• Title/Summary/Keyword: harmonization of legislation

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Civil legal relations in the context of adaptation of civil legislation to the legislation of the EU countries in the digital age

  • Kizlova, Olena;Safonchyk, Oksana;Hlyniana, Kateryna;Mazurenko, Svetlana
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.521-525
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    • 2021
  • An essential area is the creation of a single digital market between the EU and Ukraine through information technology. Purpose: to investigate and analyze civil law relations in the field of adaptation of Ukrainian civil law to civil law regulations of the EU. The object of research: Ukrainian civil law and civil law of the EU. The subject of the study is civil law in the context of adaptation of civil law to the legislation of the EU. The following methods of scientific cognition were used during the research: semantic, historical, comparison, analysis and synthesis, generalization. The results of the study show that the harmonization of the legal system of Ukraine with EU law is caused by several goals: successful integration of Ukraine into the EU, legal reforms based on the positive example of EU countries, promoting access of Ukrainian enterprises to the EU market; attracting foreign investment, increasing the welfare of Ukrainian citizens. The adaptation includes three stages, the final of which is the preparation of an expanded program of harmonization of Ukrainian legislation with EU legislation. In the process of adaptation, it is important to take into account the legal history, tradition, features and mentality of Ukraine and before borrowing legal structures to analyze the feasibility of their application in the Ukrainian legal field.

Current Status and the Future of Occupational Safety and Health Legislation in Low- and Middle-Income Countries

  • Ncube, France;Kanda, Artwell
    • Safety and Health at Work
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    • v.9 no.4
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    • pp.365-371
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    • 2018
  • This article addresses three key issues. First, the commonalities, differences, strengths, and limitations of existing occupational safety and health (OSH) legislation of low- and middle-income countries were determined. Second, required revisions were identified and discussed to strengthen the laws in accordance with the best international practice. Finally, proposals for additional OSH laws and interventions were suggested. A literature search of OSH laws of 10 selected low- and middle-income countries was carried out. The laws were subjected to uniform review criteria. Although the agricultural sector employs more than 70% of the population, most of the reviewed countries lack OSH legislation on the sector. Existing OSH laws are gender insensitive, fragmented among various government departments, insufficient, outdated, and nondeterrent to perpetrators and lack incentives for compliance. Conclusively, the legal frameworks require reformation and harmonization for the collective benefit to employees, employers, and regulatory authorities. New OSH legislation for the agricultural sector is required.

Global Perspectives of Organic Agricultural Industry -Growth, Trade & Standards-

  • Stehli, Vincent
    • Proceedings of the Korean Society of Organic Agriculture Conference
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    • 2001.10a
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    • pp.163-178
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    • 2001
  • The last few nears have seen significantly increased interest in organic food. Organic food is still a small but growing part of the food industry with an identity defined and protected by law. Its existence provides an element of consumer choice. To obtain consumer confidence and, product credibility and transparency in the organic market, organic legislation and certification is needed, To facilitate export of organic products, harmonization of the organic legislation is favoured. The IFOAM accreditation programme has already achieved very much in this respect. Several national regulation, such as the NOP(USA) and EC2092/91(European Union) have already complied with the IFOAM basic standards. But in many countries there is still a lack of national legislation on organic agriculture. Because of the fast globalisation, organic agriculture is facing major challenges for international trade, so it is very important to consider the future development and certification of organic produce in all countries.

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New drug classification system in accordance with global harmonization (글로벌 조화에 부합하는 국내 의약품 분류체계 개선방안)

  • Sohn, Sung-Ho;Yoo, Bong Kyu
    • Korean Journal of Clinical Pharmacy
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    • v.22 no.3
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    • pp.260-267
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    • 2012
  • The objective of this study was to investigate drug classification system in Korea and other developed countries. Laws and regulations of Korea regarding the system were retrieved from sources posted in Ministry of Government Legislation. We also reviewed previous research reports performed as part of government's effort to reform the system The system in the foreign countries was retrieved from the official homepage operated by each country's government. There have been two research funded by Korean government, which strongly suggested that the system should be reformed. However, we found that the system was never reformed and still effective. Drug classification system in US and most western countries consists of two categories, i.e., prescription drugs and non-prescription drugs except UK, which classifies into three categories: Prescription Only Medicines, Pharmacy Medicines, and General Sales List Medicines. Interestingly, in Japan, non-prescription drugs are further classified into three groups: Group 1, 2, and 3. Recently, Ministry of Health and Welfare (MOHW) in Korea proposed a plan to reclassify all the approved drugs according to purportedly rational and scientific criteria. However, the plan does not include reform of the existing laws and regulations, which appears that it is just one-time action rather than a sustainable administration backed up by law. Therefore, it is recommended that Korean MOHW take appropriate action on laws and regulations with regard to the system to meet global harmonization standard.

