• Title/Summary/Keyword: governing law

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A Study on Main contents and Practical Implications of the ICC Model Contract for International Sale of Manufactured Goods (ICC 국제공산물매매 모델계약서의 주요 내용 및 실무상 유의점에 관한 연구)

  • Byung-Mun Lee;Shin, Gun-Hoon
    • Korea Trade Review
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    • v.47 no.1
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    • pp.131-144
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    • 2022
  • This study primarily concerns the Model Contract for International Sale of Manufactured Goods recently published by International Chamber of Commerce in 2020. To this end, this study examines the importance of the ICC model contract and its main characteristics, and considers in what form the contract is composed of and the scope of its application by classifying it according to the object of the contract, the subject and type of the transaction. In addition, this study divides the main contents of the ICC model contract into special conditions and general conditions, and attempts to scrutinize details of each condition in connection with the United Nations Convention on Contracts for International Sale of Goods(1980) as a governing law taken by the ICC model contract. Furthermore, this study puts forward, on the basis of the detailed examination of main conditions of ICC Model Contract, practical implications on what the parties to the contract should be aware of when using the ICC model contract.

Frequency analysis of deep curved nonlocal FG nanobeam via DTM

  • S. A. H. Hosseini;O. Rahmani
    • Steel and Composite Structures
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    • v.49 no.6
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    • pp.603-614
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    • 2023
  • In this paper, frequency analysis of curved functionally graded (FG) nanobeam by consideration of deepness effect has been studied. Differential transform method (DTM) has been used to obtain frequency responses. The nonlocal theory of Eringen has been applied to consider nanoscales. Material properties are supposed to vary in radial direction according to power-law distribution. Differential equations and related boundary conditions have been derived using Hamilton's principle. Finally, by consideration of nonlocal theory, the governing equations have been derived. Natural frequencies have been obtained using semi analytical method (DTM) for different boundary conditions. In order to study the effect of deepness, the deepness term is considered in strain field. The effects of the gradient index, radius of curvature, the aspect ratio, the nonlocal parameter and interaction of aforementioned parameters on frequency value for different boundary conditions such as clamped-clamped (C-C), clamped-hinged (C-H), and clamped-free (C-F) have been investigated. In addition, the obtained results are compared with the results in previous literature in order to validate present study, a good agreement was observed in the present results.

Thermal post-buckling analysis of graphene platelets reinforced metal foams beams with initial geometric imperfection

  • Gui-Lin She;Yin-Ping Li;Yujie He;Jin-Peng Song
    • Computers and Concrete
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    • v.33 no.3
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    • pp.241-250
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    • 2024
  • This article investigates the thermal and post-buckling problems of graphene platelets reinforced metal foams (GPLRMF) beams with initial geometric imperfection. Three distribution forms of graphene platelet (GPLs) and foam are employed. This article utilizes the mixing law Halpin Tsai model to estimate the physical parameters of materials. Considering three different boundary conditions, we used the Euler beam theory to establish the governing equations. Afterwards, the Galerkin method is applied to discretize these equations. The correctness of this article is verified through data analysis and comparison with the existing articles. The influences of geometric imperfection, GPL distribution modes, boundary conditions, GPLs weight fraction, foam distribution pattern and foam coefficient on thermal post-buckling are analyzed. The results indicate that, perfect GPLRMF beams do not undergo bifurcation buckling before reaching a certain temperature, and the critical buckling temperature is the highest when both ends are fixed. At the same time, the structural stiffness of the beam under the GPL-A model is the highest, and the buckling response of the beam under the Foam-II mode is the lowest, and the presence of GPLs can effectively improve the buckling strength.

Buckling analysis of bidirectional FG porous beams in thermal environment under general boundary condition

  • Abdeljalil Meksi;Mohamed Sekkal;Rabbab Bachir Bouiadjra;Samir Benyoucef;Abdelouahed Tounsi
    • Computers and Concrete
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    • v.33 no.3
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    • pp.275-284
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    • 2024
  • This work presents a comprehensive investigation of buckling behavior of bidirectional functionally graded imperfect beams exposed to several thermal loading with general boundary conditions. The nonlinear governing equations are derived based on 2D shear deformation theory together with Von Karman strain-displacement relation. The beams are composed of two different materials. Its properties are porosity-dependent and are continuously distributed over the length and thickness of the beams following a defined law. The resulting equations are solved analytically in order to determine the thermal buckling characteristics of BDFG porous beams. The precision of the current solution and its accuracy have been proven by comparison with works previously published. Numerical examples are presented to explore the effects of the thermal loading, the elastic foundation parameters, the porosity distribution, the grading indexes and others factors on the nonlinear thermal buckling of bidirectional FG beam rested on elastic foundation.

