• Journal of Arbitration Studies
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• v.24 no.2
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• pp.33-52
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• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

• Journal of the Korean Institute of Landscape Architecture
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• v.49 no.5
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• pp.59-70
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• 2021

This study was to investigate the measurement point of root collar diameter of landscape trees in Korea. It may contribute to avoiding disputes caused by the difference in measurement criteria of root collar diameter of landscape trees between tree growers and constructors. The difference between landscape trees' root collar diameter measurement point was 3.59cm from 6cm underground to the surface and 1.35cm from 0cm to 6cm above ground. The source root collar diameter measurement point difference was larger in the basement than in the ground. The standard deviation of the root collar diameter of the landscape tree was 0.64 from 6cm underground to the surface, and the difference in standard deviation from 0cm to 6cm above ground was 0.16. The difference by measurement point of the root collar diameter was larger in the basement than in the ground. It has been proposed to set the reasonable measurement point of the landscaping tree root collar diameter at the inflection point where the standard deviation of the tree trunk diameter is the smallest in line with the size change of the standard for each root collar diameter measurement point. By tree species, Cornus officinalis Siebold & Zucc. 18cm above the ground, Chionanthus retusus Lindl. & Paxton. 12cm above the ground, Zelkova serrata (Thunb.) Makino. 12cm above the ground, Celtis sinensis Pers. 12cm above the ground, Styrax japonicus Siebold & Zucc. 10 cm above the ground, Cornus officinalis Siebold & Zucc. 10cm above the ground, Acer palmatum Thunb. ex Murray. 6cm above the ground, Ilex rotunda Thunb. 6cm above the ground, Quercus myrsmaefolia Blume. 4cm above the ground, Lagerstroemia indica L. 2cm above the ground The above heights were shown as reasonable measurement points. The difference by landscape tree root collar diameter measurement site showed that the standard deviation was small throughout the tree species, and the reasonable average measurement point with a stable slope of the deviation was 12cm or more on average. It can be said that the reasonable measurement point of the root collar diameter of a landscape tree is set at an average of 12cm above the ground. However, recognizing 30cm, which is a familiar ruler(尺) in traditional practices, is quick, It was recommended to measure at the height of 30cm from the surface for a reasonable measurement point of the root collar diameter of a landscape tree, for the uniformity of measurement standards.

• Journal of Korean Society of Disaster and Security
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• v.6 no.1
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• pp.65-72
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• 2013

In this study, the early suicide prevention program was applied to the elementary school students and compared the prior & post effect of the program, and verified the status of psychology change like emotional status, or temptation to take a suicide, and presented the possibility as a suicide prevention program. The period of adolescence is the very unstable period in the process of growth being cognitively immature, emotionally impulsive period. It is the period emotionally unstable and unpredictable possible to select the method of suicide as an extreme method to escape the reality, or impulsive problem solving against small conflict or dispute situation. Many stress of the student such as recent nuclear family, expectation of parents to their children, education problem, socio-environmental elements, individual psychological factor lead students to the extreme activity of suicide in recent days. In this study, the scope of stress experienced in the elementary school as well as idea and degree of temptation regarding suicide by the suicide prevention program were identified, and through prevention program such as meditation training, breath training and through experience of anger control, emotion-expression, self overcome and establish positive self-identity and make understanding Self-control, Self-esteem & preciousness of life based on which the effect to suicide prevention was analyzed. The study was made targeting 51 students of 2 classes of 6th grade of elementary school of Goyang-si and processed 30 minutes every morning focused on through experience & activity of the principle & method of brain science. The data was collected for 20 times before starting morning class by using Suicide Probability Scale(herein SPS-A) designed to predict effectively suicide Probability, suicide risk prediction scale, surveyed by 7 areas such as Positive outlook, Within the family closeness, Impulsivity, Interpersonal hostility, Hopelessness, Hopelessness syndrome, suicide accident. Analytical methods and validation was used the Wilcoxon's signed rank test using SPSS Program. Though the process of program in short period, but there was a effective and positive results in the 7 areas in the average comparison. But in the t-test result, there was a different outcome. It indicated changes in the 3 questionnaires (No.7, No.14, No.19) out of 31 SPS-A questionnaires, and there was a no change to the rest item. It also indicated more changes of the students in the class A than class B. And in case of the class A students, psychological changes were verified in the areas of Hopelessness syndrome, suicide accident among 7 areas after the program was processed. Through this study, it could be verified that different results could be derived depending on the Student tendency, program professional(teacher in charge, processing lecturer). The suicide prevention program presented in this article can be a help in learning and suicide prevention with consistent systematization, activation through emotion and impulse control based on emotional stress relief and positive self-identity recovery, stabilization of brain waves, and let the short period program not to be died out but to be continued connecting from childhood to adolescence capable to make surrounding environment for spiritual, physical healthy growth for which this could be an effective program for suicide prevention of the social problem.