• Title/Summary/Keyword: courts

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The U.K. Bills of Lading Act 1855 (영국(英國)의 선하증권법(船荷證券法))

  • Lim, Suk-Min
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.14
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    • pp.153-176
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    • 2000
  • The U.K. Bills of Lading Act 1855 had sought to circumvent the problems arising from the doctrine of privity of contracts. Among the principal factors in the introduction of the Act was the exceptional decision of the court in the case of Grant Norway. The Act 1855 was intended to reverse Grant Norway, but has no effect whatever. As it was not properly drafted, there had been a lot of situations where the Act 1855 was not applicable. In those cases, the courts have implied a contract between cosignee and carrier. This is the effect of the common law Brandt v. Liverpool doctrine. With the enactment of the Carriage of Goods by Sea Act 1992, all of the problems shall be resolved. It repeals the Act 1855 and replaces it with provisions covering not only B/L but also sea waybills and ship's delivery orders. According to the new law, title to sue is now vested in the lawful holder of a bill of lading, the consignee identified in a sea waybill or the person entitled to delivery under a ship's delivery order, irrespective of whether or not they are owners of the goods covered by the document.

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The Problem and Improvement Direction of China Arbitration System (중국(中國) 상사중재제도(商事仲裁制度)의 문제점(問題點) 및 개선방향(改善方向))

  • Kim, Tae-Gyeong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.29
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    • pp.3-37
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    • 2006
  • This writing is for the purpose of investigating the specific character and problem point of China arbitration system which has near 90 years history and overviewing the drift of system improvement which happens recently. The arbitration system of China which traditionally does not acknowledge ad hoc arbitration, unlike most of the other nations that employ The UNCITRAL model law and make it their own legislation, is restrictive to the parties concerned principle of private autonomy considerably. Also the independence of arbitration is delicate, because of a civil characteristic weakness of the arbitral institutions and the intervention of the courts on the arbitration procedure and award. The dual system of domestic and international arbitration which maintains after enforcement of 1994 arbitration law is often to be a primary factor interrupting the development of Chinese arbitration system and making it vulnerable to challenges. The system improvement demand of the recent time reflects this point and makes the arbitration system of China to a international standard rather than now, so it is a desirable direction for China to be as the member of the world economy to be globalization.

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Asbestos and Environmental Disease (석면과 환경성 질환)

  • Ahn, Jong-Ju
    • Journal of Environmental Health Sciences
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    • v.35 no.6
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    • pp.538-541
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    • 2009
  • Humans have a long history of asbestos use. There are reports from the Roman era, of asbestos victims among the slaves who worked in asbestos mines. The fact that asbestos can induce lung cancer and mesothelioma was verified epidemiologically in the 1960s. Asbestos related diseases are predominantly occupational in nature but can be caused by environmental exposure. Environmental mesothelioma is mainly associated with tremolite asbestos and this information comes from many countries including Turkey, Greece, Corsica, New Caledonia and Cyprus. In 1993, the first case of mesothelioma in Korea was reported in an asbestos textile worker. Recently, some asbestos disease victims who lived near an asbestos factory have their cases before the courts. A series of recent asbestos-related events in Korea, for example, the shocking revelation of asbestos containing talc in baby powders have caused the general public to become aware of the health risks of asbestos exposure. Asbestos related diseases are characterized by a long latency period, especially, mesothelioma which has no threshold of safety. Hence the best strategy for preventing asbestos related diseases is to decrease asbestos exposure levels to as low as possible.

The Impact of Neighborhood Settings on Peer Risks among Delinquent Adolescents

  • Lim, Ji-Young
    • International Journal of Human Ecology
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    • v.11 no.2
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    • pp.1-14
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    • 2010
  • The main purpose of this study was to identify the impact of neighborhood settings on peer risks experienced by delinquent adolescents. A convenience sample of 1,086 youth who came to the attention of four county juvenile courts was used for the present study. The peer risk levels were measured through use of version 1.0 of the Global Risk Assessment Device (GRAD); in addition, neighborhood information obtained from the National Census was utilized. The results of the HLM demonstrated that there were significant between-neighborhood variations in peer risks and the neighborhood economic disadvantage variable was associated with peer risks after controlling for the variables of individual characteristics. The findings of this study add to the literature on juvenile delinquency by providing empirical support for the proposed model that illustrates the significant relationship between a neighborhood setting indicator and peer risks experienced by delinquent adolescents when practicing treatment or intervention programs with delinquent adolescents.

A Study on the Application of Navigation Rule to a Towing Vessel and Her Tow, a Fishing Boat and a Vessel at Anchor. (어선ㆍ예인선단ㆍ정박선의 항법적용에 대한 소고)

  • 김인현
    • Journal of the Korean Institute of Navigation
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    • v.23 no.4
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    • pp.21-28
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    • 1999
  • In some cases a towing vessel and her tow, a fishing boat, and a vessel at anchor have a priority against a general power-driven vessel underway in the application of collision rule. This article aims at suggesting a practical guide for the construction of the meaning of a vessel engaging in fishing, a vessel engaged in towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course and a vessel at anchor, which are permitted to have the above priority. The construction of the application of the collision rule on the above vessels is supported by the decisions of MAIA and the judgment of civil courts.

