• Title/Summary/Keyword: territoriality

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The meaning of the place of arbitration on the international commercial arbitration (국제상사중재에 있어서 중재지의 의미)

  • O, Seog-Ung
    • 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.

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A Study on Cause-and-Effect Analysis between the Environmental Factors of Residential Area at the University Dormitory and the User Satisfaction (대학 기숙사 주거기능영역의 환경인자와 사용자 만족도의 인과분석 연구)

  • Park, Hang-Ja;No, Young-Ran;Park, Sung-Jin
    • Korean Institute of Interior Design Journal
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    • v.17 no.5
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    • pp.141-149
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    • 2008
  • This study aims to understand functional spaces within university dormitory, examine the influences of residential environment factors and personal characteristics on users' satisfaction through what parameters and probability among these parameters and seek improvement methods for dormitory users to live at dormitory as the best residential space through causal analysis of residential space uses at university dormitory based on such a probability. Research methods include theoretical research of architectural space characteristics of university dormitory facilities through literature survey, analysis of satisfaction with spaces and their uses through questionnaire and causal analysis of each residential environment factor after making route model using data obtained from the results of analysis. The results of this study are as follows. Factors affecting residents' satisfaction with cultural activities of residential environment factors are safety, territoriality, interior finishing and complexity and those affecting residents' educational activities are safety and amenity of space. Residential function space of university dormitory must have spatial planning that social activities including individual and small group culture and educational activities from the view of spatial territoriality and flexibility based on safety and amenity and facilities related to continuity and connection of common space and unit residential space should be decentralized rather than centralized.

The MFN Principle at Peril in Investment Treaties - with Particular References to Ansung Housing and Beijing Urban Construction

  • Chung, Chan-Mo
    • 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.

Improvements of the Public Pedestrian Passage in the Apartment Complex from Crime Prevention Through Environmental Design Aspect (범죄예방 환경설계 관점에서 공동주택 단지 내 공공보행통로의 개선방안 연구)

  • Lee, Seung-Ji
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.6
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    • pp.135-142
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    • 2018
  • A public pedestrian passage induces traffic into the apartment complex, and therefore, it requires the application of Crime Prevention Through Environmental Design(CPTED). This paper aims to analyze the conditions and to suggest the improvements of public pedestrian passages in apartment complexes, applying a 3-D approach from CPTED aspect. The first aspect is "Designation": 1)The linkage between the public pedestrian passages is weak, and their designated purpose becomes unclear. 2)When the designated purpose is not considered for each complex, the closure rate is high. 3)The closure rate of the "Through type" is high. It suggests that the pedestrian network should be built and vitalized at the local urban level. The second aspect is "Definition." The public pedestrian passage lacks a social, cultural, and legal definition and only has a passive physical definition. It suggests that a legal definition and specialized guildline be prepared. The third aspect is "Design": 1)Insufficient territoriality exists between the public pedestrian passage and the inside of the complex. Territoriality should be reinforced between the public pedestrian passage and the rest of the internal territory. 2)The landscaping adjacent to the public pedestrian passage lacks deliberation. Since this is where safety and privacy collide, detailed design and maintenance of the landscaping is required. 3)It lacks systematical crime prevention facilities and should compensate accordingly.

New Regional Geography in Korea : (2) Trends and Issues of Regional Research in Major Subfields (한국의 신지역지리학 : (2) 지리학 분야별 지역 연구 동향과 과제)

  • Choi, Byung-Doo
    • Journal of the Korean association of regional geographers
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    • v.22 no.1
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    • pp.1-24
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    • 2016
  • This paper is to consider trends and issues of regional research in major sub-fields of human geography in Korea, following the previous one which dealt with contexts and general trends of new regional geography in Korea since the 2000s. They include historical and cultural geography on place and landscape, economic geography on industrial districts or agglomerated regions (i.e. clusters) and urban (and social) geography on urban networks and differentiation. Even though researchers in sub-fields have used different terms and concepts to identify region, they are in common to relate specificities of region to general processes such as (de)modernization, (de)industrialization, and globalization, to understand region as social and discursive constitution as well as substantive reality, and to give more attention to socio-spatial networks and relationality than territoriality of regions. These common points seem to reflect the emerging trend of new regional geography, and to get rid of existing traditional concept of region. It is suggested that major tasks for conceptualization of region in future research are to overcome dichotomy of speciality and generality, of substantive reality and discursive constitution, and of territoriality and relationality, and that important issues for empirical research on region include regional synthesis from new perspectives, uneven regional development as relational process in and between regions, and producing practice for alternative regions.