Comparison of the Current Migration Testing Regulations for Plastic Containers and Packaging Materials in EU, USA and Korea or Japan (유럽연합, 미국, 한국 및 일본의 합성수지 용기.포장재에 대한 현행 이행실험 규정 비교)

  • Lee, Keun-Taik;Lee, Chang-Sung
    • KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
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    • v.5 no.2
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    • pp.42-58
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    • 1999
  • Packaging materials and articles that are used in food contact applications can transfer constituents in the foodstuffs. This kind of risk of possible health hazards to consumers has been generally recognized for a long time with the consequence of establishing corresponding food regulations in most developed countries. However, the language of these laws, their interpretation, and their level of enforcement vary from country to country. Accordingly, the actual migrating levels from packaging materials can be varied depending on the migration testing methods as prescribed in the national legislation in each countries. Therefore, there are needs of elimination of non-tariff trade barriers raised by sanitary and phytosanitary or technical measures under the Final Act of the UR Agreement. In this connection, the EU and USA are currently in an ongoing process of legislation harmonization to overcome potential barriers to free trade. In general, regulations governing component transfer in the USA are more complicated and comprehensive than similar regulations in Europe. In future, standard migration testing procedures for microwave heat susceptor materials and for the use of fatty food simulant should be established and also harmonized among countries. The objective of this investigation is to compare the current regulations for migration testing for plastic containers and packaging materials in USA, EU and Korea or Japan. For those regulations, Korean standards are required to be kept up with the international standards. By doing this, the related Korean regulation could be amended along with the worldwide progress for harmonization.

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Particle Emission Characteristics of Heavy-duty Diesel Engine using Aftertreatment Systems (후처리장치 부착에 따른 대형디젤엔진의 입자 배출특성)

  • Kwon, Sangil;Park, Yonghee
    • Journal of ILASS-Korea
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    • v.17 no.3
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    • pp.146-151
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    • 2012
  • This study was primarily focused on the experimental comparison of the particle emission characteristics for heavy duty engine. PM and particle number from various heavy duty engines and DPF type were analyzed with a golden particle measurement system recommended by the Particle Measurement Program. And the repeatability and reproducibility between test mode was analyzed. This study was conducted for the experimental comparison on particulate emission characteristics between the European and World-Harmonized test cycles for a heavy-duty diesel engine. To verify the particulate mass and particle number concentrations from various operating modes, ETC/ESC and WHTC/WHSC, both of which will be enacted in Euro VI emission legislation, were evaluated. Real-time particle formation of the transient cycles ETC and WHTC were strongly correlated with engine operating conditions and after-treatment device temperature. A higher particle number concentration during the ESC mode was ascribed to passive DPF regeneration and the thermal release of low volatile particles at high exhaust temperature conditions.

Comparative Analysis on the Landscape Ordinances between Korea and the United States of America (한국과 미국의 조경관련조례의 비교분석)

  • 신익순
    • Journal of the Korean Institute of Landscape Architecture
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    • v.28 no.5
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    • pp.26-38
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    • 2000
  • The purpose of this study is to perform a comparative analysis on landscape ordinances between Korea and U.S.A to find out some useful implications for remedial devices on Korean landscape ordinances in terms of their legislation, contents, and operating procedure. The results of this study are as follows; 1) Technical issues addressed by the U.S.A landscape ordinances may be divided broadly into five items(landscaping, planting, facilities, land use, preservation and protection) and subdivided diversely by each item. 2) The thirty four landscape ordinances of U.S.A., collected for this study, were made up of the nineteen comprehensive landscape ordinances(56%), the nine tree ordinances(26%) and the six post construction landscape ordinances(18%) s a result classifying into three types(comprehensive, post-construction, and tree ordinances) of landscape ordinances. 3) The differences in the view of the legislation, contents and practical process in the Korea and the U.S.A. landscape ordinances were to be analyzed comparatively. 4) Whether or not of applying the thirty four landscape ordinances of U.S.A. to the domestic ordinances were reviewed, we found that the twenty eight cases are applicable after study(82%), the four cases are applicable(12%) and the two cases are not applicable(6%) to Korean system. The result of this study will be source materials for the application of the correct regulations in the field of domestic landscape ordinances providing the theoretical system for the legislation of the landscape ordinances which are characterized as the harmonization between the development and the conservation breaking from the existing uniform and the developmental landscape ordinances.

