• Title/Summary/Keyword: the 2017 Regime

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A Study on the Legal Issues relating to Navigation through Arctic Passage (국제법상 북극항로에서의 통항제도에 관한 연구)

  • Moon, Kyu-Eun
    • Strategy21
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    • s.43
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    • pp.29-55
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    • 2018
  • Arctic sea ice has been retreating as a result of the global warming. Arctic sea ice extent for April 2018 averaged 13.71 million square kilometers. This figure shows far less sea ice compared to the average extent from 1981 to 2010. Meanwhile, 287 times of maritime transits through the Northwest Passage have been made during the 2017 and the first ship traversed the Northern Sea Route without the assistant of ice-breaker in August 2017. Commercialization of the Arctic Passage means significant economic and strategic advantages by shortening the distance. In this article, 'Arctic Passage' means Northern Sea Route along the Arctic coast of Russia and Northwest Passage crossing Canadian Arctic Ocean. As climate changes, the potential feasibility of the Arctic Passage has been drawing international attention. Since navigation in this area remains hazardous in some aspects, IMO adopted Polar Code to promote safe, secure and sustainable shipping through the Arctic Passage. Futhermore, Russia and Canada regulate foreign vessels over the maritime zones with the authority to unilaterally exercise jurisdiction pursuant to the Article 234 of UNCLOS. The dispute over the navigation regime of the arctic passage materialized with Russia proclaimed Dmitrii Laptev and Sannikov Straits as historically belong to U.S.S.R. in the mid 1960s and Canada declared that the waters of the passage are historic internal waters in 1973 for the first time. So as to support their claims, In 1985, Russia and Canada established straight baseline including Northern Sea Route and Northwest Passage. The United States has consistently protested that the Northern Sea Route and Northwest Passage are straits used for international navigation which are subject to the regime of transit passage. Firstly, it seems that Russia and Canada do not meet the basic requirements for acquiring a historic title. Secondly, since the Law of the Sea had adopted before the establishment of straight baseline over the Russian Arctic Archipelago and the Canadian Arctic Archipelago, Ships can exercise at least the right of innocent passage. Lastly, Northern Sea Route and Northwest Passage have fulfilled the both geographical and functional criteria pertaining to the strait used for international navigation under the international law. Especially, should the arctic passage become commercially viable, it can be expected to accumulate the functional criterion. Russia and Canada regulate the ships navigate in their maritime zones by adopting the higher degree of an environmental standard than generally accepted international rules and standard mainly under the Article 234 of UNCLOS. However, the Article 234 must be interpreted restrictively as this contains constraint on the freedom of navigation. Thus, it is reasonable to consider that the Article 234 is limited only to the EEZ of coastal states. Therefore, ships navigating in the Arctic Passage with the legal status of the territorial sea and the international straits under the law of the sea have the right of innocent passage and transit passage as usual.

Assessment of Legal Instruments and Applicability to the Use of Electronic Bills of Lading

  • Lee, Un-Ho
    • Journal of Korea Trade
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    • v.24 no.2
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    • pp.31-52
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    • 2020
  • Purpose - This study mainly investigates two potential legal regimes expected to govern the use of electronic bills of lading: the Rotterdam Rules (2009) and the UNCITRAL Model Law on Electronic Transferable Records (2017). Widespread use of electronic bills of lading has been unsuccessful partly due to the absence of a uniform legal regime and protracted uncertainties. This paper aims to carry out an assessment of the possibilities where either of two potential legal regimes could provide certainty to the effect and validity of the use of electronic bills of lading, and contribute to the facilitation of electronically transferring the rights to goods carried by sea. Design/methodology - This paper first introduces two legal instruments and the relevance to electronic bills of lading. Since neither of these legal instruments has yet entered into force, the following section looks into the ratification or enactment possibilities based on a literature review and track records of the past legal regimes of the same kind. Assessment of the different adoption possibilities further requires comparative work of the two legal instruments, which will be based on an analysis of relevant provisions and a literature review. The literature review on the Rotterdam Rules delves into various studies and data produced since the UNCITRAL's adoption in 2009. The literature review on the UNCITRAL Model Law on Electronic Transferable Records heavily relies on UNCITRAL working group documents from 2011 to 2017 together with the final explanatory note. Findings - The main findings can be summarized as follows. Application of the Rotterdam Rules would negate the role of the UNCITRAL Model Law on Electronic Transferable Records assisting in the implementation of the Rotterdam Rules due to some conflicting issues. Enactment of the UNCITRAL Model Law alone can sufficiently provide a higher level of certainty in the use and effect of electronic bills of lading so long as lawmakers and parties are aware of some issues with the application. What concerns potential users most is the extension of the status quo, where neither of the legal instruments have any effect. It is necessary to take a number of alternatives into consideration, such as promotion of standard clauses and confirmation by a court ruling. Originality/value - Existing studies focus either on the Rotterdam Rules or on the UNCITRAL Model Law, but not both. Not many papers have yet dealt with the Model Law, which was adopted by UNCITRAL only 2 years ago, particularly in the context of a potential legal regime for electronic bills of lading. This paper attempts to introduce the differences between the two legal instruments in regulating the use of electronic bills of lading while providing an assessment of the various possibilities for which parties involved in international trade can be better prepared for the changing legal environment.

