• 한국중재학회지:중재연구
• /
• 제21권1호
• /
• pp.131-155
• /
• 2011

PICC executes its role as a useful lex mercatoria in the continuously increasing international trade to be adopted as the standard criterion of prevention or dispute resolution. When considering the fact that GISG has not presented results beyond expectation in the past due to hard laws and legal deficiency, PICC, which possesses interpretation and supplementation function, is considered undoubtedly useful particularly in international commercial arbitration. As observed in the previously mentioned analysis on cases accumulated in UNILEX, PICC application and Arbitral tribunal in international contract between parties possess considerably large claim possibility and the number of actual application cases is continuously increasing. The fact that PICC has been composed as maximum common measures of continental and common law systems by traditional comparative legal scholars familiar with international trade can function as the fundamental principle in future global trade activity and can also act as the model law for uniting contract laws of nations. In this aspect, PICC can be evaluated to have considerably achieved enactment purpose of previous intention. However, additional topics that had not been accepted in the revised edition of PICC remain as assignments requiring solution, such as analysis and acceptance problem of comparative law, PR of PICC unfamiliar even to the relative parties of international trade and application in international contract, and absorption problem as model law in various domestic laws.

• 한국중재학회지:중재연구
• /
• 제14권1호
• /
• pp.3-28
• /
• 2004

The implementation of electronic transaction raises some new legal and institutional problem so it is necessary for us to prepare alternatives. As the development of electronic transaction is difficult without smooth settlement of dispute the pursue of smooth settlement of dispute is very important menu. while the most common method relating to the settlement of dispute is litigation. them relating to the litigation, the subject of governing law so jurisdiction and the subject of governing laws should be resolved above all. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean. Therefore, governing law to application concerned about electronic transaction should be prepared and the environment to keep electronic transaction secure and stable be guaranteed. And we should make plans to protect companies and consumers and should make efforts to expand electronic transaction infrastructure .

• 통상정보연구
• /
• 제6권1호
• /
• pp.249-265
• /
• 2004

In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

• 항공우주시스템공학회지
• /
• 제8권4호
• /
• pp.44-51
• /
• 2014

This thesis analyzes the latest operating concept and status for Air Defense Identification Zone (ADIZ) researching overseas ADIZ CONOPS, international legal basis for ADIZ, the intention & background of proclamation for China Air Defense Identification Zone(CADIZ). Firstly, ADIZ is lawful concerning international connivance for ADIZ where around 20 countries have operated, Article 56 "Rights, jurisdiction & duties of the coastal State" and Article 301 "Peaceful uses of the seas" on the United Nations Convention on the Law of the Sea(UNCLS). Secondly, ADIZ has been regarded as a support means for national interest & policy as well as military air defense one. Thirdly, Based on legal re-interpretation for UNCLS relating to ADIZ, China proclaimed CADIZ where can ensure national maritime policy and strategy including A2/AD(Anti-Access & Area Defence), inroad into the ocean, claim for Senkaku Islands possession, etc..

• International Journal of Computer Science & Network Security
• /
• 제21권8호
• /
• pp.203-211
• /
• 2021

The article studies the discourse and a legal uncertainty of the popular and generally understandable concept of cybercrime. The authors reveal the doctrinal approaches to the definition of cybercrime, cyberspace, computer crime. The analysis of international legal acts and legislation of Ukraine in fighting cybercrime is carried out. The conclusion is made about the need to improve national legislation and establish international cooperation to develop the tools for countering cybercrime and minimizing its negative outcomes. The phenomenon of nicknames is studied as a semantic source, which potentially generates a number of threats and troubles - the crisis of traditional anthroponymic culture, identity crisis, hidden sociality, and indefinite institutionalization, incognito style, a range of manifestations of loneliness - from voluntary solitude to traumatic isolation and forced detachment. The core idea is that it is the phenomenon of incognito and hidden name (nickname and other alternatives) that is the motivational stimulus for the fact of information trouble or crime.

• International journal of advanced smart convergence
• /
• 제10권3호
• /
• pp.181-186
• /
• 2021

Among human intellectual creations, the right granted by law to what is worth protecting is defined as intellectual property rights. Copyright is a legal right to creative finished products made by individuals, and in recent years, this legal right has been recognized as very important. In other words, copyright is a system created to protect the rights of individuals who created creations and to recognize their efforts. Works subject to copyright vary from poetry, thesis, novels to designs, paintings, music, and architecture, and the scope of the subject is gradually expanding. Recently, research has begun on how far the Metaverse design area absorbed into the real world among works. Computer-generated video productions and software program works are also subject to digital copyright protection, but it is also true that the interpretation of the author protection law for works, designs, and trademarks in the virtual world is unclear. This study aims to analyze copyrights based on case studies and theoretical backgrounds on copyright protection and to discuss the protection limitations of Metaverse design in the virtual world. In other words, the direction for the protection of Metaverse design is presented through clear distinction and definition of copyright protection in the tertiary virtual world. This study aims to present methods for design copyright protection in the era of Metaverse, respect copyright holders' creative activities, and develop our culture through protection of creations.

