• Title/Summary/Keyword: legal framework

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A Systematic Approach for Mechanical Integrity Evaluation on the Degraded Cladding Tube of Spent Nuclear Fuel Under Transportation Pinch Force

  • Lee, Seong-Ki;Park, Joon-Kyoo;Kim, Jae-Hoon
    • Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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    • v.19 no.3
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    • pp.307-322
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    • 2021
  • This study developed an analytical methodology for the mechanical integrity of spent nuclear fuel (SNF) cladding tubes under external pinch loads during transportation, with reference to the failure mode specified in the relevant guidelines. Special consideration was given to the degraded characteristics of SNF during dry storage, including oxide and hydride contents and orientations. The developed framework reflected a composite cladding model of elastic and plastic analysis approaches and correlation equations related to the mechanical parameters. The established models were employed for modeling the finite elements by coding their physical behaviors. A mechanical integrity evaluation of 14 × 14 PWR SNF was performed using this system. To ensure that the damage criteria met the applicable legal requirements, stress-strain analysis results were separated into elastic and plastic regions with the concept of strain energy, considering both normal and hypothetical accident conditions. Probabilistic procedures using Monte Carlo simulations and reliability evaluations were included. The evaluation results showed no probability of damage under the normal conditions, whereas there were small but considerably low probabilities under accident conditions. These results indicate that the proposed approach is a reliable predictor of SNF mechanical integrity.

Recent Trends and Use of International Commercial Mediation in The Area of Intellectual Property Rights - Focused on the WIPO Mediation (지식재산권 분야의 국제상사조정제도와 활용 - WIPO조정을 중심으로)

  • YI, LORI
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.77-98
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    • 2021
  • International commercial mediation of intellectual property rights fully meets the interests of the parties in such disputes in terms of their needs for neutral forum of dispute resolution, cost-effective settlement, objective opinion of relevant experts, internationally enforceable solution. In addition, as a procedural flexibility, respected self-determination of the parties, exploration of possible creative business solutions, maintenance of business relationship and confidentiality of mediation are major characteristics which can be competitively differentiated from the lawsuit or arbitration. The settlement agreement as a result of the WIPO mediation has an effect of contract while the settlement agreement as a result of most domestic ones has an effect of judicial reconciliation which can be domestically enforced. The latter is not subject to the application of the Singapore Convention on Mediation which establishes a harmonized legal framework for the right to invoke settlement agreements as well as for their enforcement. The WIPO international mediation system and its experience may be a good reference for Korea to take an initiative to establish a globally competitive international mediation system in the area of intellectual property rights.

E-Government Practice, Challenges and Future Prospects in Developing Countries: the Case of Ethiopia

  • Denbu, Meleket Sahlu;Kim, Yun Seon
    • Asia Pacific Journal of Business Review
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    • v.4 no.1
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    • pp.61-77
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    • 2019
  • This article explored the status of E-Government initiative in developing countries by taking the case of Ethiopia. The study had analyzed the practice, challenges and the future prospect of the E-Government initiative in the country. The paper had used both secondary and primary sources of data. In identifying the practice and future prospects of the E-Government imitative, related works in the area were reviewed and appraised. In ascertaining the major challenges, structured and semi-structured interviews were carried out with selected stakeholders from the government office and the private sector. The result of the study had shown that the country had registered a promising progress in E-Government index in the past four years ranking at 157th in the year 2014, which was standing at 172nd in the year 2012. Above all, high- level political commitment and the design of specific actions plans that are linked to the national sustainable development priorities were the key success factors. Nevertheless, there are still enormous challenges that have to be tackled for citizens to drive the benefits arising from the implementation of E-Government initiative. The study had identified limited cross-sectoral connectivity, lack of intra-organizational connectivity, low human resource capacity, language barrier, lack of awareness and absence of appropriate legal and regulatory framework as major challenges. Finally, the study forwarded constructive suggestion that can be adopted in the way forward of the E-Government initiative.