Design Strategies to Enhance Resilience of Ecosystem Services in Urban Wetland - Using System Thinking - (생태계서비스 회복력 향상을 위한 도시 습지 설계 전략 - 시스템 사고를 활용하여 -)

  • You, Soo-jin;Ham, Eun-Kyung;Lee, Jung-a;Cho, Dong-Gil;Chon, Jin-hyung
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.20 no.4
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    • pp.43-61
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    • 2017
  • The wetlands are facing environmental changes such as desiccation that occurs with the passage of time and reduced ecosystem services from wetlands in the city. In order to maintain the ecosystem services provided by wetlands in urban areas, a system thinking about the trade-off phenomenon of ecosystem services occurring as the wetlands undergo environmental changes is needed. Therefore, the purpose of this study is to develop strategies for wetland design using system thinking approach to enhance the resilience of ecosystem services degraded by the desiccation of wetlands and other disturbances. The objectives of this study include the system boundary and variables. Second, analyzing the dynamics of wetland design strategy. Third, it analyzes the trade-off phenomenon of ecosystem services in terms of the hydrology, hydric soil, and plants strategies to mitigate these effects. Fourth, wetland basic design to improve the resilience of ecosystem services. A wetland in Abuk-Mountain Neighborhood Park, Miryang-si, Gyeongsangnam-do, has been selected as a case study. Causal loop diagrams(CLDs) are used to analyze feedback in the wetland regime. In summary, hydrology, hydric soil, and plants is suggested as system boundaries to design plan. Design strategies for the wetland focused on robustness, redundancy, rapidity, and resourcefulness as a result of CLD analysis are first proposed in order to effectively maintain the wetland regime over the long term. Secondly, in a section related to hydrology, the CLD results show the trade-offs between provisioning-cultural services and regulating services. In order to control these services, a "water cycling system" has been implemented due to its strength in terms of robustness. The CLDs for hydric soil showed the trade-offs between regulating services and supporting services. An "installation of storm drainage for maintaining water levels" was selected due to the strength offered in terms of redundancy and rapidity. The CLDs for plants showed the trade-offs between provisioning - cultural services and regulating services. In order to control the strategic points, the "planting of indigenous vegetation" was suggested given the strength in terms of redundancy. In this study, a wetland design method is proposed that can improve the resilience of wetland ecosystem services by analyzing the dynamics overtime. The results of this research can theoretically be applied to help restore ecosystem services in wetlands using ecological landscape design. In addition, this study will contribute to reducing maintenance costs by improving wetland resilience.

A Study on the Sudeok Choi-Ja's Study Viewpoint (수덕(樹德) 최자(崔滋)의 학문관)

  • Jeong, Seong-sik
    • (The)Study of the Eastern Classic
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    • no.67
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    • pp.237-258
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    • 2017
  • This study aims is consider the life and study viewpoint of Choi-Ja who lived in during the Musin regime of Koryo Dynasty. During this period, knowledge of the Confucian scriptures gradually generalized among scholars and writers. Therefore, it was possible to create an atmosphere that criticized sajanghak(詞章學). Choi-Ja regrets that people' reading style is not correct at the time. People are only trying to learn to participate in social exams and learn to read and write articles related to the Civil servant examination. Nevertheless, if he passed the Civil servant examination he criticized the government for failing to study harder, even though he had to work harder. Choi-Ja lamented that the intellectuals basically did not read about the Kyeongsabaekka(經史百家) and on the outward appearance. His scholarly attitude implies that he can be recognized as a genuine learningexperience when he forms the moral character of his inner self rather than his outward form. Choi-Ja' emphasis on six Confucian writings indicates that his virtues ere based on the Confucian spirit of Confucius. He pointed out the abuses of intellectuals at the time of his poems to build poems based on these Confucian traditions. He emphasized that the government ought to reflect on the Confucian scriptures and histories of the Confucian scriptures and reflect the politics of the people and improve the mood of the people.

