• American Studies
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• v.43 no.1
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• pp.115-143
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• 2020

The U.S. Congress has been known to effectively control the bureaucracy. On one hand, Congress adjusts the degree of discretion provided to the bureaucracy when making agencies or legislation: ex ante control. On the other hand, it also performs the oversight activities to punish or correct undesirable behaviors of bureaucrats: ex post control. While the dynamics of each control mechanism is widely examined theoretically, few have attempted to empirically investigate this with a special attention to partisan politics in Congress. I attempt to fill this gap by measuring the two types of control mechanisms, testing theoretical assertions, and analyzing the dynamics under the two control mechanisms.

• The Korean Journal of Archival Studies
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• no.44
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• pp.5-49
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• 2015

Although a study on documentation strategy has been steadily releasing recently in the archival study field, it is rare that the cases or studies applying the institutional functional analysis methodology that Helen Samuels had suggested. The institutional functional analysis is a methodology to provide a comprehensive understanding of the record by defining the essential features of the institution at a macro level. The documentation area derived from the institutional functional analysis functions as a priori framework for an archivist to select and keep the records of the institution. In other words, by analyzing the function of the institution through the institutional functional analysis methodology, it makes possible to identify the functions not covered under the current records retention schedule at a macro level ensuring accountability of the organization's business activities. The documentation project of the United States is a prime example to comply with this background. In this study, by analyzing the case of the United States Congress, it is proposed the derived implications for applying the institutional functional analysis to the National Assembly of the Republic of Korea, where is the similar national institution to the U.S. Congress. For this purpose, firstly, the theoretical debate on the institutional functional analysis as the previous studies. Secondly, the documentation project of the United States Congress has been case analyzed by each function according to the institutional functional analysis. Thirdly, on the basis of the case study results, the implications are derived and it is suggested that the documentation areas applicable to the National Assembly of the Republic of Korea.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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• v.19 no.4
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• pp.435-446
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• 2021

This article examines the consequences of a significant spent fuel management decision or event in the United States, South Korea and Taiwan. For the United States, it is the financial impact of the Department of Energy's inability to take possession of spent fuel from commercial nuclear power companies beginning in 1998 as directed by Congress. For South Korea, it is the potential financial and socioeconomic impact of the successful construction, licensing and operation of a low and intermediate level waste disposal facility on the siting of a spent fuel/high level waste repository. For Taiwan, it is the operational impact of the Kuosheng 1 reactor running out of space in its spent fuel pool. From these, it draws six broad lessons other countries new to, or preparing for, nuclear energy production might take from these experiences. These include conservative planning, treating the back-end of the fuel cycle holistically and building trust through a step-by-step approach to waste disposal.

• Analyses & Alternatives
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• v.7 no.1
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• pp.229-258
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• 2023

For the main countries of the Asia-Pacific region, the United States, China and Russia, a situation of "new normality" is emerging. Moreover, for each of the countries, this "new normality" has its own meaning. For the United States, this is an aggravation of the military confrontation with China in the Taiwan Strait. For China, this is an increase in the degree of rivalry with the United States and a slowdown in the pace of economic development with a very high probability of their decline in the future. For Russia, this is an almost complete curtailment of relations with the United States against the background of a special military operation and imposed sanctions. These nuances, in addition to the results of the 20th CPC Congress, will determine the main trends in Sino-American and Sino-Russian relations. It seems that China's attitude towards Russia will not change against the background of the Ukrainian crisis. Beijing will maintain a position of "benevolent neutrality" towards Moscow. At the same time, the balance between "goodwill" and "neutrality" may vary depending on the scope of Sino-Russian cooperation. For example, in the economic sphere, Chinese companies will be afraid to cooperate with Russian partners for fear of secondary sanctions. However, in general, Russia will retain its importance for China as the strongest anti-American pole. In relations with the United States, China will continue to firmly defend its interests, while at the same time not excluding the normalization of relations with Washington in certain areas of cooperation: strategic stability, non-traditional threats, ecology, etc. In general, the decisions of the 20th CPC Congress do not allow us to say either in favor or against the idea of China's readiness to resume dialogue with the United States in the post-congress period. Sino-American relations, as noted above, have their own logic and will probably continue to develop within its framework. However, so are Sino-Russian relations. Within the framework of these logics, Beijing seems to continue to balance between the two vectors of its foreign policy. On the one hand, this is the development of bilateral cooperation with Russia in order to strengthen its own negotiating positions in the confrontation with the United States: military cooperation with an emphasis on joint exercises, political cooperation based on anti-Americanism, economic cooperation with an eye to the risks of secondary sanctions. On the other hand, it is unacceptable for China to recognize the collapse of Ukraine, the inadmissibility of a direct military clash with the United States and the extreme undesirability of further aggravation of relations with the United States on the factor of Chinese friendship with Russia.

• Analyses & Alternatives
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• v.4 no.2
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• pp.5-38
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• 2020

This paper investigates how public opinion has affected the United States Senate's votes on arms control treaties. Applying multilevel modeling with post-stratification to national polls, this paper produces estimates of state-level opinion on both the New Strategic Arms Reduction Treaty of 2010 and the Comprehensive Test Ban Treaty of 1999. Using these estimate, this paper examines the relationship between public opinion and the Senate's votes on the treaties. This paper finds that the influence of public opinion was mostly significant but indirect. These findings indicate that some version of the delegate model of representation is more applicable to foreign policy making in Congress.