The Features of Restricted Access to Information at European and East Asian Libraries

  • Makhotina, Natalya;Pshenichnaya, Evgeniya
    • Journal of Information Science Theory and Practice
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    • v.9 no.3
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    • pp.31-41
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    • 2021
  • The growing number of threats to society through the uncontrolled distribution of information is forcing library communities in many countries to reconsider their views on free access to collections. Based on the content of numerous documents of international importance, it can be concluded that in any democratic country access to information is one of the most important human rights, along with the right to life, liberty, and security of person. However, the state has the right to restrict citizens' access to information within the framework of existing legislation. Constantly, restrictions on access to information are established in order to protect the ethical foundations of the constitutional order, morality, health, rights, and legitimate interests of others, to ensure the country's defense and state security. It goes without saying that each country has the right to independently decide where the boundaries lie between permitted and prohibited information, including printed information, contained in library collections. This article describes three levels of access restriction: foreign, state, and regional. The authors have analyzed the legal and regulatory documents that govern libraries, as well as the reasons and methods of limitation. A comparative analysis of the restriction of access to information in the countries of Europe and Asia is presented.

Recent developments in remote inspections of ship structures

  • Poggi, Laura;Gaggero, Tomaso;Gaiotti, Marco;Ravina, Enrico;Rizzo, Cesare Mario
    • International Journal of Naval Architecture and Ocean Engineering
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    • v.12 no.1
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    • pp.881-891
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    • 2020
  • In recent years robotics has become an important resource in engineering. Adoption of Robotics and Autonomous Systems (RAS) in activities related to ship inspections has obvious potential advantages, but also arises particular challenges, both from technical and legal viewpoints. The ROBINS project (ROBotics technology for INspection of Ships) is a collaborative project co-funded within the H2020 EU Research and Innovation programme call, aimed at filling the gap between current ship inspections approach and available robotic technology, both from technological and regulatory point of view. Main goal of the present work is to highlight how ship inspections are currently carried out by humans, how they could be improved using RAS, even if not completely autonomous for the time being, at least in selected operational scenarios and how the performances of RAS platforms can be tested to assess their effectiveness in carrying out surveys onboard. In such a framework, a testing facility aimed at assessing RAS' capabilities as well as providing suitable environment for their development has been built and it is still under development along with dedicated testing protocols, able to assess the equivalence between human and RAS inspection of ship and marine structures. The features of a testing facility where RAS can be tested and the testing protocols are presented, showing how technological and regulatory gaps are filled.

Digital Forensic: Challenges and Solution in the Protection of Corporate Crime

  • CHOI, Do-Hee
    • The Journal of Industrial Distribution & Business
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    • v.12 no.6
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    • pp.47-55
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    • 2021
  • Purpose: Organizational crime is an offense committed by an individual or an official in a corporate entity for organizational gain. This study aims to explore the literature on challenges facing digital forensics and further discuss possible solutions to such challenges as far as the protection of corporate crime is concerned. Research design, data and methodology: Qualitative textual methodology matches the interpretative approach since it is a quality method meant to consider the inductivity of strategies. Also, a qualitative approach is vital because it is distinct from the techniques used in optimistic paradigms linked to science laws. Results: For achieving justice through the investigation of digital forensic, there is a need to eradicate corporate crimes. This study suggests several solutions to reduce corporate crime such as 'Solving a problem to Anti-forensic Techniques', 'Cloud computing technique', and 'Legal Framework' etc. Conclusion: As corporate crime increases in rate, the data collected by digital forensics increases. The challenge of analyzing chunks of data requires digital forensic experts, who need tools to analyze them. Research findings shows that a change of the operating system and digital evidence interpretation is becoming a challenge as the new computer application software is not compatible with older software's structure.

Islamic Legal Reasoning for the Justification of Tax Evasion: The Case of Indonesia

  • HIDAYAT, Nurul;SHARKEY, Nolan
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.8
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    • pp.475-486
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    • 2021
  • Religiosity is often perceived as a trait that can effectively suppress attitudes and behavior that lead to people evading taxes. However, this study finds that Islamic religiosity has a complicated relationship with tax evasion. This study employs a mixed-method, which involves collecting, analyzing, and integrating quantitative and qualitative research, and this integration provides a better understanding of the research problem. Qualitative analyses of the sermons of prominent Islamic clerics speaking on taxes on YouTube channels revealed different views. The textualists/conservative clerics viewed taxes are prohibited based on the fact of Islamic history and tax prohibition stated in a hadith. Furthermore, tax compliance is determined solely by the threat of punishment from the government. On the other hand, the moderate preachers seem to be more flexible in response to tax issues. They involve the framework of contextual and analogical-historical practice. Quantitative analyses from the survey found that Islamic religiosity is not directly correlated with tax evasion. However, the sentiment of Islamic law adoption by the state has significantly mediated the correlation between them. In addition, respondents who affiliate with moderate Islamic organizations tend to have less justification of tax evasion than those who affiliate with conservative organizations or movements.

