• Title/Summary/Keyword: International Bar Association

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Layering Effects on Clothing Microclimate, Clothing Insulation and Physiological Responses

  • Park, Joonhee;Yoo, Shinjung
    • International Journal of Human Ecology
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    • v.14 no.2
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    • pp.93-103
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    • 2013
  • This study investigated the relationship of clothing microclimate and physiological responses in order to examine the layering effects on the clothing microclimate as an index to predict clothing thermal insulation ($I_{cl}$). Experiments were conducted in a $15^{\circ}C$ environment on six physically active males. Increased clothing layers resulted in higher mean temperature inside the clothing ($\bar{T}_{cl}$) and $I_{cl}$. The $I_{cl}$ had a high correlation with: $\bar{T}_{cl}$ (r = 0.556), the difference between the innermost surface temperature and the outermost surface temperature at the chest (DST) (r = 0.549) and the temperature inside clothing at the abdomen (r = 0.478). $\bar{T}_{cl}$ had the highest correlation with the temperature inside clothing at the abdomen (r = 0.889). $\bar{T}_{cl}$ also had the highest correlation with $\bar{T}_{sk}$ (r = 0.860). The results showed that the relationship between $I_{cl}$ and $\bar{T}_{cl}$ was linear (p < .01). Thermal comfort had a negative correlation with $\bar{T}_{cl-thigh}$ (r=-0.411) and $\bar{T}_{cl}$ (r = -0.323) (p < .01.)

On Public Policy As bar to Enforcement of International Arbitral Awards. (국제중재판정의 집행을 거부하기 위한 사유로서의 공서)

  • 박영길
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.3-54
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    • 2002
  • When the ruling of Foreign Arbitral Awards contradicts the public policy of the enforcement state, it can be a ground for a refusal to enforce the ruling. New York Convention V section 2, UNCITRAL section 36, and Korean arbitration law section 36 confirm this principle. The final ruling of international arbitral awards should be respected according to the international convention or the principle of reciprocity, which cancel out the above principle: when the ruling contradicts the country's public policy, it can be refused to enforcement. Since the Helsinki General Convention, ILA have studied upon it and presented the final report and recommendation during the 2002 New Delhi General Convention. In it, firstly, the finality of awards rendered in the context of international commercial arbitration should be respected save in exceptional circumstances. Secondly, every state is recommended the “international public policy”, on which it can refuse to follow the ruling of international arbitral awards, and advised to respect it as far as possible.

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Taking of Evidence in International Arbitration Procedure - focusing on 2010 IBA Rules on the Taking of Evidence in International Arbitration (국제중재 절차내에서 증거조사 : 국제변호사협회(IBA)의 2010 증거규칙을 중심으로)

  • CHUNG, Hong-Sik
    • Journal of Arbitration Studies
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    • v.21 no.3
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    • pp.21-54
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    • 2011
  • International commercial arbitration has established itself as the primary dispute resolution mechanism for international business transactions. Certainly, there are commonly-accepted standards that have evolved to reflect an internationally-harmonized approach to issues relating to the taking of evidence. This is reflected in International Bar Association("IBA") Rules for Taking of Evidence in International Evidence("IBA Rules"). This IBA Rules were revised in 2010. Designed to assist parties in determining what procedures to use in their particular case, IBA Rules present some of the methods for conducting international arbitration proceedings. Parties and arbitral tribunals may adopt IBA Rules in whole or in part - at the time of drafting the arbitration clause in a contract or once an arbitration commences - or they may use them as guidelines. They supplement applicable national laws and institutional or ad hoc rules. The IBA Rules were an ambitious undertaking, designed to overcome fundamental cultural differences relating to the taking of evidence under different national court systems. While it is difficult to assess how frequently the IBA Rules are actually adopted by parties, it is fair to say that they have had a considerable influence on the practice of taking evidence in international arbitration. This article mainly describes the essential provisions of IBA Rules, as revised in 2010, including but not limited to production of document, witnesses of fact, party-appointed experts, and tribunal-appointed experts. It also provides a comparison of relevant procedural rules of civil law and common law systems to each of the above mentioned provisions. It is important for arbitration practitioners to understand the differences in the taking of evidence under civil law and common law systems, respectively. This article will be helpful for practitioners and academics not only to understand the revised IBA Rules themselves but also to prepare for, and adequately deal with, the frictions that may arise as a result of the differences in approach for taking evidences. Indeed, so prepared, the arbitration practitioner will be able to anticipate the expectations, perceptions and the conduct of the parties, their counsel and the tribunal members.