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A Case Study on Spatial Characteristics in Collectivehouse for the Activation of the Community - Focused on Common Space - (커뮤니티 활성화를 위한 컬렉티브하우스 공간특성 사례연구 - 공동생활공간을 중심으로 -)

  • Lee, Ha-Yeon;Moon, Jeong-Min
    • Korean Institute of Interior Design Journal
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    • v.25 no.1
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    • pp.3-12
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    • 2016
  • This study analyses characteristics of space to facilitate community centering on cases of collective houses in Japan and uses the results as basic data to activate collective houses as an alternative form of housing in our country. To identify the characteristics of space for active communities with collective living space, this study conducted a theoretical examination on collective houses and housing, derived territoriality, accessibility, comfort and safety as factors of community activation and analysed various cases, and the results are presented as follows: First, territoriality is a necessary condition for formation of community, and a confined and physical space. It indicates the proper size of a space and diverse spacial areas which meet the needs of residents with the proper size and amount of space (space which can accommodate diverse generations including women, the aged and the young, flexible space which changes according to the purposes and program, space which supports leisure and hobby activities, and space which can accommodate outsiders). Second, accessibility indicates an environment which supports residents' easy use of space. As the more accessible it is, the higher the frequency of its use, spatial factors (piloti, backyards, benches and tables) should be provided, community space should be arranged in a central or decentralized way and community living space should be made for each floor. As for exits, accessibility should be considered in every way; entrances connected with community spaces, open entrances and entrances accessible from outside or individual living spaces. Third, comfort satisfies the physical and mental needs of residents through separation of floors and flows between the community and individual spaces for privacy and formation of eco-friendly spaces including vegetable gardens, gardens and plant arrangements. Fourth, safety should be considered for a higher quality environment with psychological stability and comfort, for which the following are recommended: installation of hand-rails, removal of thresholds, spacial design for the socially weak, duplex and open type structures for community space, open stages and halls, as well as indoor and outdoor openness through the use of windows.

A Simulation Model for the Study of the Territorial Behavior of Subterranean Termites (흰개미 테리토리행동 연구를 위한 시뮬레이션 모델)

  • Jeon, Won-Ju;Lee, Sang-Hee
    • Journal of the Korea Society for Simulation
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    • v.21 no.2
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    • pp.1-9
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    • 2012
  • Subterranean termites forage by constructing tunnel networks in soil and encounter food resources during tunnel excavation. Some species of termites can travel up to 150 m underground. They often travel to the surface to find wood cellulose to feed their colony, which in turn causes extensive damage to wooden architecture, such as timber-frame houses. This type of damage has been constantly increasing along with global warming because higher temperatures provide an ecological niche for termites. The damage is closely related to termite territory size and distribution. Recently, as a way to research termite control, the necessity of a mathematical model to simulate termite territory formation in relation to damage has increased. So far, however, few studies have been conducted on the development of a model because it is difficult to quantify or characterize the relationship between territorial behavior and field conditions including complicated environmental factors. In the present study, we suggest a simulation model of the territoriality of the Formosan subterranean termites, Coptotermes formosanus (Shiraki), and Reticulitermes flavipes (Kollar), based on empirical data. The model consists of 2 procedures. One describes tunnel network growth for each colony, and the other represents territoriality based on tunnel-tunnel interactions between different colonies. Using the model, we show changes in territorial competition according to the termination probability of tunnel growth.

A Consideration on the Major Concepts of Rural Social Geography in Korea (한국 촌락사회지리학의 주요 개념 모색)

  • Jeon Jong-Han
    • Journal of the Korean Geographical Society
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    • v.40 no.3 s.108
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    • pp.353-368
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    • 2005
  • Social geography in Korea has been studied centering around urban social geography which has been developed mainly in English world, and then there have been a few concepts and theories that were tested in the rural social geography of Korean rural landscape. This article tried to grasp the conceptual basis of German social geography, and had views on the rural social geography in the relent English world. As a result, the author concluded that the rural landscape would be a representation of rurality, a component of local and national identity, and thought to be not only a physical reality but social, mental, cultural reality On the basis of this consideration, the author explored major concepts which would correspond with the universality and speciality of Korean rurality. They are as follows: 'lineage group' as a geographical socio-group, the 'regionalization' by social groups, and 'the territoriality of settlement' as a social space.