Environmental Cooperation with the Distribution of Urbanization between South and North Korea

  • CHOI, Choongik
    • East Asian Journal of Business Economics (EAJBE)
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    • v.8 no.4
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    • pp.19-28
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    • 2020
  • Purpose - This study aims to lay the foundation for a desirable direction to solve future environmental problems through framework research on environmental cooperation according to distribution of urbanization between South and North Korea. The article also attempts to explore solution to two Koreas' environmental problems from the cooperative perspective between South and North Korea and draw future policy tasks. Research design, data, and methodology - For methodology, North Korea's legal system to cope with disasters is taken into consideration in terms of literature review. This study also analyzes a series of processes related to North Korea's disaster management through case study, and draws policy measures for North and South Korea's cooperation scope and methods. Result - The results support that North Korea is very vulnerable to environmental disasters due to food shortages, economic sanctions, and enormous natural disaster damages including flood damages occurring each year, because of the lack of disaster prevention infrastructure such as river maintenance. Conclusion - At the current time when North and South Koran exchange and cooperation increase, a disaster management cooperative system is needed for the areas where South and North Korea manage through division. It also suggests that there is a need to establish regulations and procedures for support items in advance for a quick response to disasters in North Korean region.

A Critique on Project Management View from Project Finance Perspective on the Critical Success Factors of PPP

  • Kim, Jung-Ju;Chae, Myungsin
    • Asia-Pacific Journal of Business
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    • v.11 no.3
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    • pp.21-46
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    • 2020
  • Purpose - This study aims to find if the introduction of project finance perspective leads to any modification to the view of PM industry on CSFs of PPP and their relative importance rank. Design/methodology/approach - Through literature reviews, this study came up with a set of CSFs reflective of both perspectives. AHP method was applied for analysis by developing an Analytic Hierarchical Model from this set and survey questionnaires of pairwise comparison to solicit 46 qualified expert responses. Findings - This study concurs with PM industry to acknowledge 'risk allocation', 'legal framework' and 'quality of feasibility' as ones of most important CSFs. However, relative importance rank of individual CSFs goes through significant modification under this study in favor of 'sponsor commitment and quality' but against 'political environment', in particular. Research implications or Originality - Discussions on the CSFs led by PM industry have not been properly reflective of project finance perspective, which is injected into this study to cure the partiality. For researchers, findings of this study may call attention to financing perspective when they discuss CSFs of PPP. Practitioners may benefit from this study by allocating resources in view of this new finding when pursuing PPP projects.

Principles of Chemical Risk Assessment: The ATSDR Perspective

  • Johnson Barry L.
    • 대한예방의학회:학술대회논문집
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    • 1994.02a
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    • pp.405-411
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    • 1994
  • Hazardous wastes released into the general environment are of concern to the public and to public health authorities. In response to this concern, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (commonly called Superfund), was enacted in 1980 to provide a framework for environmental, public health, and legal actions concerning uncontrolled releases of hazardous substances. The Agency for Toxic Substances and Disease Registry (ATSDR) was created by Superfund to address the public health issues of hazardous wastes in the community environment. Two key Agency programs, Public Health Assessments and Toxicological Profiles, are designed to assess the risk to human health of exposures to hazardous substances that migrate from waste sites or through emergency releases (e.g., chemical spills). The Agency's public health assessment is a structured process that permits ATSDR to identify which waste sites or other point sources require traditional public health actions (e.g.. human exposure studies, health studies, registries, health surveillance, health advisories). The ATSDR qualitative public health assessment complements the U.S. Environmental Protection Agency's quantitative risk assessment. For Superfund purposes, both assessments are sitespecific. ATSDR's toxicological profiles are prepared for priority hazardous substances found most frequently at Superfund sites. Each profile presents the current toxicologic and human health effects information about the substance being profiled. Each profile also contains Minimal Risk Levels (MRLs), a type of risk assessment value. This paper covers ATSDR's experience in conducting public health assessments and developing MRLs, and it relates this experience to recommendations on how to improve chemical risk assessments.

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