Nonlinear primary resonance of functionally graded doubly curved shells under different boundary conditions

  • Jinpeng Song;Yujie He;Gui-Lin She
    • Steel and Composite Structures
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    • v.50 no.2
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    • pp.149-158
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    • 2024
  • Considering that different boundary conditions can have an important impact on structural vibration characteristics. In this paper, the nonlinear forced vibration behavior of functionally graded material (FGM) doubly curved shells with initial geometric imperfections under different boundary conditions is studied. Considering initial geometric imperfections and von Karman geometric nonlinearity, the nonlinear governing equations of FGM doubly curved shells are derived using Reissner's first order shear deformation (FOSD) theory. Three different boundary conditions of four edges simply supported (SSSS), four edges clamped (CCCC), clamped-clamped-simply-simply (CCSS) were studied, and a system of nonlinear ordinary differential equations was obtained with the help of Galerkin principle. The nonlinear forced vibration response of the FGM doubly curved shell is obtained by using the modified Lindstedt Poincare (MLP) method. The accuracy of this method was verified by comparing it with published literature. Finally, the effects of curvature ratio, power law index, void coefficient, prestress, and initial geometric imperfections on the resonance of FGM doubly curved shells under different boundary conditions are fully discussed. The relevant research results can provide certain guidance for the design and application of doubly curved shell.

An efficient numerical model for free vibration of temperature-dependent porous FG nano-scale beams using a nonlocal strain gradient theory

  • Tarek Merzouki;Mohammed SidAhmed Houari
    • Structural Engineering and Mechanics
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    • v.90 no.1
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    • pp.1-18
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    • 2024
  • The present study conducts a thorough analysis of thermal vibrations in functionally graded porous nanocomposite beams within a thermal setting. Investigating the temperature-dependent material properties of these beams, which continuously vary across their thickness in accordance with a power-law function, a finite element approach is developed. This approach utilizes a nonlocal strain gradient theory and accounts for a linear temperature rise. The analysis employs four different patterns of porosity distribution to characterize the functionally graded porous materials. A novel two-variable shear deformation beam nonlocal strain gradient theory, based on trigonometric functions, is introduced to examine the combined effects of nonlocal stress and strain gradient on these beams. The derived governing equations are solved through a 3-nodes beam element. A comprehensive parametric study delves into the influence of structural parameters, such as thicknessratio, beam length, nonlocal scale parameter, and strain gradient parameter. Furthermore, the study explores the impact of thermal effects, porosity distribution forms, and material distribution profiles on the free vibration of temperature-dependent FG nanobeams. The results reveal the substantial influence of these effects on the vibration behavior of functionally graded nanobeams under thermal conditions. This research presents a finite element approach to examine the thermo-mechanical behavior of nonlocal temperature-dependent FG nanobeams, filling the gap where analytical results are unavailable.

A comprehensive computational approach to assess the influence of the material composition on vibration, bending and buckling response of FG beam lying on viscoelastic foundation

  • Brahim Laoud;Samir Benyoucef;Attia Bachiri;Rabbab Bachir Bouiadjra;Abdelouahed Tounsi;Mahmoud M Selim;Hosam A. Saad
    • Steel and Composite Structures
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    • v.52 no.1
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    • pp.45-56
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    • 2024
  • This paper proposes an analytical solution for the free vibration, bending and buckling a functionally graded (FG) beam resting on viscoelastic foundation. The materials characteristics of the FG beam are considered to be varying across the thickness according several power law functions. The governing equations are found analytically using a quasi-3D model that contains undetermined integral forms and involves few unknowns to derive. Navier's method for simply supported beam is employed to solve the problem. Numerical examples are presented and studied to demonstrate the accuracy and effectiveness of the proposed model. Then, a detailed parametric study is presented in the form of tables and graphs to study and analyze the effects of the different parameters on the response of FG beams with different material compositions resting on a viscoelastic foundation.

A Study on the Seller's Obligation of the Delivery of Goods and Handing over the Documents in International Contracts for Sale of Goods - Focusing CISG and Incoterms 2010 - (국제물품매매계약상의 물품인도 및 서류교부에 관한 매도인의 의무에 관한 연구 - CISG와 Incoterms 2010을 중심으로 -)

  • Park, Nam Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.60
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    • pp.3-26
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    • 2013
  • Seller's obligation on the Delivery of Goods and Handing over the Documents are key elements in Contracts for the International Sale of Goods. The United Nations Convention on Contracts for the International Sale of Goods(CISG) has been entered into force on 1 January 1988 to create international certainty and uniformity in the law and to govern issues that arise in an international sale of goods transaction. The Incoterms were first published by the ICC in 1936 and were most recently revised in 2010. Incoterms 2010 are entering into force on 1 January 2011. The Incoterms focus on the seller's delivery obligations and reflect the principle that the risk of loss or damage to the goods passes from the seller to the buyer when the seller has fulfilled its obligations to deliver the goods. This study highlights basic rules covering seller's obligation of delivery of goods and handing over the documents under the Incoterms 2010 and the United Nations Convention and Contracts for the International Sale of Goods. In the second chapter, this study will provide analyses and compare these two legal systems in relation to the basic rules governing delivery of goods and passing of risks in contract of sale. This chapter evaluates the meaning of Article 31 and Article 67(1) and FOB, CFR, CIF & FCA, CPT, CIP terms of Incoterms 2010. Chapter Three will focus on handing over the documents. Article 30 CISG imposes the seller's primary obligations to deliver the goods and to hand over documents relating to them. Article 34 CISG supplements the seller's obligation in relation to documents by providing that the seller must hand over documents relating to the goods. In contrast, Article 58(1) CISG imposes on the buyer the obligation to pay only when it has received the goods or documents controlling their disposition. I reviewed only some of the documents relating to the goods are documents controlling their disposition. This chapter considers the meaning of the phrase "documents that control the disposition of the goods and do not control disposition of the goods." Finally, the fourth chapter will assess the meaning of rules of CISG and Incoterms 2010.

