• 제목/요약/키워드: comparative law research

검색결과 215건 처리시간 0.026초

An improved 1-D thermal model of parabolic trough receivers: Consideration of pressure drop and kinetic energy loss effects

  • Yassine Demagh
    • Advances in Energy Research
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    • 제8권1호
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    • pp.21-39
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    • 2022
  • In this study, the first law of thermodynamics was used to establish a one-dimensional (1-D) thermal model for parabolic trough receiver (PTR) taking into account the pressure drop and kinetic energy loss effects of the heat transfer fluid (HTF) flowing inside the absorber tube. The validation of the thermal model with data from the SEGS-LS2 solar collector-test showed a good agreement, which is consistent with the previously established models for the conventional straight and smooth (CSS) receiver where the effects of pressure drop and kinetic energy loss were neglected. Based on the developed model and code, a comparative study of the newly designed parabolic trough S-curved receiver versus the CSS receiver was conducted and solar unit's performances were analyzed. Without any supplementary devices, the S-curved receiver enhances the performance of the parabolic trough module, with a maximum of 0.16% compared to CSS receiver with the same sizes and mass flow rates. Thermal losses were reduced by 7% due to the decrease in the temperature of the outer surface of the receiver tube. In addition, it has been shown that from a mass flow rate of 9.5 kg/s the heat losses of the S-curved receiver remain unchanged despite the improvement in the heat transfer rate.

중국과 미국의 무역클레임 유형과 중요도 비교 연구 : 텍스트 마이닝 기법을 활용하여 (A Comparative Study on the Types and its Importance of Trade Claims between China and the United States: Using Text Mining Techniques)

  • 유천;황윤섭
    • 무역학회지
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    • 제47권3호
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    • pp.177-190
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    • 2022
  • This study is designed to identify the differences in the types and importance of trade claims at the national level. For analysis data, abstracts of arbitration and court judgments published on the website of the United Nations Commission on International Trade Law are collected and used. The target countries are China and the United States, with 102 cases from China and 59 cases from the United States. By applying topic modeling techniques to the collection decisions of China and the United States, trade claims are categorized, and the importance of each type is identified using the network centrality index derived through semantic network analysis. The analysis results are as follows. First, the main types of trade claims were the same for both the United States and China: product nonconformity, delivery issues, and payments. However, in China, the order of product nonconformity > delivery issues > payments was important, and in the United States, payments > product nonconformity > delivery issues were found to be important. This study is significant in that it presents a strategic trade claim management plan using a quantitative methodology.

Comparative Proteomic Profiling of Pancreatic Ductal Adenocarcinoma Cell Lines

  • Kim, Yikwon;Han, Dohyun;Min, Hophil;Jin, Jonghwa;Yi, Eugene C.;Kim, Youngsoo
    • Molecules and Cells
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    • 제37권12호
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    • pp.888-898
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    • 2014
  • Pancreatic cancer is one of the most fatal cancers and is associated with limited diagnostic and therapeutic modalities. Currently, gemcitabine is the only effective drug and represents the preferred first-line treatment for chemotherapy. However, a high level of intrinsic or acquired resistance of pancreatic cancer to gemcitabine can contribute to the failure of gemcitabine treatment. To investigate the underlying molecular mechanisms for gemcitabine resistance in pancreatic cancer, we performed label-free quantification of protein expression in intrinsic gemcitabine-resistant and -sensitive human pancreatic adenocarcinoma cell lines using our improved proteomic strategy, combined with filter-aided sample preparation, single-shot liquid chromatography-mass spectrometry, enhanced spectral counting, and a statistical method based on a power law global error model. We identified 1931 proteins and quantified 787 differentially expressed proteins in the BxPC3, PANC-1, and HPDE cell lines. Bioinformatics analysis identified 15 epithelial to mesenchymal transition (EMT) markers and 13 EMT-related proteins that were closely associated with drug resistance were differentially expressed. Interestingly, 8 of these proteins were involved in glutathione and cysteine/methionine metabolism. These results suggest that proteins related to the EMT and glutathione metabolism play important roles in the development of intrinsic gemcitabine resistance by pancreatic cancer cell lines.

