even more toxic because of their bioaccumulation potentials associated with a high lipid solubility. Furthermore, owing to their persistence and semi - volatility, they are widely distributed in the environment, traveling great distances on wind and water currents. Recent international cooperation to address POPs and heavy metals has focused on these issues. Long -range transport of those pollutants are particularly concerned since Korea is located downwind of prevailing westerlies from China. In this paper, a review is provided to assess the properties, sources, emissions, and atmospheric concentrations on POPs and heavy metals.

A Study on the Legal Aspects of E-Commerce in China (판례를 통해 본 중국의 전자상거래와 관련한 몇 가지 문제에 관한 연구)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.213-237
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    • 2010
  • The purpose of this paper is to analysis the legal aspects of e-commerce, particularly those relate to electronic contract, in China On 23 November 2005, the United Nations General Assembly adopted a Convention on the Use of Electronic Communications in International Contracts, known popularly as the Electronic Communications Convention. China signed it but the convention is not binding yet as it still requires the ratification by three states. On the other hand, China adopted a new act legalizing the electronic signature in 2004. This new act provides electronic signatures with the same legal status as handwritten signatures. But the efficiencies that business hopes to achieve through electronic commerce are not completely reflected in the legal processes necessary to support those hopes.

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Global Trends in Mercury Management

  • Kim, Dae-Seon;Choi, Kyunghee
    • Journal of Preventive Medicine and Public Health
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    • v.45 no.6
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    • pp.364-373
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    • 2012
  • The United Nations Environmental Program Governing Council has regulated mercury as a global pollutant since 2001 and has been preparing the mercury convention, which will have a strongly binding force through Global Mercury Assessment, Global Mercury Partnership Activities, and establishment of the Open-Ended Working Group on Mercury. The European Union maintains an inclusive strategy on risks and contamination of mercury, and has executed the Mercury Export Ban Act since December in 2010. The US Environmental Protection Agency established the Mercury Action Plan (1998) and the Mercury Roadmap (2006) and has proposed systematic mercury management methods to reduce the health risks posed by mercury exposure. Japan, which experienced Minamata disease, aims vigorously at perfection in mercury management in several ways. In Korea, the Ministry of Environment established the Comprehensive Plan and Countermeasures for Mercury Management to prepare for the mercury convention and to reduce risks of mercury to protect public health.

Consideration on the Convention of Space Station as Law-Making Process among Nations (다수국간법정립행위로서의우주기지협정에관한고찰(多数国間法定立行為としての宇宙基地協定に関する一考察))

  • Horish, Saito
    • The Korean Journal of Air & Space Law and Policy
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    • v.14
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    • pp.87-110
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    • 2001
  • This Article examines a structure of two Conventions of Space Station, compares 1988 Convention and 1998 Convention, and tries to apply "model" to it. The structure of 1988 Convention shows us three phases: the Convention as a framework, the bilateral memorandum of understanding and the legislation by domestic process of United States. There were many advantageous provisions for United States. In 1998 Convention, however, those provisions are dampened and provisions become impartial, for example, the criminal jurisdiction, the right of intellectual property and the codes of conducts in Space Station. On the other hand, we sets the "model" up, that is "input of national benefits and ideas ${\Rightarrow}$ process of law-making ${\Rightarrow}$ output of common benefits, universal ideas and wastes." In the case of applying this "model" to 1988 and 1998 Conventions, we are convinced of enough possibility to understand and explain the legal system of Space Station by this "model." This result awakes us that study of legal system of Space Station according to the "model" influences the fundamental theory of International Law Study: the relation between international law and domestic law. This "model" has possibility to change the theory of relation between from "international law and domestic law" to "domestic law and domestic law through international legal system." In the end, we should reconsider on "policy-oriented jurisprudence" by professor McDougal to use his key words for explanation of concepts in the "model," because his theory contains important suggestions to the study of law-making process and legal system for outer space activities in the near future.

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