The Adaptation Status of North Korean Defectors to South Korean Society and Its Effect on their Problem Solving Ability (북한이탈주민의 적응실태 및 방안)

  • Chae, Kyung-Hee
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.10
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    • pp.524-530
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    • 2017
  • Unlike in the past, North Korean defectors are not merely satisfied at escaping the regime; they now consider their escape as a form of immigration to pursue a better life. This study examines the adaptation status of North Korean defectors and suggests a plan to cope with the associated challenges accordingly. The current status of North Korean defectors is analyzed based on a literature review and the latest data on their current status, along with their actual adaptation progress to South Korean society and other factors related to the difficulty in their social adjustment. The number of North Korean defectors has increased rapidly since 2000, but the number started to fall in the wake of the inauguration in 2012 of the Kim Jong Eun regime. In addition, North Korean defectors arriving after 1999 are significantly less educated and from lower levels in terms of their occupation and livelihood than those who arrived before. The factors related to North Korean defectors' maladjustment to South Korean society include: difficulties in performing economic activities, differences in the political and economic systems, and cultures, of the two Koreas, and other difficulties stemming from family relations. If the difficulties North Korean defectors experience in adapting to South Korean society are resolved with the support of North Korean defectors and facilities of South Korean society, North Korean defectors will be able to settle down successfully. It is also important for North Korean defectors to strive to adapt to South Korean society by sharing their emotion with the members of society. Therefore, in order for North Korean defectors to adapt smoothly to South Korean society, it is necessary to plan some concrete ways that would reduce social and financial burdens nationwide.

Cross-border Interaction and Cross-border City's Development in North Korea-China Borderland: A Case study of Dandong, Liaoning, China (월경적 상호작용과 북중 접경도시의 발전: 중국 랴오닝성 단둥시를 중심으로)

  • Joh, Young-Kug
    • Journal of the Economic Geographical Society of Korea
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    • v.20 no.3
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    • pp.307-330
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    • 2017
  • This paper attempts to elaborate on features of cross-border interaction conducted on Dan-dong, the main city of China-North Korea trade. Through the deep interview with some trader or firms and also questionnaire survey, this paper can reveal the supremacy of informal or non-market mechanism in the cross-border trade and inter-firm linkages, and also trader and firm's rent-seeking behaviour. These features show the uniqueness of border regime between China and North Korea. Even though it is getting more porous than before, I argue that China keeps the stance toward quite controlled borderland. As the proof of this argument, I show that main tenet of China's bordland policies is the borderland stability rather than the development. The striking one is the 'Prosperous Borders, Wealthy Minorities Program(??富民行???)'. In spite of the program's title, its utmost purpose is to secure the 'borderland stability and territorial integrity' rather than to enhance the border's openness and borderland's development.

Study on the Change of Electrical Properties of two-dimensional SnSe2 Material via Cl doping under a High Temperature Condition (이차원 SnSe2 전자소재의 Cl 도핑에 따른 고온 전도 물성 고찰)

  • Moon, Seung Pil;Kim, Sung Wng;Sohn, Hiesang;Kim, Tae Wan;Lee, Kyu Hyoung;Lee, Kimoon
    • Journal of the Microelectronics and Packaging Society
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    • v.24 no.2
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    • pp.49-53
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    • 2017
  • We study on the change of electrical properties of two-dimensional (2D) $SnSe_2$ materials with respect to Cl doping as $SnSe_{1.994}Cl_{0.006}$ under a high temperature condition. (300~450 K) By the simple solid-state reaction method, non-and Cl-doped 2D $SnSe_2$ materials are successfully synthesized with negligible impurities as confirmed by X-ray diffraction. From the temperature dependence of resistivity, it is observed that the conduction mechanism is changed from hopping to degenerate conduction with Cl doping. By Hall effect measurement, an increase on electron carrier concentration from ${\sim}7{\times}10^{16}$ to ${\sim}3{\times}10^{18}cm^{-3}$ with Cl doping verifies that Cl is an effective electron donor which results in the encouraged carrier concentration. Detailed analysis for temperature dependent Hall mobility reveals that the electrical transports in high temperature regime are governed by the grain boundary-controlled mechanism for non-doped $SnSe_2$, which is effectively suppressed by Cl-doping as entering metallic transport regime.

Direct Simulation of the Magnetic Interaction of Elliptic Janus Particles Suspended in a Viscous Fluid (점성유체에 분산된 타원형 야누스 입자의 자성 상호작용에 관한 직접수치해석)

  • Kim, Hei Eun;Kang, Tae Gon
    • Transactions of the Korean Society of Mechanical Engineers B
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    • v.41 no.7
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    • pp.455-462
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    • 2017
  • The magnetic interaction between elliptic Janus magnetic particles are investigated using a direct simulation method. Each particle is a one-to-one mixture of paramagnetic and nonmagnetic materials. The fluid is assumed to be incompressible Newtonian and nonmagnetic. A uniform magnetic field is applied externally in a horizontal direction. A finite-element-based fictitious domain method is employed to solve the magnetic particulate flow in the creeping flow regime. In the magnetic problem, the magnetic field in the entire domain, including the particles and the fluid, is obtained by solving the governing equation for the magnetic potential. Then, the magnetic forces acting on the particles are calculated via a Maxwell stress tensor formulation. In a single particle problem, it is found that the orientation angle at equilibrium is affected by the aspect ratio of the particle. As for the two-particle interaction, the dynamics and the final conformation of the particles are significantly influenced by the aspect ratio, the orientation, and the spatial positions of the particles. For the given positions of the particles, the fluid flow is also influenced by the orientation of each particle. The self-assembly structure of the particles is not a fixed one, but it varies with the above-mentioned factors.

