• Title/Summary/Keyword: common law

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The Doctrine of Separability and Kompetenz-Kompetenz under International Commercial Arbitration. (전자상거래분쟁에서 국제재판관할권의 논점)

  • 박종삼
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.235-262
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    • 2004
  • A study on the international Jurisdiction to Application in Electronic Transaction Disputes The implementation of electronic commerce raises some new legal and institutional problem so it is necessary for us to prepare alternatives. As the development of electronic commerce is difficult without smooth settlement of dispute the pursue of smooth settlement of dispute is very important menu. while the most common method relating to the settlement of dispute is litigation. them relating to the litigation, the subject of jurisdiction and the subject of governing laws should be resolved above all. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on international jurisdiction given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean. Therefore, International jurisdiction to application concerned about electronic commerce should be prepared and the environment to keep electronic commerce secure and stable be guaranteed. And we should make plans to protect companies and consumers and should make efforts to expand electronic commerce infrastructure.

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Analysis of the Library Administrative Systems and Legislations in Canada (캐나다의 도서관 행정 및 법제 분석)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.38 no.2
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    • pp.75-94
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    • 2004
  • The purpose of this paper is to analyze the administrative system and legislation of Canada's libraries with priority given to public library. Canada is a constitutional monarchy, a federal state and parliamentary democracy with 10 provinces and 3 territories and two systems of law(civil law and common law). There are about 1,045 public libraries in total and its governance and legislation is a provincial responsibility. For that reason. federal government did not legislate on public libraries and library act is the provincial public library statute authorizing the establishment and operation of public libraries and their management by boards. In Canada. each provincial library act provides for four types of public libraries : municipal libraries, regional libraries, districts libraries, and integrated public library systems.

Use of Pseudo-Likelihood Estimation in Taylor's Power Law with Correlated Responses

  • Park, Bum-Hee;Park, Heung-Sun
    • Communications for Statistical Applications and Methods
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    • v.15 no.6
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    • pp.993-1002
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    • 2008
  • Correlated responses have been widely analyzed since Liang and Zeger (1986) introduced the famous Generalized Estimating Equations(GEE). However, their variance functions were restricted to known quantifies multiplied by scale parameter. In so many industries and academic/research fields, power-of-the-mean variance function is one of the common variance function. We suggest GEE-type pseudolikelihood estimation based on the power-of-the-mean variance using existing software and investigate it's efficiency for different working correlation matrices.

A Case Study on the Straight Bill of Lading (기명식 선화증권에 관한 사례 연구)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.24
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    • pp.3-23
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    • 2004
  • It is our common understanding that the carrier is bound to deliver the goods to the consignee named in a non-negotiable straight bill of lading without its presentation. But recently Court of Appeal, Singapore, held that "where a straight bill of lading is issued it is necessary for the bill of lading to be presented by the consignee to the carrier by sea in order to obtain delivery of the goods. A straight bill of lading, just like a bill of lading to order, confers title including the right to receive the goods mentioned on the bill of lading. Only the possibility of negotiation is excluded. The carrier by sea is liable where he delivers the goods to the consignee named in the straight bill of lading without delivering the bill of lading itself."

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Some Problems relating to Use of Letters of Intent in International Contracts (국제계약에 있어서 의향서의 사용과 관련한 문제점)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.55-78
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    • 2011
  • This paper has derived some problems relating to the use of letters of intent which are common occurrence in the international contracts after considering its nature and legal issues. As reviewed before, some problems may occur when a party has documented a stage in the negotiations by letters of intent. Such documents may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the documents are silent, some problems would arise. Contracting parties are therefore well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, for example, by diminishing the value of performance under the contemplated contract.

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A Study on Need and Directions of Modification of Incoterms 2000 (Incoterms 2000 개정의 필요성과 개정방향)

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.3-32
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    • 2009
  • As we know, Incoterms are reflecting only the greatest common measure of practice in int'l trade. Therefore we can think them as the commercial practice most widely used in trade. They contain a number of detail under converse mirror image terms because they connect each other like a thread as to all oversea's commercial transactions between importing buyers and exporting sellers. Therefore they afford convenience to exporters and importers in the world because they tell the parties what to do as to transfer of risk and costs, responsibilities in connection with delivery of the goods. Nonetheless, since Incoterms 1936, they have been periodically revising in order to represent contemporary commercial practice. Therefore, according to change of Int'l trade environment, ICC plans to modify to the 2000 Incoterms. I hope to contribute to revising works by reference of above mentioned revision, that to say, aspects of provision, reflection of prevailing most commonly used, promotion of status as uniform rules, provision of convenience of int'l buyers and sellers. harmony with existing int'l instruments, presentation of criteria in variation of Incoterms.