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Impartiality and Independence of Arbitrators - IBA Guidelines on Conflict of Interest in International Arbitration 2014 and Case Study - (중재인의 공정성 및 독립성 -2014 국제중재에서의 이해관계 상충에 관한 국제변호사협회 가이드라인과 사례연구-)

  • JOE, Inho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.78
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    • pp.31-51
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    • 2018
  • As International arbitration has increased in popularity, there has been an expansion in the pool of arbitrators, and a commensurate diversification of not only the legal backgrounds but cultural backgrounds among themand among parties. As a result, there has been increased attention on the standards used to evaluate arbitrators' conduct and ethics, especially among them, 'Impartiality and Independence of Arbitrator' which is a precondition for an acceptable awards. There is no international treaty or code governing these issues. But the International Bar Association(IBA) seems to be leading the way such as establishing practical guidelines regarding to impartiality and independence of arbitrator. This article will review some theories, cases about impartiality and independence of arbitrator, and practical standards through the IBA guidelines. It is intended to provide specific guidance and criteria to the arbitrators, parties and counsels. And also it is expected to prevent unnecessary delays in arbitration proceedings in advance and filing for the annulment of arbitral awards because of lack of impartiality and independence of arbitrator as well.

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The printing tag for activation of RFID industry (RFID확산을 위한 Printing TAG)

  • Kim, Ji-Tae
    • Proceedings of the Korea Technical Association of the Pulp and Paper Industry Conference
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    • 2007.11a
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    • pp.109-115
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    • 2007
  • Instead of existing bar code system, RFID is now the core sensor technique of Ubiquitous computing and it will bring a revolution of corporation's logistics systems. In recent years, RFID becomes the center of government and other related companies and furthermore, its basic and applied techniques and have been established as various international standards. Many major countries announced application cases in various fields and concentrate their effort to make new RFID technologies as well. Recently Korean government announced the basic plan of u-Korea and all-out plan of activation of RFID/USN. SO in this paper, we will discuss two things; the trends of RFID technologies and the printing tag technique, which is needed to spread of RFID item units.

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The North Korean Nuclear problem and disarmament of Outer Space (북한 핵문제와 우주군축)

  • Noh, Dong-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.219-246
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    • 2017
  • Nuclear issue is a good example showing globalization of the international regime. The history showed nuclear weapons may cause the extinction of human races when the first nuclear bombs fell down to Japan in August, 1945 and people became increasingly eager to achieve peace. Military buildup for national security is a matter of existence in the international society. However, disarmament or arms control to secure international peace and safety which is also the purpose of the Charter of the United Nations may be the most important task for us to realize peace of the mankind. Today, disarmament, together with amicable settlement of international conflicts and collective security system, is an important means to maintain and promote international peace and safety. It might be our permanent task to realize complete disarmament but, as the Preamble of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) expressed general and complete disarmament, the international society has clarified its effort for complete disarmament. Thus, taking a look into the international regime on the nuclear issue and progress related to the nuclear issue in North Korea, the study was intended to introduce the globalization of the nuclear issue, review the international effort for nuclear disarmament based on the concept of the 'common heritage of the mankind' and with respect to the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and controls over nuclear weapons, and then evaluate the North Korean nuclear issue, which is in direct relation with South Korea and international laws, in terms of the space law and disarmament acts. The collective security system along with policies to prevent dissemination of nuclear weapons should also be emphasized and implemented to cope with the North Korean nuclear issue.

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Structure and physical properties of the earth crustal material in the middle of Korean Peninsula : A study on the prescription of standard test by mortar-bar method (한반도 중부권 지각물질의 구조와 물성연구 : 콘크리트 공시체에 의한 표준시험 규정에 대하여)