A Study on the Application of International Law through Disputes Settlement in Northeast Asia Fishing Ground (동북아 어장에서의 어업분쟁 해결 사례를 통한 국제법 적용 방안)

  • Lee, Woo-Do;Kim, Nam-Soo;Lee, Jin-Soo
    • The Journal of Fisheries Business Administration
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    • v.48 no.3
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    • pp.15-32
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    • 2017
  • This article's aim is to review the jurisprudence which has emerged pursuant to the international dispute settlement provisions and to provide a provisional expectation as to the future of international dispute settlement under "UNCLOS". Globally, marine fisheries play an important role in ocean biodiversity and the food security of millions of people, providing a vital source of high-quality dietary protein and supporting individuals' livelihoods and income. In the 1982 Convention, the establishment of co-operative mechanisms for effective monitoring, control, surveillance and enforcement, decision-making procedures facilitating the adoption of such measures of conservation and management, and the promotion of the peaceful settlement of disputes are called for. In this study, 'Northeast Asian Sea' means that the Yellow/East China Sea, the East Sea, the Ohotsk Sea, the Kamchaka Sea, the Alaska Sea, and the Bering Sea surrounded by Korea, China, Japan, Russia, U.S.A. and Canada including their EEZs. There are several bilateral fisheries agreements existing in Northeast Asian area, the Fisheries Agreement between Republic Korea and Japan, between Republic of Korea and China, between China and Japan, between Republic Korea and U.S.A., between Republic Korea and Russia, between Russia and Japan, And there are several regional fisheries organizations existing in Northeast Asian area, for example NPAFC(Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean), CBSPC (Convention on the Central Bering Sea Pollack Conservation), PICES(North Pacific Marine Science Organization), NPFC(North Pacific Fishery Commi-ssion) etc. It analyzed the proliferation of bilateral treaties and multilateral treaties due to the adoption of the EEZ in Northeast Asia reviewed the strengthening of management rights on the high seas marine living resources and marine environment preservation of regional fisheries organizations. In view of the changes in the international fisheries mechanism this paper suggested the future direction of the country in overseas fisheries. We concluded as follows. We shall apply bilateral treaties first, regional fisheries organizations' treaties secondly, and provisions under "UNCLOS" for dispute settlement last.

Aerodynamic control capability of a wing-flap in hypersonic, rarefied regime: Part II

  • Zuppardi, Gennaro;Vangone, Daniele
    • Advances in aircraft and spacecraft science
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    • v.4 no.5
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    • pp.503-514
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    • 2017
  • The attitude control of an aircraft is usually fulfilled by means of thrusters at high altitudes. Therefore, the possibility of using also aerodynamic surfaces would produce the advantage of reducing the amount of fuel for the thrusters to be loaded on board. For this purpose, Zuppardi already considered some aerodynamic problems linked to the use of a wing flap in a previous paper. A NACA 0010 airfoil with a trailing edge flap of 35% of the chord, in the range of angle of attack 0-40 deg and flap deflections up to 30 deg was investigated. Computer tests were carried out in hypersonic, rarefied flow by a direct simulation Monte Carlo code at the altitudes of 65 and 85 km of Earth Atmosphere. The present work continues this subject, considering the same airfoil and free stream conditions but two flap extensions of 45% and 25% of the chord and two flap deflections of 15 and 30 deg. The main purpose is to compare the influence of the flap dimension with that of the flap deflection. The present analysis is carried out in terms of: 1) percentage variation of the global aerodynamic coefficients with respect to the no-flap configuration, 2) increment of pressure and heat flux on the airfoil lower surface due to the Shock Wave-Shock Wave Interaction (SWSWI) with respect to the same quantities with no SWSWI or in no-flap configuration, 3) flap hinge moment. Issues 2) and 3) are important for the design of the mechanical and thermal protection system and of the flap actuator, respectively. Under the above mentioned test and geometrical conditions, the flap deflection is aerodynamically more effective than the flap extension, because it involves higher variation of the aerodynamic coefficients. However, tests verify that a smaller deflection angle involves the advantage of a smaller increment of pressure and heat flux on the airfoil lower surface, due to SWSWI, as well as a smaller hinge moment.