• Journal of Arbitration Studies
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• v.18 no.3
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• pp.3-22
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• 2008

The purpose of this article is to make research on the meaning and function of the place of arbitration for, the international commercial arbitration. For this purpose is to analyse regal issue the meaning and function of the place of arbitration on the international commercial arbitration relating to the arbitration law and the recognition and enforcement of foreign arbitral awards. In this Article is dealt with Art. 2 para. 1 of the Korean Arbitration Act(KAA). The KAA corresponds with the connection to the place of arbitration, the internationally prevailing 'the principle of territoriality'. The place of arbitration is therefore great practical relevance, as there is not only the existing legal supplements on the arbitration procedure applies, but also in the state courts rule for the support and control of the tribunal are responsible. In this context, this article first intends the importance of the place of arbitration for determination of the applicable procedural law. Secondly, this article intends the importance of the place of arbitration for the recognition and enforcement of foreign arbitral awards under "the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards(New York Convention)". In conclusion, this article stresses, that the place of arbitration setting under Article 21 para. 1 KAA determine not only the applicable arbitration law, but also the jurisdiction of state courts in lawsuit for repeal of arbitration and qualification as a domestic or foreign arbitration award.

• The Southeast Asian review
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• v.23 no.1
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• pp.195-234
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• 2013

Javanese culture has been perceived as peace-oriented and conflict-avoiding in both academic studies and local people's discourses, and this perception has been crystallized in the "rukun model" for understanding Javanese culture. But in reality, although the rukun values have been internalized in Javanese mindset, violence has never ceased in Javanese society and even seems more widespread in the Indonesian reform era. Based on this understanding, this paper reveals the limitations of peace-oriented rukun model which cannot explain conflict and violence, and instead suggests an alternative "territorial model" which can involve both peace and conflict. For that purpose, the author examines aspects of territoriality embedded in three components of Javanese villages: people, territory, and adat, and argues that territoriality works as the principle of organizing and managing Javanese society, as shown in their social stratum and various cultural practices as well as the way morality and justice are defined. By theorization of territorial model, we can understand rukun values and adat from a new perspective and thus achieve a more complete understanding of Javanese culture.

• Journal of Korea Trade
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• v.24 no.2
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• pp.15-30
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• 2020

Purpose - This paper investigates the theories and practices of Most-Favored-Nation (MFN) clauses. The MFN clause became a controversial issue during the past two decades, especially in the context of investment arbitration. This paper aims to clarify a reasonable way to apply MFN clauses. It in particular focuses on the territoriality requirements and the scope of investment activity which are common features included in most of investment treaties. Design/methodology - This paper analyses two investment arbitration cases, Ansung Housing and Beijing Urban Construction. Through the case study, this paper reveals limitations of the currently dominant views on the operation of MFN clauses. It then tries to reconstruct the system of MFN application within the relevant arbitration principles. Findings - Tribunals of recent investment arbitration as represented in the two cases above employed strict literal interpretation of the treaty provisions, especially of the phrase "in its territory". This paper finds a more functional interpretation is appropriate and consistent with theories of public international law and developments of global economy. Originality/value - Existing studies either stuck to literal interpretation or suggested more flexible interpretation of the phrase "in its territory" without full explanation. This paper tries to fill the gap in the existing discussion by analyzing legal foundations and theoretical structure for an effective interpretation of MFN clauses.

• Journal of the Korean Institute of Rural Architecture
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• v.18 no.2
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• pp.47-54
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• 2016

The objective of this study is to propose the principle and method of the spatial system modification for the compatibility of habitability and tourism convenience in cultural property villages. Based on the field survey on tourists' routes, activities and their durations in Oeam-maeul, the problems of conflict, between habitability/residents and tourism/tourists, and their causes are analyzed. And the modification principle and method of spatial system is proposed as follows; The basic principle of the spatial system modification is to respect the traditional hierarchy in village roads, between the main road and sub-roads, and the territoriality of settlement space that is typically differentiated as the social, individual, and ceremonial domains, from the front to rear part of settlement. With this principle, it is recommended to restrict the tour route to one that is composed of the main road and the periphery road of housing area, and some connecting sub-roads. based on the surveyed tourists's routes. And it is suggested that the tourist facilities, whether they are existing houses or newly built buildings, and the tourist programs are necessary for experience tourism to cultural property villages, and they are proposed to be placed along the restricted tour route.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.199-241
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• 2004

This paper discusses to what extent the party autonomy can be allowed in intellectual property dispute resolution agreements in determination of governing law, international jurisdiction, and ADR agreement for arbitration, etc. in considering of the territoriality principle of IP. The party autonomy in choice of governing law and jurisdiction can be fully enjoyed in IP contract disputes. However, the freedom of choice is limited to the disputes regarding IF infringement disputes. The party autonomy is denied in the issues of determination of validity of patent or other IP rights. The author seeks the possibility to allow as much freedom in making choice of applicable law or jurisdiction, or entering into arbitration agreement.

