• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.133-156
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• 2014

With the development of Chinese commercial arbitration, there have been a large number of cases regarding the parties raised objection to the jurisdiction in arbitration and judicial practice. The argument relating to dealing with the subject matter, time limitation, identified subject of arbitration objection to the jurisdiction as well as the inadequate of Chinese Arbitration Law and relevant judicial interpretations has caused adverse impact on the conduct of the arbitration proceedings. This paper firstly look ar the overview of the arbitration jurisdiction objection, mainly on the arbitration jurisdiction objection determination and what is arbitration jurisdiction objection. The raise and abandonment of the arbitration objection to jurisdiction then will be analyzed in terms of subject, form, time and the legal consequences of giving up. The third part illustrates the handling of arbitration jurisdiction objection, main body, practices, procedures and whether the arbitration objection to jurisdiction is established. And the last part discuss how the condition of effectiveness on the arbitral agreement applies to through Chinese cases. Finally, the author suggests some cautions and countermeasures relates to arbitration agreement for domestic investors and traders dealing with the Chinese partner.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.81-99
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• 2013

One of the most defining characteristics of arbitration is that an arbitral tribunal's jurisdiction is established by parties' mutual agreement. If a party to the arbitral proceedings believes that a tribunal constituted lacks jurisdiction to conduct the arbitral proceedings, it may challenge the jurisdiction of the tribunal in different ways. Although the concept of kompetenz-kompetenz and the grounds to challenge the Tribunal's jurisdiction are readily accepted in the arbitration community, what parties often fail to observe is the time limit imposed by the relevant laws in bringing such objections. This article aims to examine several main ways of challenging the tribunal's jurisdiction and the applicable time limits in each scenario. The article will then focus on the consequences of a party's failure to adhere to the strict time limits and its effect at the post-award stage. These issues will be considered in the light of case law from different Model law jurisdictions with particular illustrations from the arbitration law of Singapore.

• International Journal of Internet, Broadcasting and Communication
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• v.10 no.4
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• pp.37-42
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• 2018

As of 2016, Incheon Metropolitan City's cremation ratio was 91.2%, which is the second highest among all metropolitan municipalities nationwide (Busan Metropolitan City: 92.0%). In addition, the number of cremation at the outside of the jurisdiction has been steadily increasing since 2014. It is analyzed that the number of cremation at the inside of the jurisdiction is 16,004, which is 67.3% of total number of cremation, and the number of cremation at the outside of the jurisdiction is 7,779, which is 32.7%. We would like to suggest the following policy suggestions to solve the problems caused by the increase in cremation demand. First, the number of operations of cremation in public facilities located in Gyeonggi-do adjacent to Incheon Metropolitan City is needed to be increased. Second, the extension of the time limit for the use of cremation facilities of the dead people at the outside of the jurisdiction is needed. Third, the charge for cremation at the outside of the jurisdiction has to be increased. Fourth, improvement measures such as relaxation of residency requirements for deaths at the inside of the jurisdiction, who used the public facilities in Incheon Metropolitan City, should be undertaken.

• Journal of Environmental Impact Assessment
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• v.10 no.3
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• pp.245-255
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• 2001

The management of water, both the quantity and the quality, has been one of the most important issues in the public investment and it is equally true in the field of sustainable development. Nevertheless, the jurisdiction of local governments has been delineated without much attention to the issue of the water management. In the planning of wide areas such as cities, countries, the metropolis, and the megalopolis, it is necessary to well arrange the geographical jurisdiction of local governments as a unit of region. The river water system, including small streams to large rivers, should be given its due share in the planning and jurisdictional delineation. The traditional concept of the local government's jurisdiction emphasizing the accessibility may be fading away. Instead, the efficiency of the public management would be the main concept in determining the jurisdiction of local governments. The river improvement, the waterworks, the sewage, the maintenance of water quality, the space of water recreation, are relatively important in the efficient management of that area. This paper argues for the equalization between the geographical jurisdiction of local governments and watersheds. To this end, I do case studies of the local governments areas such as Ri(里), Eup Myon(邑 面), Si Gun(市 郡), KyangyokSi Do(廣域市 道). The study interprets ARS will be one of the principles of land use and the reorganization of the local jurisdiction in the future as a geo-systematic and the eco-systematic criteria.

• International journal of advanced smart convergence
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• v.10 no.3
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• pp.187-197
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• 2021

We present following research summary and implications through the analysis of the research. First, the before the opening of public cremation facilities compared to new opening of those, the number of the corpse cremation increases to annual average of 5.5% of the rate, and it has a positive effect on increasing rate of the cremation. Therefore, a policy of expanding the supply of public cremation facilities should be pursued to improve cremation rate in the area of uninstalled public cremation facilities. Second, the before the opening of public cremation facilities compared to new opening of those, the number of the corpse cremation has increased to the annual average 3,623 people(56.9%) at jurisdiction area, while it has decreased to 949 people (28.3%) at the out of the jurisdiction area. The active efforts and building the funding expansion should be made to establish public cremation facilities of the central and local governments to improve convenience of the use of public cremation facilities. Third, since the before and after opening of public cremation facilities at Jeongeup City lead to great effect on demand of jurisdiction area and out of the jurisdiction area, the cremation demand should be reduced through the supply expansion of public cremation facilities and differentiation strategy to control cremation demand at the out of the jurisdiction area, focusing on metropolitan areas with high cremation demand, such as metropolitan areas or metropolitan cities.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.235-262
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• 2004

