• Ocean and Polar Research
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• 제28권2호
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• pp.163-173
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• 2006

The so called Antarctic Treaty System, started from the Antarctic Treaty in 1959, has gradually been enlarged into the concept of an international environmental regime, which has been included in not a few international institutions, treaties, conventions, and international non-governmental organizations (INGO). This kind of movement, as in the role of an international environmental regime, has recently been highlighted in the Protocol on Environmental Protection to the Antarctic Treaty. This Protocol is taking appropriate measures as an international environmental regime in regulating its member nations by enforcing principles in protecting Antarctic resources and environment, regulating member nations' Antarctic activities, establishing norms in the adoption of international and domestic laws, and devising regulations for deciding administrative actions through the member nations' collective decision-making procedures. h this context, this paper is to test a few questions; firstly, how the Antarctic Treaty System can be related with the role of international environmental regime; secondly, how the theories of international environmental regime, such as the hegemony theory, rational choice theory, and international morality theory, can be tested in the role of Antarctic Treaty System as an international environmental regime. Finally, this paper provides a solution for the future problems of the Antarctic Treaty System as an international environmental regime regarding the regime's principle (conflict between the environmental principle and the right of nation-state), norms and regulations (the conflict between the developed and underdeveloped nations in terms of the concept of 'common but differentiated environmental responsibility'), cooperation directions (the leadership problems between hegemonic nation and multilateral leading groups), and management methods (cooperation and arrangement problems among expert institutions, observer groups, and INGO).

• Ocean and Polar Research
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• 제28권3호
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• pp.273-285
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• 2006

As the political arguments on international power concept has gradually been deepened, the role of international regimes, defined as principles, norms, rules, and decision-making procedures around which nation-actors' expectations converge in a given issue-area, has also been reinforced. There are many ways of understanding about international regimes. In terms of realistic theories, international regimes are one of methods of maintaining hegemonic power order of hegemonic nation and in terms of liberalistic theories, international regimes are understood as the products of mutual inter-dependence of nations in changing international society. As a matter of fact, if we take structural causes and regime consequences into severe consideration, we can find not a few characteristics of international regimes, such as security regime, world trade and fiance regime, ocean regime, environmental regime, human right regime, etc. This paper will examine the changing concept of power after World War II in three categories of hard power (military power), meta power (regime creating power), and soft power (advanced in cultural, diplomatical, and technological power). This paper will provide the evidence of why the changing power concepts will be strongly related with the emergence of international regimes. The UN convention on the law of the sea will chosen as a standard case of the ocean regime and it's regime structure and role will also be analysed in both realistic :md liberalistic theories. Futhermore, the nations' interests involved in the UN convention on the law of the sea will be analytically classified and finally a future prospectus of the UN convention on the law of the sea as an ocean regime will be tested.

• Journal of Korea Trade
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• 제24권2호
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• pp.53-67
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• 2020

Purpose - The purpose of this paper is to study strategic trade policies under international process research and development (R&D) competition with or without market leaders for free trade and a subsidy regime and compare the effects of R&D subsidies and export subsidies on the equilibrium levels of firm profit and social welfare. Design/methodology - For the analysis, we use previous work by Haaland and Kind (2008) and construct a differentiated goods duopoly model, wherein two firms compete via quantity in a third-country market for free trade and the subsidy regime. We consider simultaneous-move quantity competition when the two firms choose their quantities simultaneously and sequential-move quantity competition when they choose their quantities sequentially. The results are compared to those of Balboa, Daughety and Reinganum (2004), who studied export subsidies. Findings - The following are the findings. First, the results of firm preference orderings regarding firm position from Dowrick (1986) and Balboa, Daughety and Reinganum (2004) may not hold in our model when the firms' strategies are strategic substitutes under free trade. Second, the preference rankings under Cournot competition for free trade and a subsidy regime are the same as those in the strategic trade policy of export subsidy. Third, except for the cases of too close substitutes and complements, the results of firm and government preferences regarding firm position are different from those of Balboa, Daughety and Reinganum (2004) in that Stackelberg leadership in a subsidy regime is advantageous when the goods are substitutes but is disadvantageous when the goods are complements. Moreover, the equilibrium level of firm profit is the highest in the Cournot-Nash play when the goods are substitutes in a subsidy regime. Fourth, except for the cases of too close substitutes and complements, the results of firms' and their respective governments' trade regime preferences are similar to those of Balboa, Daughety and Reinganum (2004) in that a Stackelberg leader firm and government prefer free trade if the goods are substitutes and prefer a subsidy regime if the goods are complements. Furthermore, a Stackelberg follower firm and government strongly prefer a subsidy regime to free trade. Originality/value - By analyzing the effects of R&D subsidies and export subsidies in international markets, we can find similarities and differences between them in international markets.