A Study on the Landscape Symbolism of Tongdo-palkyung and It's Narrative Structure (통도팔경(通度八景)의 경관상징성(景觀象徵性)과 서사구조(敍事構造))

  • Rho, Jae-Hyun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.1
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    • pp.27-37
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    • 2010
  • This study tries to illuminate the features and values of the Buddhist temple Palkyung by closely examining the forms, structures, and meanings of Tongdo-palkyung(通度八景) handed down at Tongdosa Temple, the best among Korea's Buddhist temples with its three treasures of Buddha, law of Buddha and Buddhist monks. The findings of this study can be summarized as the following. First of all, it reveals the meaning of the geographical name Yeongchuksan(靈鷲山), located to the west of Tongdosa, and a spectacular sight spread like an eagle's spread wings, as well as its location and spatial features. In particular, the arrangement features of a number of attached hermitages clearly show Yeongchuksan's world as being a temple with buddhist treasures. The multi-layered unfolding and centripetal intention of the scenery can be perceived through the shape of the Sshangryongnongju(雙龍弄珠形), around Tongdosa and the feature of the enclosed landscape encircling the steps of Hyeolcheo(穴處) Geumganggyedan. The substances and components of Tongdopalkyung include sound-based spectacles derived from Beoneumgu(梵音具) creating sounds related to religious rituals to enlighten and redeem mankind, such as Yeongji(影池: a holy pond with shadow reflections), drum sounds, and bell sounds along with physical features like pine trees, Dae(臺), waterfalls, Dongcheon (洞天), and a glow in the sky. On the other hand, Palkyung's geographical arrangements exhibit a circular spatial formation based on the main motif as Buddhist symbolism, beginning with the 'Gukjangsangseokpyo(國長生石標)' awakening the territoriality of Tongdosa and locating the first scene 'Mupunghansong(舞風寒松)' in its introductory area, with the features of water, bridge, pine grove, and Iljumun(gate) to stand for the influx. Six other scenes including 'Anyangdongdae(安養東臺)' are placed in the sacred precincts around Daeungjeon and Geumganggyedan while the glow of sunset at 'Danjoseong' just outside the domain closes the symbolic circular formation of the Tongdopalkyung, which coincides with the development of the Mandala figure symbolizing 'Gusanpalhae(九山八海)' centered in Sumisan(須彌山). What is more, Tongdopalkyung, while excluding primary scenic elements inside the temple, maximizes the domain of the mountain's entrance and the effects of the multi-layered mountain, mountain upon mountain, by intensifying the influx and centripetal qualities. The Tongdopalkyung analysis reveals the antithesis of four-coupled scenes conveying buddhist principles and thoughts on the basis of seasons, directions, space and time to display a narrative structural landscape when viewed from the temple's territoriality. Likewise, the characteristics and porch structures of Tongdopalkyung are tools and language of symbols to both externally strengthen the temple's territoriality and to internally, maximize the desires to the Land of Happiness as well as intensify religious wishes and the Mandala's multi-layered qualities through the meanings of time and space.

A Study on Influencing Factors and characteristics of Basic Forms of Pediatric Facilities - Focused on the cases in the U. S. A - (소아 의료시설의 형태결정 인자 및 기본형태 특성에 관한 연구 - 미국의 사례를 중심으로 -)

  • Son, Seung-Hwan;Lee, Sung-Won;Park, Jae-Seung
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.11 no.2
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    • pp.55-62
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    • 2005
  • This study is to suggest the proper standards of the pediatric facilities. We need to have the medical treatment standard focusing to the architectural concept because the living and medical treatment level and the demand of citizen is increasing. The way of research is mainly referring to USA's hospitals and the patients. This study is for the psychological stability of child. We found the form decisive elements and the basic form characteristic with analysing cases. This elements are emerging to the sociality, privacy, control, recognition and territoriality. We have to improve the satisfaction of the patient through this element. In the future, the role of the improved medical environment will have to be emphasized.

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