경찰공무원의 가치관에 대한 한미간의 비교연구 (Comparative Study on Value Systems of Korean and American Police Officers)

  • 한상암;정덕영
    • 한국콘텐츠학회논문지
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    • 제7권2호
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    • pp.191-201
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    • 2007
  • 개인이 가지고 있는 가치관은 한 조직에 대하여 매우 강력하게 영향을 미치게 되며, 한 조직의 문화 역시 개인의 가치관 형성에 영향을 미치게 된다. Ott(1989)는 조직행태에 있어서 개인적인 가치관의 중심적인 역할에 대하여 강조하였으며, Schein(1985) 역시 이점을 강조하였다. 경찰조직도 역시 이와 같은 연구 결과에서 크게 벗어나야 할 아무런 이유가 없다. 실제로, 상당한 정도가지는 경찰조직의 조직문화가 구성원들이 가지고 있는 가치관에 의하여 영향을 받는다. 개개 경찰관들은 매우 다양한 측면에서 경찰조직에 영향을 주기 위하여 자신의 고유한 개인적 신념, 정책선호성향, 그리고 태도를 가지고 입직한다. 이와 같은 개인적 가치들은 개개 경찰관의 입장에서 시행하는 재량적인 선택의 측면과 관련된 행태의 관점에서 특히 중요하다. 이 논문의 목적은 Rokeach에 의하여 미국의 경찰서에 소속된 경찰관들이 가진 가치관의 성향을 평가하기 위한 이론적 틀로서 개발된 가치관 이론을 활용하여 우리나라 경찰관들과 미국의 경찰관들 사이의 가치관의 차이를 검증하고자 하는 것이다.

국제운송계약상 해상화물운송장과 전자선하증권의 비교연구 (A Comparative Study of Sea WaybilI and Electronic B/L in the International Contract of Carriage)

  • 김은주
    • 무역상무연구
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    • 제51권
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    • pp.317-358
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    • 2011
  • The purpose of this study aims to analyse the key differences of the sea waybill and electronic B/L in the international transport documents. Sea waybills look remarkably like ordinary bills of lading. Indeed, in two important ways, they are just like bills of lading: the front of the document will near a description of the quantity and apparent condition of the goods; and the back of the document provides evidence of the terms of the contract of carriage. They differ from bills of lading in that, far from indicating that the goods described are deliverable to the order of the shipper or of the consignee, they will make it explicit that the goods are deliverable only to the consignee. Again, different carries will do thai in a variety of ways. For example, the document may call itself non-negotiable, omitting the word order from the consignee box on the front of the document, and stating explicitly that the goods will be deliverable to the consignee or his authorised representative on proper proof of identity and authorisation. The Hague-Visby Rules and Hamburg Rules give no guidance as to any right to instruct the carrier in respect of goods while they are in transit. However, in applying Article 50 of the Rotterdam Rules, in particular when applying it in the context of seawaybills, straight bills of lading or ship's delivery orders, regard would need to be had to preserve the shipper's rights under any of those three documents even after the buyer of goods covered by them has acquired rights of its own. And, the right of control is defined at Article 1.12 of the Rotterdam Rules. The right to give instruction is further limited by the terms of Article 50.1 to three particular types of instruction in respect of the goods, relating broadly to the goods, their delivery en route, and the identity of the consignee. And, the CMI formulated the CMI Uniform Rules for Sea Waybills for voluntary incorporation into any contract of carriage covered by such a document. Recognising that neither the Hague nor the Hague-Visby Rules are applicable to sea waybills, the CMI Rules provide that a contract of carriage covered by a waybill shall be governed by whichever international or national law, if any, would have been compulsorily applicable if the contract had in fact been covered by a bill of lading or similar document of title.