• 무역상무연구
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• 제42권
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• pp.189-210
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• 2009

The United Nations General Assembly adopted the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea(hereinafter referred to as "The Rotterdam Rules") on 11 December 2008. Rotterdam Rules aims to create a contemporary and uniform law providing for modern door-to-door container transport including an international sea leg. but not limited to port-to port carriage of goods. The structure of the liability regime in Rotterdam Rules are globally close to that of the Hague-Visby Rule even though it differs from that of the Hague-Visby Rules in some significant aspects. The Rotterdam Rules are very long. Therefore the Rotterdam Rules will be difficult to understand for even the skilled ship operator or owner or charterer or shipper or consignee or receiver because they are so complicated. This paper only seeks to highlight the salient features of the liability and limitation of liability regime under the Rotterdam Rules. It is expected that the harmonization and modernization of the international legal regime. coupled with the bold attempt to balance the carrier and cargo interests should lead to an overall reduction in transaction costs. increased predictability and greater commercial confidence for international business transactions.

• 항공우주정책ㆍ법학회지
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• 제23권1호
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• pp.189-206
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• 2008

• Ocean and Polar Research
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• 제27권1호
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• pp.97-108
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• 2005

The International Seabed Authority (ISA) formally came into existence upon the entry into force of the UNCLOS on 16 November 1994. By adopting the Implementing Agreement in 1994, UNCLOS has the universality as a Magna Carta of International Ocean Regime, and the Deep Seabed Mining Regime could be operated as a unique one for the benefit of mankind. During last 10 years, ISA established the institutional framework successfully and made substantial and tangible progress in formulating the rules, regulations and procedures for the prospecting and exploration for polymetally nodules. Furthermore, RPI's obligations had been carried out completely, and the 7 RPI made contract with ISA to become a contractor who has an at least 15 you exclusive right for exploration in their allocated site. However, due to the uncertainty of commercial mining, the number of representatives from developing countries has been getting looser and looser and ISA has a problem of quorum of the Assembly. Land-based producers took a very strong opposite position to the contractors to make their loss in the minimum level. For the next decade, it might be prospected that ISA will focus on monitoring the contractor's activities, making rules, regulations and procedures for exploration on cobalt rich crust, sulphide and methane hydrate and implementing environment studies.

• 디지털융복합연구
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• 제17권8호
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• pp.27-35
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• 2019

본 연구는 국제난민의 문제를 해결하기 위한 국제기구로서 국제난민레짐이 어떠한 역사적 변천과정을 거쳐 결정되었고, 각 국가의 난민레짐은 어떻게 운영되고 있는 지를 검토해 보고자 하였다. 연구방법은 주로 문헌연구를 통해 조사 하였고, 대륙간 국가간 비교, 역사적 연구가 병행 되었다. 영국, 독일 등 유럽 국가들은 국제난민레짐 형성을 주도하고 국제난민을 수용하는데 적극적 역할과 긍정적 인식을 가지고 있는 반면 일본과 한국 등 아시아 국가들은 상당한 폐쇄적 난민레짐과 의식을 가지고 있는 것으로 분석되었다. 즉, 유럽과 아시아의 난민에 대한 세계시민성 의식의 차이를 유추할 수 있다. 이 분석은 각국의 인도주의적 난민정책을 수립하는데 기초 자료가 될 것이다 그리고 현재 분산적으로 시행되는 각 국의 난민 레짐으로 부터 하나의 일반적인 국제 난민 레짐과 제도를 확립하는데 기여할 것이다. 앞으로 본 논문은 각국의 세계난민 정책을 모두 포괄할 수 있는 국제난민 레짐을 수립하고 세계시민성의 난민 포용정책으로 새로운 패러다임을 설정하는데 기여할 수 있다. 따라서 본 여구에서는 이러한 연구를 통해 향후 국제난민정책과 제도의 변동과 법률 및 규정의 합리적인 제정을 유도하게 된다.

• 한국항해항만학회지
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• 제36권7호
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• pp.577-583
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• 2012

The transport of radioactive material by sea is strictly governed by the international regulatory regime which is established by both IAEA and IMO. Nonetheless, although the current regime is well established, due to catastrophic results of potential accident, it is essential to keep identifying areas where further enhancement is necessary. This paper reviews the current regulatory regime governing sea transport, such as IAEA Regulations, IMDG Code and INF Code. Then, specific requirements of the INF Code are analyzed for the purpose of identifying areas where improvement is necessary from the perspective of ships. Through this analysis, this paper identifies areas to be improved and proposes to improve the INF Code which can supplement the current regulatory regime for sea transport of radioactive material.

• 한국중재학회지:중재연구
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• 제16권3호
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• pp.217-230
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• 2006

Singapore is a dual-track arbitration regime. Where seat of arbitration is Singapore, the governing procedural law for domestic arbitration is AA and for international arbitration is IAA. The parties may by agreement opt-out of and opt-into a specific regime. SIAC is a leading arbitral institution in Singapore. It offers wide range of services: administer arbitration proceedings, arrangement of logistics for arbitration hearing, appointment of arbitral tribunal for ad hoc arbitration in Singapore as well as registry and authentication of arbitral awards.

• 한국항공우주법학회:학술대회논문집
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• 한국항공우주법학회 2008년도 제40회 국제학술발표대회
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• pp.75-89
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• 2008