• Journal of Arbitration Studies
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• v.22 no.2
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• pp.125-157
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• 2012

This study is to vindicate the vacation of arbitral awards in the United States. It focuses on the harmony of case law with statutory law of the United States. Until the early twentieth century, the American legal system, having adopted the English common law view, harbored a hostile attitude toward arbitration. The purpose of the Federal Arbitration Act (FAA) of the United States, enacted in 1925, was to eliminate the hostile attitude of courts toward arbitration. Congress is to enforce arbitration agreements into which parties have entered and to place arbitration agreements upon the same footing as other contracts. The structure of grounds for vacating arbitration awards has two layers. One is of vacating grounds with statutory origins, such as the FAA and the Uniform Arbitration Act, and the other, of vacating grounds originating from a nonstatutory, case law background. For a while, vacatur based on case law has coexisted with vacatur on statutory grounds for arbitration awards. After the Supreme Court decision in Hall Street Associates, L.L.C. v. Mattel, Inc., however, the justification of vacating based on case law has weakened. Post-Hall Street decisions of circuit courts show ways to deal with manifest disregard of the law. One of them is the harmonization of the case law grounds for vacating with the statutory grounds. It seems that the manifest-disregard-of-law and public-policy exceptions show a possibility of survival after Hall Street. However, other nonstatutory grounds for vacation of arbitration awards have no firm basis after Hall Street.

• Journal of Radiation Protection and Research
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• v.9 no.2
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• pp.129-136
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• 1984

It is a report on the recent trend of research and educational activities in the field of radiation protection in western countries perceived by the author through the participation to the 6th International Congress of IRPA held in Berlin(West) from May 7 to 12, and the IAEA scientific visit to several universities and a couple of national laboratories in the United States from August 27 to September 10, 1984.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.69-89
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• 2018

The United States of America is one of the most favoring countries in which mandatory pre-arbitration clauses in the form of adhesion contract have been widely recognized and supported by courts and the Federal Arbitration Act. However, after the financial crisis in 2008 and the National Arbitration Forum scandal in 2009, in enacting the Dodd-Frank Wall Street Reform and Consumer Protection Act ('Dodd-Frank Act'), Section 1028(a) of the Act requires the newly created Consumer Financial Protection Bureau (CFPB) to provide Congress with a report on "the use of agreements providing for arbitration of any future dispute between covered persons and consumers". Section 1028(b) also grants the CFPB the authority to "prohibit or impose conditions or limitations on the use of an agreement between a covered person and a consumer for a consumer financial product or service providing for arbitration of any future dispute between the parties, if the Bureau finds that such a prohibition or imposition of conditions or limitations is in the public interest and for the protection of consumers." Pursuant to the Dodd-Frank Act, the CFPB issued a report entitled "2015 Arbitration Study: Report to Congress 2015 (Report)" in March 2015. This paper examines some major legal issues of the Report and makes a few recommendations for Korean financial institutions which entered into the U.S. financial market or has a plan to do so in the near future.

• International Commerce and Information Review
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• v.11 no.3
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• pp.363-390
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• 2009

This study investigates the role of private participation in FTA Negotiation in case of US, Mexico and Japan. We utilize Putnam(1988)'s two stage negotiation model, Schelling Conjecture and Principal-Agent(P-A) theory to understand the role of private sector in FTA Negotiation. Those theories are useful to understand the behavior and interaction of key players such as private sector, congress and government in FTA negotiation. Putnam(1988)'s two stage negotiation model divides the FTA negotiation process into two processes: the external negotiation with foreign country and domestic negotiation with domestic interest group. Principal-Agent(P-A) theory provides the theoretical foundation of Putnam's two stage negotiation model, which is that principal's interest is not identical to the interest of Agent. We showed that the private sector and congress play an important role in FTA negotiation in United States. In case of Mexico, the private sector and government occupy the dominant position in FTA negotiation. In particular, the cooperation of industry and government has been successfully established via COECE in Mexico. In contrast to these countries, the role of private participation in trade policy is relatively low in Japan and Korea.

• The Korean Journal of Archival Studies
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• no.8
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• pp.181-211
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• 2003

The purpose of this study is to reveal the context within which EAD was developed, to review the elements and the structure of EAD 1.0 version and to introduce EAD as new standard for encoded archival finding aids in Korea. Encoded Archival Description(EAD) has been developed in 1993 in order to facilitate exchange of ISAD(G) descriptive information. EAD is currently administered and maintained jointly by the Society of American Archivists and the United States Library of Congress. While development was initiated in the United Stares, international interest and contribution are increasing. EAD is a encoding standard designed specifically for marking up information contained in archival finding aids. From its inception, EAD was based on SGML, and, with the release of EAD version 1.0 in 1998, it is also compliant with XML in order to facilitate easier internet access to SGML-encoded finding aids. EAD is the first tool to preserve the multilevel and hierarchical description manifest in finding aids by providing structures in which to describe entire record collections and increasingly smaller subcomponents thereof such as series, subseries, folders, and even items. Archival institutions can form a EAD consortium and also create a union database of EAD finding aids for the geographically dispersed collections. The EAD DTD provides a flexible way for archives to convert finding aids that exist in paper form into electronic documents or to create new finding aids in electronic form.