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의료행위에 대한 동의에서 환자 보호자의 법적 지위와 역할 - 대행결정권과 공동의사결정을 중심으로 - (Surrogate and Shared Medical Decision Making for Unrepresented Patients)

  • 김수정
    • 의료법학
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    • 제20권2호
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    • pp.43-82
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    • 2019
  • 치료행위 등 의료적 침습행위가 이루어지는 경우 환자의 자기결정권이 보장될 수 있도록 설명에 의한 동의가 요구된다. 그런데 우리 의료 실무에서는 환자의 소위 '보호자'에게 의료행위에 대해 설명하고 동의를 받는 일이 매우 빈번하다. 보호자 개념은 의료법에서 여러 번 등장하지만, 정작 보호자의 자격이나 범위는 명확하게 규정하지 않으며, 병원에서 사용하는 수술동의서 등에서도 어느 범위의 사람을 보호자로 포섭할 것인지는 정의하고 있지 않다. 보호자가 문제된 사건들로부터, 환자의 법률상 배우자나 친족관계에 있는 사람을 의료기관이 보호자로 인정하고 있음은 짐작할 수 있으나, 설령 그렇다 하더라도 환자의 가족이 당연히 그를 위한 법정대리인이 되는 것은 아니다. 이 논문에서는, 환자의 소위 보호자가 환자의 의료행위 결정에 관여하는 경우, 환자에게 동의능력이 없는 경우와 있는 경우를 나누어 보호자에게 어떤 법적 지위를 부여할 수 있는지 검토하였다. 환자 스스로 동의능력이 없어 의료행위에 대해 동의 여부를 결정할 능력이 결여되어 있는 경우, 비교법적으로 다양한 해결책이 제시되고 있지만 크게 환자와 일정한 관계에 있는 사람을 법정 의료행위 대행결정권자로 규정하는 방법과 의료행위 대행결정권자를 규정하지 않고 의사가 의료행위 여부를 결정하되 환자의 가족이나 친구와 상담을 하거나 그에게 설명하는 방법이 있다. 본 글에서는 전자의 해법을 택하는 경우의 문제점을 논증하고, 후자의 접근에서는 주치의가 단독으로 결정함으로써 우려되는 권한 남용이나 경솔한 결정의 문제를 회피하기 위해 주치의 외의 다른 의사나 위원회의 동의를 얻는 해결책을 제시하였다. 더 나아가 환자가 스스로 의료행위에 대해 동의 여부를 결정할 능력이 있음에도 불구하고 환자의 가족에게 환자의 상태를 설명하는 일도 실무에서 자주 일어난다. 환자와 가족 모두에게 설명하고 그로부터 동의를 받는 경우는 환자의 가족이 심리적으로 약해진 환자의 이해능력을 보충해주고 그의 결정을 심리적으로 지지해주는 긍정적인 효과가 기대되지만, 반대로 가족 본인의 이익을 위해 환자에게 불리한 결정을 하도록 연약한 상태의 환자를 조종할 가능성도 배제할 수 없다. 후자의 위험을 최대한 억제하기 위해서는 환자의 가족과 환자가 분리된 상태에서 환자의 의료행위에 대한 동의 여부를 다시 한번 확인하는 방법을 생각해 볼 수 있다. 환자와 환자의 가족 사이의 공동의사결정에서, 환자의 자기결정권의 실질적 보장 문제는 법학계에서는 다소 생소한 주제이기는 하나, 우리 사회처럼 의료행위 동의여부 결정에 가족의 관여도가 높은 사회에서는 앞으로도 계속 고민해야 할 주제일 것이다.

A Comparative Study on Marine Transport Contract and Marine Insurance Contract with Reference to Unseaworthiness

  • Pak, Jee-Moon
    • Journal of Korea Trade
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    • 제25권2호
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    • pp.152-177
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    • 2021
  • Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

Assessment of Mechanical Engineering Research Output using Scientometric Indicators: A Comparative Study of India, Japan, and South Korea

  • Pattanashetti, D.M.;Harinarayana, N.S.
    • Journal of Information Science Theory and Practice
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    • 제5권2호
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    • pp.62-74
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    • 2017
  • This study examined the mechanical engineering research output from India, Japan, and South Korea on different parameters including growth, collaboration indices, and activity index. The purpose of the study is to understand the overall development of mechanical engineering through analytical approaches applied on the scholarly outcome of the countries considered for the study. The study focuses on analysing the articles published by India, Japan, and South Korea, and is restricted to articles indexed in the Science Citation Index - Web of Science for the period 2000 to 2014. The ratios of number of paper to citations for India, Japan, and Korea are 20,836: 1,97,679; 24,494: 2,04,393; and 30,578: 2,66,902 respectively for the period 2000-2014. The findings show that there is a decline in Japanese publications in mechanical engineering, whereas other two countries have recorded an increasing trend. While India has tripled its publications in a span of 15 years, South Korea, on the other hand, has doubled its publications in the same span of time. There has been an increasing trend towards collaboration in almost all fields of science and technology. However, the extent of collaboration and their rate of growth varied for one subject to another, one branch to another branch of the same subject, and from one country to another country. The present study analyses the growth of research publications of the mechanical engineering domain including authorship distribution, collaboration indices, prominent journals, and activity index.

