Comparative Analysis of Unjust Enrichment as a Governing Law in International Arbitration Between The U.S. and Korea (국제중재 준거법으로서의 부당이득법리에 관한 한미간 비교 연구)
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- Journal of Arbitration Studies
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- v.13 no.2
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- pp.657-682
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- 2004
The method of finding the laws in the common law countries is significantly different from that in French civil code countries. The former usually derives the laws from the previous court decisions and applies the derived rules to the current case, called inductive, while the latter prescribes the laws beforehand and then applies the prescribed rule to the current case, called deductive. Such dichotomy in comparative legal research seems to be most recognizable and common. Accordingly, the mainstream of comparative legal research would come from comparison of common laws with civil codes. (omitted)
The purpose of this paper is to perform empirical studies on the impact of pollution intensity on international competitiveness using 1993 and 1998 data, and to estimate the change in environmental regulation level faced by the firms during 1993~1998. Collecting relevant data and providing them for further studies in the area are another purposes of the paper. The first method is the regression of various indices of international competitiveness on factor costs, such as labor, capital, R&D and pollution abatement costs. Goal of the regression analysis is to estimate the scarcity and comparative advantage effect of each production factor, especially environmental resource. Regression results show that those industries which employ more environmental resource have higher comparative advantage in both years, which implies that Korean firms are endowed with abundant environmental resource compared to other countries. The second method is to compute the relative scarcity indices(HOVL indices) of production factors, proposed by Leamer based on Vanek's generalized Hecksher-Ohlin Theorem. This method estimates the relative scarcity of production factors by computing factor costs embodied in import and export of commodities. This method shows similar results as the regression method; i.e., trade pattern of production factors implies that the manufacturing sector in Korea is endowed with abundant environmental resource compared to other countries. Considering population density, water resource endowment, intensity of economic activity per unit area and current air and water pollution levels, it is evident that Korea is never endowed with abundant environmental resource compared to other countries. Then the abundance of environmental resource revealed by the trade patterns of commodities and production factors implies that Korea's environmental regulation level is excessively generous compared to environmental capacity, and that this increased the environmental resource endowment supplied to firms and thus distorted the inter-industry comparative advantages. Both regression and HOVL methods, on the other hand, show that overall environmental regulation level faced by the firms has been strengthened during 1993~1998.
The recent international comparative studies such as PISA(Program for International Student Assessment) and TIMSS-R(Third International Mathematics and Science Study-Repeat) provide results of relative mathematics achievement of participating countries. The purpose of this paper is to compare the mathematics results of PISA and TIMSS-R. To make PISA and TIMSS-R results comparable, they were standardized. The close investigation of these standardized results reveals that the two Asian countries(Korea and Japan) and several English speaking countries have the commonality in mathematics achievement. Thus this study looks for patterns and similarities within a group of Asian countries(Korea and Japan) and Western countries(the U.S and Australia) by in-depth analysis of PISA mathematics achievement based on item response theory. As a result, it was noted that Western countries tend to perform well on open constructed items and are likely to perform better when an item involves less formal mathematics. On the other hand, Asian countries perform well when an item involves numeric or algebraic computation related to curriculum-based content, but they are relative poor at an item calls for verbal explanations or interpretations of graphs.
This study is based on the Korean-Chinese parallel corpus, utilizing the Korean connective morpheme '-myenseo' and contrasting with the Chinese expression. Korean learners often struggle with the use of Korean Connective Morpheme especially when there is a lexical gap between their mother language. '-myenseo' is of the most use Korean Connective Morpheme, it usually contrast to the Chinese coordinating conjunction. But according to the corpus, the contrastive Chinese expression to '-myenseo' is more than coordinating conjunction. So through this study, can help the Chinese Korean language learners learn easier while studying '-myenseo', because the variety Chinese expression are found from the parallel corpus that related to '-myenseo'. In this study, firstly discussed the semantic features and syntactic characteristics of '-myenseo'. The significant semantic features of '-myenseo' are 'simultaneous' and 'conflict'. So in this chapter the study use examples of usage to analyse the specific usage of '-myenseo'. And then this study analyse syntactic characteristics of '-myenseo' through the subject constraint, predicate constraints, temporal constraints, mood constraints, negatives constraints. then summarize them into a table. And the most important part of this study is Chapter 4. In this chapter, it contrasted the Korean connective morpheme '-myenseo' to the Chinese expression by analysing the Korean-Chinese parallel corpus. As a result of the analysis, the frequency of the Chinese expression that contrasted to '-myenseo' is summarized into