  • 정진곤;유신애
    • The Journal of Engineering Geology
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    • v.5 no.2
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    • pp.193-200
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    • 1995
  • It has been well known that the alkali-aggregate reaction between the aggregates and cement paste is one of the reasons of a concrete siructre expansion. Because of a serious demage on the concrete stnicture from the expansion, in many countries, the safety of the materials is checked in laboratory by mortar-bar test and the upper limit of expansion in length is 0.1%. The prescriptions are presented in the ASTM C227 and 490 of U.S. which has been international currency and in the KS Handbook F2503, F2546 and L5107 of Korea published by Korean Standards Association. Both of the prescriptions are almost same in their contents. Actually, in the process of preparing and measuring the mortar-bar according to the prescription mentioned above, it seems that there are no problems for its own purpose but a few points are found to be improved upon the methods to increase the accuracy for laboratory work as follows. 1. The prescription of blending ratio(aggregate, cement and water) should be noted by volume not by weight. 2. It is unreasonable to measure the initial length of mortar bars after 24$\pm$2 hours at once regardless the kind of aggregates. 3. It may bring about errors in calculating the expansion ratio under the condition of the denominator value fixed as 254mm. 4. The measuring methods of specific gravity are selected according to the purposes but the pure specific gravity displays the highest accuracy among them.

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A Proposal for the Invigoration of Maritime Arbitration (해사중재 활성화를 위한 전제조건에 관한 논의)

  • Lee, Jung-Won
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.141-163
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    • 2012
  • In Korea, although nearly all maritime arbitration cases are dealt with by the Korean Commercial Arbitration Board (KCAB), the total number of cases that are referred to the KCAB is relatively small compared with the total number of maritime cases that occur in Korea. There may be reasons why maritime arbitration is not utilized more in Korea. However, of the above reasons, the superseding one may be that there is still a lack of confidence in the credibility and foreseeability of maritime arbitration in Korea. To expand the use of maritime arbitration in Korea, it is essential that the base surrounding maritime arbitration be expanded. In addition, it is also necessary that specialists receivetraining in maritime law. In this context, it is strongly recommended that maritime and admiralty law be taught in law schools and be included as a regular subject on the Korean bar exam. Additionally, to promote maritime arbitration, a rule should be introduced allowing for shortened arbitration proceedings in Korea. Although Chapter 8 of the KCAB Arbitration Rules provide for "Expedited Procedure," this process alone is not because the rules for Expedited Procedure generally apply in arbitration cases where both parties have agreed in a separate agreement to follow the procedures provided or in any domestic arbitration valued atless than 100,000,000 Korean won. Therefore, the KCAB Arbitration Rules for Expedited Procedure must be reformed to encompass international arbitrations. Additionally, experts who are experienced in the maritime sector should be elected as arbitrators. Given the factthat a fair number of arbitration cases can be characterized as international, it is important that businesspersons who are very fluent in English be appointed as arbitrators in order to increase the reliability of maritime arbitration in Korea and save costs. Meanwhile, because lawyers and scholars constitute a considerable portion of KCAB arbitrators, commercial persons from relevant industries should be enlisted as arbitrators. Even though there are arguments for the establishment of an independent maritime arbitration board in Korea, establishment of a separate maritime arbitration board will not directly guarantee the prosperity of maritime arbitration in Korea. Instead of instituting a new maritime arbitration board, it is better that a reorganized KCAB modify existing arbitration proceedings to make them faster and more economical if maritime arbitration is to prosper. In this regard, ad-hoc arbitration would be an option for speedy and thrifty maritime arbitration. Finally, to gain the confidence of domestic and foreign parties, we cannot ignore the importance of advertising the specialties and qualifications of the KCAB and its personnel among business entities.

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Example of the Structural Design with Applied SNiP codes in the Commonwealth of Independent States (CIS) (CIS 국가 내진 설계 방법과 SNiP Code를 적용한 주거시설 구조설계 사례)

  • Lee, Dong-Woo;Kwak, Chul-Seung;Jeong, Hoon-Sik
    • Proceeding of KASS Symposium
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    • 2008.05a
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    • pp.232-237
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    • 2008
  • In the Commonwealth of Independent States (CIS), the international organization, or alliance, consisting of eleven former Soviet Republics, their own regulation and standard, codes of the building are based on SNiP issued from the Russia. The SNiP for the seismicity is based on Kazakhstan codes where earthquake is very strong. After their independence, Seismic codes for Former Soviet Republics have been developed in their own accord. The building subjected by more than certain magnitude should be followed by TU as well as SNiP. In this paper, the residential complex project where seismic stability is considered from schematic design will be introduced. In this project, Local analysis program and method for arrangement of bar was applied. In the structural drawings, Korean and Local methods was compromised.

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