• Journal of Arbitration Studies
• /
• v.13 no.2
• /
• pp.519-546
• /
• 2004

On June 27, 2002 Canadian Internet Registration Authority (CIRA) launched dot-ca domain name dispute resolution service through BCICAC and Resolution Canada, Inc. The Domain name Dispute Resolution Policy (CDRP) of CIRA is basically modelled after Uniform Domain Name Dispute Resolution Policy(UDRP), while the substance of CDRP is slightly modified to meet the need of Canadian domain name regime and its legal system. Firstly, this article examined CIRA's domain name dispute resolution policy in general. It is obvious that the domain name dispute resolution proceeding is non-binding arbitration to which arbitration law does not apply. However it still belongs to the arbitration and far from the usual mediation process. Domain name arbitrators render decision rather than assist disputing parties themselves reach to agreement. In this respect the domain name arbitration is similar to arbitration or litigation rather than mediation. Secondly it explored how the panels applied the substantive standards in domain name arbitration. There is some criticism that panelists interprets the test of "confusingly similar" in conflicting manner. As a result critics assert that courts' judicial review is necessary to reduce the conflicting interpretation on the test of substantive standards stipulated in paragraph 3 of CDRP. Finally, it analysed the court's position on domain name arbitral award. Canadian courts do not seem to establish a explicit standard for judicial review over it yet. However, in Black v. Molson case Ontario Superior Court applied the UDRP rules in examining the WIPO panel's decision, while US courts often apply domestic patent law and ACPA(Anticyber -squatting Consumer's Protection Act) to review domain name arbitration decision rather than UDRP rules. In conclusion this article suggests that courts should restrict their judicial review on domain name administrative panel's decision at best. This will lead to facilitating the use of ADR in domain name dispute resolution and reducing the burden of courts' dockets.

• Journal of Arbitration Studies
• /
• v.7 no.1
• /
• pp.33-54
• /
• 1997

• Korean Journal of Clinical Pharmacy
• /
• v.25 no.1
• /
• pp.1-8
• /
• 2015

A newly-structured Korean pharmacist license exam has been launched in 2015, reflecting upon the changes in the pharmacy curriculum from a 4 year program to a 6 year program in 2009. In order to provide new ideas to ensure that the new exam is one of the most effective pharmacist evaluations that have taken place thus far, this study was done to compare the pharmacy exams in Korea and Canada. One of the major differences noted between the two countries' exams is that along with paper based MCQ portion of the exam, Canada's exam also includes a performance-based section, known as OSCE, which the Korean Pharmacy Exam (KPE) does not have. Furthermore, with the MCQ portion of the exam, the Canadian exam asks about 300 questions, with 450 minutes of test time allocated and taken during a period of two consecutive days, the KPE asks 350 questions, with 325 minutes of test time allocated in one day. Although, similarly, many of the questions in both exams place emphasis on clinical or patient care, Canada's exam puts significantly more emphasis (50.5% of exam questions) on these types of questions than Korea (29.7% of exam questions). However, this percentage does not reflect the exact weight placed for the specific areas of knowledge it requires to answer these questions, since the types of questions asked in this section in Canada could be placed in another section on the KPE. Canada's exam also has more questions (10% +150 questions for BC) on the topics of law and ethics compared to the KPE (5.7%). The reason for this may be that the Canadian society puts emphasis on the legal and ethical duties of pharmacists as a leader. However, since each country is unique in their social, economical, and cultural points of view, comparing the KPE to the Canadian licensing exam and applying these differences to the new KPE may not be appropriate. One last thing to consider is that, as WHO/FIP mentioned, in good pharmacy practice, continually updating and developing an appropriate pharmacy exam with consideration of societal changes, is key to success in developing the scope of practice for current and future pharmacists.

• Journal of Food Hygiene and Safety
• /
• v.14 no.1
• /
• pp.104-114
• /
• 1999

This study was conducted to find out the proper ways of implementation of Hazard Analysis Critical Control Point (HACCP) concepts applicable to the current Korean food inspection system. The following recommendations are based on an in-depth review of the Canadian Food Safety Enhancement Program (FSEP), which is one of the leading HACCP programs adapted to the food industry. Since 1997, the HACCP system has been voluntarily applied to meat processing plants in Korea in accordance with the Food Protection Law. But the guidelines are obscure and inadequate to expand to the diversity of food plants, and are therefore only applied to a limited number of plants of small scale enterprise. For these reasons, it is necessary to prepare an enhanced food safety control program focused not only on the HACCP plants but also on the non-HACCP plants. The national program should be the fundamental framework of a food safety control policy enforced by all the relevant authorities. The Prerequiste Program of Canadian Food Inspection Agency and Sanitation Standard Operating Procedures (SSOP) of FSIS are good example programs for the non-HACCP plants. These programs, which are a major part of the HACCP system, could easily be adapted to the Korean food industry. To improve the current HACCP implementation guideline, it is necessary to develop a detailed implementation manual, generic HACCP model, training program, and an audit program.