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Compliance of Electronic Bill of Lading Regulation in Korea with Model Law on Electronic Transferable Records

  • Choi, Seok-Beom
    • Journal of Korea Trade
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    • v.23 no.3
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    • pp.68-83
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    • 2019
  • Purpose - The UNCITRAL Model Law on Electronic Transferable Records (Model Law) is based on the principles of non-discrimination against the use of electronic means, functional equivalence, and technology neutrality underpinning all UNCITRAL texts on electronic commerce. Investigating the disagreements between the Model Law and the Koran Commercial Act (KC Act), including the B/L Regulation, and suggesting the revision of the KC Act including the B/L Regulation, could be a valuable study. The purpose of this paper is to contribute to the harmonization of Korean legislation regarding electronic bill of lading in compliance with the Model Law. Design/methodology - The Model Law is flexible to accommodate the use of all technologies and models, such as registries, tokens, and distributed ledgers: that is, blockchain. In 2007, the KC Act was revised to regulate electronic bills of lading to promote the widespread legal use of electronic bills of lading. In addition, The Regulation on Implementation of the Provisions of the Commercial Act Regarding Electronic Bills of Lading (the B/L Regulation) was enacted to regulate the detailed procedures in using electronic bills of lading in 2008. This paper employs a legal analysis by which this paper does find differences between two rules in light of technology neutrality and global standard of electronic bills of lading model. Findings - The main findings are as follows: i) the Korean registry agency has characteristics of a closed system. ii) The KC Act has no provision regarding control. iii) The KC Act discriminates other electronic bills of lading on the ground that it was issued or used abroad. Moreover, this study does comprehensive analysis of Korean Acts in comparison with the Model Law and, in particular, this study analyzes the differences between the KC Act and the Model Law by comparing article by article in view of the harmonization of the two rules. Originality/value - The subject of previous several studies was draft provisions on Electronic Transferable Records before completion of the Model Law; thus, these studies did not take into consideration the character of the Model Law as the Model Law was chosen at the final stage of legislation. This study is aimed at the final version of the Model Law. So, this study is meaningful by finding the suggestion and directions for the Korean government to revise the KC Act and the B/L Regulation in line with the Model Law.

The Personal Data Protection Mechanism in the European Union

  • Syroid, Tetiana L.;Kaganovska, Tetiana Y.;Shamraieva, Valentyna M.;Perederiі, Оlexander S.;Titov, Ievgen B.;Varunts, Larysa D.
    • International Journal of Computer Science & Network Security
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    • v.21 no.5
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    • pp.113-120
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    • 2021
  • The adoption of the General Data Protection Regulation (EU) 2016/679 transformed approaches and concepts to the implementation of the personal data protection mechanism in the European Union. Within the EU, almost all countries have adapted a new protection mechanism, which requires a study of the specifics of its use. The article intends to assess the legal provisions of the current mechanism of personal data protection in the EU. The author studied the mechanism of personal data protection under the General Data Protection Regulation (EU) 2016/679 (GDPR) based on the concept of contextual integrity and analysis of EU legislation on personal data protection. The scientific publications for 2016-2020 were reviewed for the formation of ideas of a new personal data protection mechanism in the EU, informative and transparent analysis of legal provisions. The article notes that the personal data privacy and protection is increasing, there is an ongoing unification of the legal status of personal data protection and the formation of a digital market for dissemination, exchange, control, and supervision of data. Cross-border cooperation is part of the personal data protection mechanism. The author proved that the GDPR has changed approach to personal data protection: the emphasis is now shifting to the formation of a digital market, where the EU's role in ensuring regulation is crucial. The article identifies the emergence of a new protectionist legal system and strengthening of legal provisions regarding privacy. This legal system needs unification and harmonization in accordance with national legislation, is territorially fragmented and differentiated within the EU.

Review on CMI Study of Draft Convention for Wreck Removal (난파물제거협약 초안에 관한 국제해법회의 검토에 대한 개관)

  • Hwang, Seok-Kap
    • Journal of the Korean Institute of Navigation
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    • v.21 no.4
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    • pp.66-92
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    • 1997
  • Even though marine casualities are recently occuring so frequently in territorial sea or beyond, that causing danger to navigation, yet no international regimes are officially made to cope with such an impediment efficiently. However, Internatinal Maritime Organization (IMO) commenced to work for adopting an appropriate internaitnal convention on wreck removal under co-operation with Comite' Maritime International (CMI). The legal committee of the CMI has already provided full comments on draft convention of the wreck romoval and duly submitted to IMO as a reference which was made on the basis of their principles of unification and harmonization. Accordingly, this paper re-arranged in order aiming to understand easily for legal aspects of the draft convention comprehensively in accordance with full contents provided by the CMI. To avoid any improper applicationor undue interpretation after fixing of the convention , every coastal state which has keen interests should trace its background of legal information from initial stage. Accordingly, the paper will contribute not only to realize how to draw a whole legal picture including specific articles on the convention fixable in the future but also to the national legislation with understanding full legal history of the convention.

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