• Journal of Contemporary Eastern Asia
• /
• 제19권2호
• /
• pp.125-147
• /
• 2020

On the World Refugee Day in 2017, Yao Chen, a Chinese actress, philanthropist, and social media influencer, posted messages in her Weibo in support of the United Nations Refugee Agency (UNHCR). Yet, social media users quickly interpreted this supportive message of the refugee program as encouraging people to "accept and receive refugees" (jieshou nanmin) into China. Particularly, the category of Middle Eastern refugees elicited most criticism in China's cyberspace. As the inclusion of refugees is an integral part of immigrant multiculturalism, this article examines the limits of multicultural imagination of refugees―particularly those from the Middle Eastern and North Africa―in contemporary China. I argue that the limits of multicultural imagination in contemporary China is profoundly shaped by an intricate interweaving of domestic policies and global imaginaries toward refugees. By deploying a mixed methodology, such limits are examined from legal-institutional, ideological, and sociocultural perspectives. More specifically, three interrelated aspects will be highlighted in the article: (1) the global circulation of right-wing populism imaginaries, and their entanglements with the anti-Muslim sentiments in contemporary China; (2) the current insufficiency of the legal-institutional framework regarding refugees and asylum-seekers, which needs to be contextualized in China's modern history of dealing with refugee issues; (3) population politics, the rise of Han-centric nationalism, and their constraining impact on the interpretation of historical events related to cultural diversity. In conclusion, this article also offers potential implications for further examining the different yet potentially intersected genealogies of multicultural imaginaries beyond the Middle Eastern and North African refugees in Asia.

• 한국발생생물학회지:발생과생식
• /
• 제21권3호
• /
• pp.343-349
• /
• 2017

tWith the development of the third-generation gene scissors, CRISPR-Cas9, concerns are being raised about ethical and social repercussions of the new gene-editing technology. In this situation, this article explores the legislation and interpretation of the positive laws in South Korea. The BioAct does not specify and regulate 'gene editing' itself. However, assuming that genetic editing is used in the process of research and treatment, we can look to the specific details of the regulations for research on humans as well as gene therapy research in order to see how genetic editing is regulated under the BioAct. BioAct differentiates the regulation between (born) humans and embryos etc. and the regulation differ entirely in the manner and scope. Moreover, due to the fact that gene therapy products are regarded as drugs, they fall under different regulations. The Korean Pharmacopoeia Act put stringent sanctions on clinical trials for gene therapy products and the official Notification "Approval and Examination Regulations for Biological Products, etc." by Food and Drug Safety Administration may be applied to gene editing for gene therapy purposes.

• Ocean and Polar Research
• /
• 제24권4호
• /
• pp.501-524
• /
• 2002

Article 121 of the UNCLOS stipulates the regime of islands and grants different jurisdictions to islands and rocks. Especially, paragraph 3 gives different definitions and distinguishes the legal status of between islands and rocks. That is, rocks, which cannot sustain human habitation or economic life cannot have their own EEZ, continental shelf or the great-sphere maritime jurisdiction. In this paper various theories and state practicess on islands and rocks are examined with reference to Article 121 of UNCLOS. Also, the status of Dokdo as a rock or an island is examined in accordance with the interpretation of Article 121 of UNCLOS. National legislations, practices, and many scientific opinions are often contradictory and controversial with respect to the interpretation of Article 121 of the UNCLOS. However, it is believed that Article 121 of UNCLOS, particularly paragraph 3 has to be interpreted more strictly. That is because the highly developed modem scientific technology can be meaningless when the criteria of Article 121 of UNCLOS are to be inappropriately applied. Insular figures like ${\ulcorner}rocks{\lrcorner}$ could bring the inequitable effects disadvantageous toward the other party when the maritime delimitation is applied. Claiming and Intentionally extending maritime zone of a coastal states by assigning EEZ for small insular figures like ${\ulcorner}rocks{\lrcorner}$ is over-zealous nationalism which is illegal, and such practices must be recognized as actions bringing great harm to the neighboring nations and demise of the sprit of all mankind.

• 한국중재학회지:중재연구
• /
• 제34권2호
• /
• pp.27-44
• /
• 2024

The lack of consistency and predictability of arbitral awards in the Investor-State Dispute Settlement ("ISDS") mechanism has long been a subject of criticism. In international investment disputes, arbitral tribunals have frequently come up with different interpretations and results on similar investment agreement provisions. The arbitral tribunal's inconsistent decisions raised concerns not only among the parties to the investment dispute but also amongthe arbitral tribunals in other cases, which ultimately led to legal inconsistencies in international investment law. Arbitration awards may have some degree of disagreement in interpretation. However, the systemic inconsistencies that pervade ISDS risk undermining the purpose of the investment agreement system, which is to provide a predictable and stable framework to protect andpromote foreign investment while maintaining a balance with host state regulations. Therefore, this study proposes a plan to resolve this discrepancy and review standards for practical application. Reform of the ISDS mechanism could be a viable option to reduce, to some extent, the inconsistencies in interpretation, if not completely eliminate them. Reforms such as establishingguidelines, promoting cooperation between arbitral tribunals, and codifying the norms of the agreement can provide a means of reducing interpretive inconsistencies and strengthening the legitimacy of the ISDS mechanism. Reforming the ISDS mechanism will require all stakeholders to carefully consider the issues and the scope, nature, and feasibility of eachpotential reform.