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Determination of Required Cover Depth of Concrete Exposed to Simultaneous Attack of Carbonation and Chloride Ion (중성화와 염소이온의 동시 복합환경에 노출된 콘크리트의 적정 피복두께의 결정)

  • 이창수;윤인석;이규동
    • Proceedings of the Korea Concrete Institute Conference
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    • 2003.11a
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    • pp.90-93
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    • 2003
  • The most common deteriorating processes of concrete structures in the world-wide are carbonation and chloride ion. In this paper, chloride profiles of carbonated concrete is predicted to considering two layer composite model, which is based on Fick's 2nd law. From the experimental result on combined deterioration of chloride and carbonation, it was examined that high chloride concentration was built up to 3-5㎜ over depth from carbonation depth. The analytical modeling of chloride diffusion, which was based on the Fick's 2nd law of diffusion, was suggested to depict the relative influence of the carbonation depth.

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A Legal study on the Internet Electronic Commerce Contract (인터넷 전자상거래계약(電子商去來契約)에 관한 법적(法的) 고찰(考察))

  • Han, Sung-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.14
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    • pp.397-426
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    • 2000
  • Since the internet is open to public in 1990, electronic commerce(EC) user has increase rapidly. Now EC is considered not only as communication method but also as new economical activities. EC is a kind of new commerce model which uses electronic means. And EC has global characteristics so that many country's legislation which regulates it differently makes an obstacle to vital of EC. The purpose of this study is to examine legal problems of internet electronic commerce. First, there are some legal problems whether electronic document has same legal function like traditional documents. Second, electronic signature must has authenticity, integrity, non-repudiation, writing and confidentiality in order to use looks like common signature. Finally, electronic contract is concluded on principle of mutual agreement. It is apparent that the concept of arrival is applied to the date and place in conclusion of electronic contract.

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The e-Commerce Regulation and System Structure in China (중국 전자상거래 제도구축에 관한 연구)

  • Lee, Byeong-Ryul;Kim, Jong-Chill
    • International Commerce and Information Review
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    • v.7 no.3
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    • pp.231-246
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    • 2005
  • Concerning the regulation of Internet service and the control of electronic commerce in China, It has not specific regulation and various rules or measures to enforce it yet. The common regulatory measures are that online business in some special areas must acquire a license or approval from relative agencies in advance. But whether licensing is an effect regulatory measure still takes time to verify. Accordingly these measures must be unified or coordinated to be enforced effectively. In order to encourage the development of E-Commerce, China will need to focus on developing rules that take advantage of the internet to encourage the economy, and establishing new legal rules or amending the traditional law to create a safe and secure legal environment for online transactions.

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IMPACT-TIME-CONTROL GUIDANCE LAWS FOR COOPERATIVE ATTACK OF MULTIPLE MISSILES

  • JEON, IN-SOO
    • Journal of the Korean Society for Industrial and Applied Mathematics
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    • v.19 no.3
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    • pp.253-270
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    • 2015
  • Two major simultaneous attack strategies have been introduced, as one of cooperative attack of multiple missiles. One strategy is an undesignated time attack, in which the missiles communicate among themselves to synchronize the arrival times by reducing the mutual differences of times-to-go of multiple missiles during the homing. The other is a designated time attack, in which a common impact time is commanded to all members in advance, and thereafter each missile tries to home on the target on time independently. For this individual homing, Impact-Time-Control Guidance (ITCG) law is required. After introducing cooperative proportional navigation (CPN) for the first strategy, this article presents a new closed-form ITCG guidance solution for the second strategy. It is based on the linear formulation, employing base trajectories driven by PNG with various navigation constants. Nonlinear simulation of several engagement situations demonstrates the performance and feasibility of the proposed ITCG law.