Overcoming Poverty and Social Inequality in Third World Countries (Latin America, Africa)

  • Drobotya, Yana;Baldzhy, Maryna;Pecheniuk, Alla;Savelchuk, Iryna;Hryhorenko, Dmytro;Kulinich, Tetiana
    • International Journal of Computer Science & Network Security
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    • 제21권3호
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    • pp.295-303
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    • 2021
  • The relevance of the research is due to the fact that the issue of poverty is one of the most acute social problems of the beginning of the third millennium. The phenomenon of poverty is widespread in third world countries as well as it is observed in relatively developed countries. Poverty rates in Latin America are threatening. Consequently, the issue of social and economic inequality in these countries has become extremely acute. The purpose of the research: to identify the causes of poverty and social inequality and substantiate the main directions of poverty reduction in third world countries. The research methods: comparative analysis; index method; systematization; grouping; generalization. Results. The classification of the causes of poverty has been carried out and the directions of its overcoming in the countries of Latin America on groups of indicators have been defined, namely: 1) political; 2) economic; 3) demographic; 4) regional-geographical; 5) social; 6) qualification; 7) personal. Based on the Net Domestic Product indicator, a comparison of economic indicators of the studied countries has been carried out. It has been revealed that from 1990 to 2018 income inequality increased in 52 of 119 countries studied, and decreased in 57 states. Inequality has increased in the world's most populous countries, particularly China and India. In general, countries with growing inequality are home to more than two-thirds (71%) of the world's population. Trends in the distribution of income in the world have been investigated by applying the Gini index, the high level of which is observed in Latin America (Colombia 48,9%, Panama 46,1%, Chile and Mexico 45,9%). The forecast of the impact of the Covid-19 pandemic on this issue has been outlined; the ways of its impact on the economies of the countries have been studied. As a result of the study, the main directions and mechanisms of the strategy for poverty reduction and social inequality in the third world countries have been identified. The implementation of the poverty reduction strategy presented in this academic paper may have a positive impact on the economic situation of the population of Latin American countries.

Local Self-Government in the Conditions of Digitization: International-Legal Experience

  • Perezhniak, Boris;Vasylchuk, Larysa;Bevz, Tetiana;Pyroha, Serhii;Ulianov, Oleksiy
    • International Journal of Computer Science & Network Security
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    • 제22권10호
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    • pp.165-170
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    • 2022
  • Nowadays more and more attention is paid to digital technologies, digitization, and the digitization of public services in particular. Progressive countries aim to build "digital" governance and a digital economy. In this aspect, the international experience of using digitization in the field of public administration, including in local self-government bodies, plays an important role. Therefore, it is important to analyze the international legal experience of the functioning of local self-government in the conditions of digitization. The purpose of the work is to study the international legal experience of the functioning of local self-government in the conditions of digitization. The object of the study is local self-government in the conditions of digitization through the prism of international legal experience. The subject of the study is social relations that arise, change, and cease during the implementation of digitization in local self-government in Ukraine and foreign countries. The research methodology consists of such methods as the method of philosophical hermeneutics; dialectical method; classification method; comparative method; target method; method of documentary analysis; generalization method. Research results. As a result of the conducted research, the international experience of the functioning of local self-government in conditions of digitization was analyzed. In particular, the impact of digitization processes on the course of the decentralization reform in Ukraine is summarized. Also, from the analysis of international experience, a conclusion was made about the potential possibility of reducing the existing gap in the process of communication between the central government and united territorial communities thanks to the introduction of the latest technologies in the field of administrative services, to stimulate innovative and economic development of regions, attracting the attention of businesses and potential investors, as well as the functioning of more open local authorities with electronic communication tools.