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Electronic Proceedings in Modern Legal Conditions

  • Veselovska, Nataliia;Slipeniuk, Vasyl;Yasynok, Dmytro;Zhukevych, Ihor;Gorbenko, Arina
    • International Journal of Computer Science & Network Security
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    • v.21 no.8
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    • pp.224-228
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    • 2021
  • The article is devoted to the problems and prospects of integration of informational technologies in the administration of justice as a necessary component of the development of the informational society in Ukraine. In general, informational technologies make it possible to create new forms of organization and interaction of bodies of public authorities with society, to introduce innovative solutions for legal regulation and organization of public relations. More and more services for citizens are moving to electronic format. Judicial reform is aimed at ensuring more comfortable and convenient interaction with the courts. The need for the usage of informational technology in the proceedings is preconditioned by the global informatization of modern society, the development of new forms of interaction in the civil sphere with the usage of electronic means of communication: the global Internet, mobile, and satellite communication systems and more. "Electronic justice" involves the use of information and communication technologies in the implementation of procedural law.

A Study of Feng-Shui Culture in The Canonical Scripture of Daesoon Jinrihoe (《典经》 所见风水文化论)

  • Liu, Jincheng
    • Journal of the Daesoon Academy of Sciences
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    • v.34
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    • pp.263-292
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    • 2020
  • Among the various influences from other ancient cultures observable in Daesoon Jinrihoe, the reference to and the transformation of Feng-Shui is especially prominent. In The Canonical Scripture, Feng-Shui culture is mentioned frequently. Feng-Shui culture in The Canonical Scripture not only draws upon a great deal of traditional Feng-Shui Theory but also inserts many innovations. It is worth noting that the understanding of Feng-Shui culture through Daesoon Jinrihoe's doctrine makes The Canonical Scripture unique. Based upon the conscientious recapitulation of the relevant contents in The Canonical Scripture, this essay aims at dealing with the Feng-Shui Culture of Daesoon Jinrihoe in regards to three aspects: Terrestrial Energy, Mountain Shape and Luminous Courts (Mingtang). A better understanding of the profound contents and sacred significance of The Canonical Scripture can naturally be attained from applying a Feng-Shui culture perspective.

The Lack of Judicial Politics and Challenge of Democracy in Korea (법의 지배와 한국정치학의 빈 구멍)

  • Kang, Miongsei
    • Analyses & Alternatives
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    • v.1 no.1
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    • pp.3-16
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    • 2017
  • This paper aims to emphasize the necessity of beginning and developing judicial politics in Korea. Law is constitutive of politics, and judicial politics is vital in understanding how politics is influenced by law. Disappointingly, social science in Korea has not recognized the importance of judicial politics. Judicial branch in Korea does not have the capacity to constrain the executive or other government agencies governed by elected officials. The rule of law does not work. Judicial politics has not yet been introduced in Korea, despite its enormous importance in shaping political economy. The rule of law and courts are believed to be the institutional foundation for economic growth. Law embodied in "no one is above the law" is recognized to provide fairness and stability with a democracy. Little attention to judicial politics results in leaving behind a missing link in a polity. The fortification of the rule of law is necessary to make democracy consolidated in Korea, as shown in impeachment of former president Park Geunhae. A new scholarship in Korea on judicial politics is in need to discuss what conditions under which the rule of law is possible and how to make it sustainable.

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Recent Debates in Attorney-Client related Privilege and Confidentiality in Korea and Its Implications to International Arbitration

  • Joongi Kim
    • Journal of Arbitration Studies
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    • v.33 no.3
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    • pp.3-30
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    • 2023
  • This article provides an overview of the state of attorney-client related privilege and confidentiality in Korea. It reviews the statutory framework, and how Korean courts have analyzed the privilege and confidentiality related to attorneys and their clients. It then examines the legislative initiatives Korea is currently debating with regard to adopting a more common law-style attorney-client privilege (ACP). If adopted, the new legislation will mark a significant milestone in providing guidance on how communications between attorney and client will be treated. Its impact in the context of international arbitration practice and law related to Korea is explored.

Third-Party Funding as a Panacea for an Amicable Adjudication of International Arbitration Disputes in Nigeria under the Arbitration and Mediation Act 2023

  • Clement Ighodargho OSUYA
    • Journal of Arbitration Studies
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    • v.33 no.3
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    • pp.95-106
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    • 2023
  • This informative piece delves into the intriguing and crucial history of third-party funding in Nigeria and its application in the Arbitration and Mediation Act of 2023. The article analyses the impact of this funding on cross-border transactions while addressing concerns about mandatory disclosure. The absence of remedies or sanctions for non-disclosure is also a matter of concern that warrants thoughtful examination. The article looks closer at the role of courts, tribunals, and arbitral institutions in addressing gaps in the Act. Ultimately, it presents a well-considered set of recommendations for moving forward. Overall, this piece provides a comprehensive and insightful look into the intricate world of third-party funding and its significance within the Nigerian legal system.