A study on the international Jurisdiction to Application in Electronic Transaction Disputes The implementation of electronic commerce raises some new legal and institutional problem so it is necessary for us to prepare alternatives. As the development of electronic commerce is difficult without smooth settlement of dispute the pursue of smooth settlement of dispute is very important menu. while the most common method relating to the settlement of dispute is litigation. them relating to the litigation, the subject of jurisdiction and the subject of governing laws should be resolved above all. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on international jurisdiction given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean. Therefore, International jurisdiction to application concerned about electronic commerce should be prepared and the environment to keep electronic commerce secure and stable be guaranteed. And we should make plans to protect companies and consumers and should make efforts to expand electronic commerce infrastructure.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.195-225
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• 2009

One of the most significant additions to the Warsaw Convention liability system, brought about by the coming into force of the Montreal Convention 1999(MC 99), was the creation of the new so-called fifth jurisdiction, whereby an Article 17 action for damages for passanger bodily injury or death only, may be brought at the option of the claimant/plaintiff. The fifth jurisdiction-the pernanent residence of the passenger at the time of the accident,provided that the carrier has a specified business presence in that jurisdiction-was one of the provisions of MC99 that provoked the most debate at the Montreal Conference leading to the adoption of MC99. Some scholars in China fear that the fifth jurisdiction will be abused after the MC99 came into force to China in 2005. The present article argues that the fifth jurisdiction would not be abused as long as such international private doctrines as forum non-conveniens are applied by the trial court appropriately. The article also points out that the challenge before the legislative body of China is to amend the civil aviation law and other related laws so that to solve the conflicts among the laws and meet the obligations provided by the MC99.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.85-90
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• 2022

In modern conditions of the development of public relations, there is a continuous development of technologies. This not only reflects the convenience of service users, and new technology but also contributes to the emergence of new disputes to protect the rights of stakeholders. Therefore, it is urgent to study the distinctions between the jurisdiction of commercial, civil and administrative courts in resolving IT disputes. The work aims to study the peculiarities of delimitation of the jurisdiction of commercial, civil, and administrative courts through the prism of IT measurement. The research methodology consists of such methods as a historical, comparative-legal, formal-logical, empirical, method of analogy, method of synthesis, method of analysis, and systematic method. Examining the specifics of delimiting the jurisdiction of commercial, civil, and administrative courts through the IT dimension, it was concluded that there is a problem in determining the jurisdiction of the court. In addition, the judicial practice on this issue is quite variable, which negatively affects the predictability of technology in resolving potential disputes. In this regard, the criterion models for distinguishing between commercial, administrative, and civil proceedings according to the legal classification of the parties, as well as the nature of the claim are identified. This separation will contribute to a more accurate application of legal norms and methods of application of administrative norms and reduce the number of cases of improper proceedings.

• Strategy21
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• s.46
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• pp.57-88
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• 2020

Surrounded by powerful states, Korean maritime and airspace jurisdiction is constantly exposed to intrusions by its neighbors. Korean government has been, however, exercising significant degree of moderation in response to the occasions. This is where my research starts off: why does Korean government implement only mild measures, which sometimes seem to be insufficient, to infringements on maritime and airspace jurisdiction? I found the answer from the principles and rules of international law: to promote peace and prosperity of the international community, it placed limitations on state rights and prohibited use of force. This point will be elaborated in the paper by examining the contents of restriction and the history of the relevant principles. In the second part of the paper, I explore what strategy could be employed by a state to protect its jurisdiction under present international legal regime. Interestingly, international law, which restricts state jurisdiction, at the same time provides opportunities for lesser powers to protect their state jurisdiction. In the meantime, diplomatic efforts are required. I offer examples of Norway and Philippines, who successfully upheld their arguments against powerful states via international legal regime.

• International journal of advanced smart convergence
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• v.8 no.2
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• pp.191-198
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• 2019

On the basis of 2017, the cremation rate in capital area was 89.0% which was much higher than the national average cremation rate(84.6%). Due to the short supply of cremation facilities in accordance with the increased number of cremation cases every year, the demand for cremation from the residents outside of the jurisdiction area with no cremation facilities was increased, so that the residents in the jurisdiction area had difficulties in using the Online Cremation Reservation Service in Funeral Information System. Thus, this study aims to make suggestions for policies as follows.First, on the basis of 2017, the demand-supply rate of cremation facilities in Gyeonggi-do was 139.4%, which means that the demand for cremation largely exceeds the ability to supply cremation. Therefore, first, in the level of Gyeonggi-do, the expanded supply of cremation facilities should be induced by carrying forward policies such as financial support to the basic local governments installing cremation facilities and expansion of incentives support to the residents of regions attracting cremation facilities. Second, it would be necessary for the central government to expansively conduct the support standard price and government subsidy rate(70%) for the new construction of cremation facilities and the establishment of cremation furnaces. Third, there should be some policies to decrease the inflow of residents outside of the jurisdiction area by raising the fee for using cremation facilities outside of the jurisdiction area of Seoul Metropolitan City and also expanding the application of a sliding scale of cremation hours.