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Legal Approach to the Passage Issues of the Cheju Strait (제주해협 통항문제에 관한 법적 고찰)

  • Kim Hyun Soo
    • Proceedings of KOSOMES biannual meeting
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    • 2003.11a
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    • pp.35-44
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    • 2003
  • Considering possible legal and policy problems with regard to the Cheju Strait, a central issue is whether the Cheju Strait should be treated as Korean territorial sea or an international strait The claim that the strait is territorial sea has been based on the use of a straight baseline method of dermarcation With the use of straight baseline, Korea claims that the breadth of the Cheju Strait is only 20.7 miles at its narrowest point and therefore the strait becomes the territorial sea of Korea. The consideration cf marine pollution has weighed heavily in claiming the Cheju Strait as territorial sea. Pollution resulting from the accidents cf tankers caused by fire, collision, or stranding in the Cheju Strait and the Korea Strait would be enormous, affecting the entire coastal waters of the south coasts cf Korea's mainland and Japan's Tsushima Islands areas. Catastrophic pollution in the Cheju Strait could also come from the accidents cf large-size oil tankers passing through the Korea Strait from the Malacca Strait Although the Korean government considers the geographic and socioeconomic conditions sufficient to justify Korea's claim of the Cheju Strait as territorial sea, it believes that declaring it so would raise considerable legal conflicts with maritime states. In view of the legal difficulties and the need to meet the problems arising from the growing vessel traffic in the Cheju Strait, the sea lanes and traffic separation schemes may be considered an alternative to the internationalization of the Cheju Strait Even if the Korean government dose not do so, the regime of innocent passage should be applied to vessels passing through the Strait and should not suspend innocent passage through the Strait. Therefore, the Korean government needs to have a more legal, pragmatic, functional and managerial approach than a purely sovereign and selfish approach to the solution of legal matters of the Cheju strait For this purpose, the UN Convention on the Law of the Sea would serve as a guide and also self-restraint and cooperative approaches would become norms governing the resolution of the law of the sea issues in the Cheju Strait.

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Legislative Approaches to Terminal Care Issue in the U.S.A. - Acts on Terminal Health-Care Decision (말기의료에 관한 미국 법제의 연구 - 말기의료결정 제도를 중심으로)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.355-401
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    • 2013
  • The first legislation for terminal health-care decision was California's Natural Death Act (NDA) of 1976 that permitted any adult person to execute a directive directing the withholding or withdrawal of life-sustaining procedures. Advance directive legislation has subsequently progressed on a state-by-state basis. By 1992, all 50 states, as well as the District of Columbia, had passed legislation to legalize some form of advance directive. This state legislation, however, has resulted in an often fragmented, incomplete, and sometimes inconsistent set of rules. Statutes enacted within a state often conflict and conflicts between statutes of different states are common. In an increasingly mobile society where an advance health-care directive given in one state must frequently be implemented in another, there is a need for greater uniformity. In 1993, the Uniform Law Commissioners approved the Uniform Health-Care Decisions Act (UHCDA) in order to bring order to the existing chaos. Unfortunately, the Commissioners waited too long to act. By the time the UHCDA was approved, nearly all states had passed legislation governing advance directives. Consequently, the UHCDA has achieved only a limited success, picking up but one or two enactments a year. The UHCDA is currently in effect in around 10 states: Alabama, Alaska, California, Delaware, Hawaii, Kansas, Maine, Mississippi, New Mexico, Tennessee, Wyoming. In these states the previous laws related to the subjects have been all repealed. The overall objective of the UHCDA is to encourage the making and enforcement of advance health care directives including living will or individual instruction, power of health-care attorney and to provide a means for making health care decisions for those who have failed to plan. The U. S. House of Representatives in 1991 enacted the Patient Self-Determination Act (PSDA). The Act stipulates that all hospitals receiving Medicaid or Medicare reimbursement must ascertain whether patients have or wish to have advance directives. The Patient Self- Determination Act does not create or legalize advance directives; rather it validates their existence in each of the states. Now in America, terminal health-care decision or advance directive for health care is common and universal system. The problem, however, is how to let more people use these good tools to make their lives more beautiful and honorable.

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