• Journal of architectural history
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• v.8 no.4 s.21
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• pp.39-62
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• 1999

Basic concept of this study is that architectural form as a material at present has meaning for the dweller's life on the past historical plane. Main method to recover history is ethnographic interview to dwellers. Secondary method is to analyze ancestors' writings, buildings in the background of the family photos, and past drawings and then to relate them with architectural form at present. Taxonomy is a starting point: general name of the building by outside researcher is quite different from it by inside dwellers. 'Haengrang-chae', servant quarter, has never been used for servants. Function of the haengrang went outside thatched houses at the front village. Firsthand observation or simple analyses as results of several precedent research are reexamined and criticized through this study. The mansion has moaning when we synthesize with the site location based on farming land and tenant farmer, and decline of the Kyongpo Lake. Territoriality of the mansion is reinterpreted to 'In-Out Structure' by Yin-Yang thinking, Dwellers extend buildings gradually to outside village, surrounding rear hills, the lake, DongHae Sea, and finally goes to imaginative Taoist heaven beyond real nature through the literary life. Confucius principle, known to govern upper class house at Yi Dynasty also affect general composition of the buildings: perpetuation of the family by ancestor worship, elder dominance and male dominance, fraternity love in the extended family, charity display by reception of guests, Taoist scholarly life harmonized with nature. However, the study of the particular life and usage of the dwellers reinforces or corrects general supposition of precedent researches. Unique shape of the house has been formed by convenience of the dwellers' life style, early modernized free thought over the rigid Confucius design principle, and female power in male dominant society.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.71-100
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• 2007

To promote the way of resolving the increasing disputes regarding international intellectual property by arbitration, we should overcome uncertainty thwarting the dispute resolution; i.e., whether a dispute regarding intellectual property would be an arbitrable subject, whether the arbitration agreement would be valid and enforceable, and whether the arbitral award could be recognized and enforced in a foreign country. This article is intended to seek how to promote and facilitate the resolution of international disputes regarding intellectual property by arbitration. This article in Chapter II will examine the characteristics of the IP disputes first. Chapter III of this article will study arbitrability of IP disputes. Then, Chapter IV will discuss the requirements, validity, and effectiveness of arbitration agreement of international IP disputes. The author will discuss the procedure of arbitration of the international IP disputes in Chapter V, and finally the recognition and enforcement of foreign arbitral awards thereon in Chapter VI. Due to the so called 'territoriality principle' in intellectual property, the international disputes thereof confront numerous procedural setback, e.g., jurisdiction, conflict of laws, the recognition and enforcement of foreign judgments or awards. To overcome such setbacks, I propose resolution of international IP disputes by one-step arbitration procedure through widely recognizing the arbitrability of IP disputes, and utilizing unnational nature of arbitration. In addition, I propose to set up the principles as to arbitration of the international IP disputes as the American Law Institute has formulated the principles for International Intellectual Property Litigations. By setting up these principles, I am certain it will be helpful to just and prompt resolution of international IP disputes which occur more frequently these days.

• Korean Security Journal
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• no.29
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• pp.223-249
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• 2011

In modern society, citizens' quality of life aspects of safety and crime prevention activities are actively considering the incidence of crime prevention in advance. It also can be quite important elicit the interest of who community members through effective crime prevention strategies. For crime prevention policies and techniques over time as more scientific and advanced methods are made. Today, A typical crime prevention strategies is private security zones and Crime Prevention Through Environmental Design (CPTED) is a corresponding to the new strategy. CPTED is a diversification can be called a crime prevention approach that emphasizes the principle of natural surveillance, access control, territoriality, activity support, maintenance and management. The defensible space of the space area related to crime prevention setting the activities of private security and CPTED determine. Also, the reality of crime prevention and protection should be considered space. The emphasis on proactive prevention of crime in modern society for the prevention of crime how to approach differing perspectives and disparate aspects of private security and CPTED. Technical and professional areas that overlap to some extent in a homogeneous aspect. Ultimately, CPTED is a crime prevention through space and environmental approach for crime. In addition, Ultimate goal of convergence, crime prevention, with the same or higher is required to study for the area after looking for the characteristics and limitations of private security and CPTED.