• International Commerce and Information Review
• /
• v.8 no.4
• /
• pp.147-156
• /
• 2006

In all cargo cases one of the first things the person handling the claim must do is decide who is potentially liable as a carrier of the goods. This issue arises because bills of lading often do not identify the carrier. The "carrier" could be the shipowner or the charterer or both. The issue of the identity of the "carrier" is a question of fact. The question to ask in each case is who undertook or agreed to carry and deliver the goods. The answer to this question will largely depend on the facts. The shipowner is almost always liable as a carrier under Common law provided there is no demise charter of the ship. The more recent case law, however, suggests that in the usual situation both the charterer and shipowner will be liable. Accordingly, both the owner and charterer should be put on notice of any claim and, in the event an extension of suit time is required, the extension should be obtained from both. An alternative method by which the charterer can avoid liability is to insert and 'Identity of Carrier' clause in the bill of lading.

• Journal of Korean Society of Forest Science
• /
• v.89 no.1
• /
• pp.1-8
• /
• 2000

This paper investigates the empirical validity of market integration for the five softwood lumber markets in Canada : Atlantic, Quebec, Ontario, Prairie, and British Columbia (BC). The Augmented Dickey-Fuller (ADF) tests of monthly price series for the period 1987 : 10-1998 : 11 reveal strong evidence for the presence of a unit root in each series. Accordingly, the Johansen cointegration technique is used to test for the law of one price in the five regional markets. Results show that the law holds in the pair, three, four, and five markets, supporting the hypothesis of market integration.

• Strategy21
• /
• s.43
• /
• pp.29-55
• /
• 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.

• 한국항공우주법학회:학술대회논문집
• /
• 2008.05a
• /
• pp.273-294
• /
• 2008

Korea now has a rapidly expanding space programme with exploration aspirations. The government is giving priority to the aerospace industry and, to put it on a better footing, enacted an Aerospace Industry Development Promotion Act in 1987, a Space Development Promotion Act in 2005 and a New Space Compensation for Damage Act in 2007. I would like to describe briefly the legislative history, main contents and comment for these three space acts including especially launch licensing, registration of space objects, use of satellite information, astronaut rescue, liability for compensation, third party liability insurance and establishment of committee and plans to assist the Korean space effort. Furthermore author proposed to legislate a draft for the establishment of a new Korean National Space Development Agency (KNSDA: tentative title) to create a similar body to Japan Aerospace Exploration Agency (JAXA), British National Space Centre (BNSC) of UK, French Centre National d'Etudes Spatiales (CNES), German Aerospace Center (DLR), Swedish Space Corporation, China Aerospace Science and Industry Corporation, Indian Space Research Organization (ISRO) as well as the Korean Space Agency (KSA: Tentative title) to create a similar body to Canadian Space Agency, European Space Agency, Russian Space Agency, Italian Space Agency, Israel Space Agency, Indian Department of Space, National Aeronautics and Space Administration (NASA) of USA, China National Space Administration in order to develope efficiently space industry. A call is made for Asian countries to unite and further their space development through a regional space agency.

• Journal of The Korea Institute of Healthcare Architecture
• /
• v.26 no.2
• /
• pp.31-38
• /
• 2020

Purpose: The ramp is an important facility for the barrier free access and vertical circulation of users of various buildings, including users of walker, wheelchair users, stroller users, and baggage carriers. The installation standards for ramps in Korea have various problems during construction and BF certification. It is necessary to improve the criteria for ensuring practical mobility and safety. Method: Korean standard, International Standard(ISO 21542, 2011), German Standard(DIN 18040-1, 2010), Austrian Standard(OENORM B 1600, 2017), Swiss Standard(Norm SIA 500, 2009), Canadian Standard(Building Standards Guide, 2017), American Standard(ADA Standards, 2010) were investigated and analyzed. A comprehensive improvement of the ramp installation standards is proposed. Results: The ramp is a necessary facility for the barrier free access and vertical circulation of the disabled. It shall be installed with comprehensive consideration of the appropriate slope of the ramp, the distance of the continuous slope, the handle and upstand for pedestrian safety. In order to improve convenience, setting the proper slope and limiting the length of the slope are very important, and improvements are required to the levels presented by international and foreign standards. The unclear standards of Korean law and BF certification standards should be clearly improved so as not to be misinterpreted in construction and Barrier Free Certification. Implication: International and foreign standards should be reviewed to ensure practical mobility and safety. And comprehensive improvement measures should be presented through continuous research.

• Journal of Mechanical Science and Technology
• /
• v.20 no.7
• /
• pp.1030-1042
• /
• 2006

An experimental study has been performed to investigate the off-take phenomena at the header-feeder systems (horizontal header pipe with multiple feeder branch pipes) in a CANDU (CANadian Deuterium Uranium) reactor with the branch orientation varies ${\pm}36^{\circ}\;or\;{\pm}72^{\circ}$. In order to evaluate the applicability of the conventional correlations used in the safety analysis code, RELAP5-Mod3, the test facility is designed with the 1/2 scale of the. CANDU 6. It was found that the data set for the top, bottom and side branches are in a good agreement with the correlations used. However, for the specific angled branches, ${\pm}36^{\circ}\;and\;{\pm}72^{\circ}$, the onsets of off-take data and quality data showed large deviation with the conventional model inside RELAP5-MOD3. Furthermore, based on the uncertainty analysis, the conventional 2.5 power law needs to be modified. The present experimental data set can be useful for the construction of the general correlation considering the arbitrary branch orientation.