• Title/Summary/Keyword: Nationality

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A Study on the Nationality Determination Criteria of Chinese Courts for Arbitral Awards Made by Foreign Arbitration Institutions in China as the Place of Arbitration (외국중재기관이 중국을 중재지로 하여 내린 중재판정에 대한 중국 법원의 국적 결정기준에 관한 연구)

  • Hyun-Soo Ha
    • Journal of Arbitration Studies
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    • v.33 no.2
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    • pp.3-21
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    • 2023
  • Chinese law does not directly stipulate the criteria for determining the nationality of arbitral awards, and the Civil Procedure Law stipulates that arbitral awards are divided into domestic arbitral awards and foreign arbitral awards based on the location of the arbitration institution managing the arbitration cases. This indirectly classifies the nationality of the arbitral award based on the location of the arbitral institution. However, with regard to the nationality of eight arbitral awards in this paper made in China by the foreign arbitration institutions, the Chinese courts determined the nationality by arbitrarily selecting the criteria for the location of the arbitration institution and the criteria for the place of arbitration, except for arbitral awards made in Hong Kong. China's unclear attitude toward the criteria for determining the nationality of arbitral award has resulted not only obscures the country that can exercise the right to revoke arbitral award, but also obscures the laws and regulations applied to the approval and execution of arbitral awards. In other words, since the right to revoke the arbitral awards resides with the country of nationality of the awards, such an ambiguous attitude in China prevents the parties from responding to the cancellation lawsuit by predicting the nationality of the arbitral awards in advance. Furthermore, since China made a declaration of reciprocity reservations while joining the New York Convention, in cases where the criteria for location of the arbitral institution is applied, if the arbitration institution belongs to a contracting state, the it must apply the New York Convention to approve and execute arbitration decisions, but if it is not a contracting state, it must be approved and executed by mutual arbitration agreements or reciprocity principles. These results can lead to different results in approval and execution of the same arbitral awards depending on how the nationality is determined.

A Study on Displaying the Flag for Indicating the Nationality of Ships (선박 국적 표시를 위한 국기 게양에 대한 고찰)

  • Yun, Gwi-ho
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.4
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    • pp.465-473
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    • 2021
  • Since the past, ships have hoisted national flags as a means of indicating their nationality. Both domestically and internationally, laws and conventions related to the nationality and hoisting of the flag have been enacted because it is significant that the nationality of a ship is a matter of the jurisdiction of the ship. Nevertheless, there are differences in domestic and international regulations related to the hoisting of the flag of a ship, and if the flag is not hoisted irrespective of the intention, there may be a difference in interpretation as to whether or not the ship will be regarded unconditionally as a stateless ship. However, there is no disagreement locally or abroad about the necessity of indicating the nationality of ships. Therefore, I would like to propose a method to indicate and confirm the nationality of the ship by using wireless communication equipment with hoisting the flag as the only way to express its nationality, reflecting the situation of the era such as high-speed, larger and unmanned ship. Representatively, the method utilizes the automatic identification system(AIS), which is one of the equipment legally installed in the ship, and includes the ship's nationality in its information. If the nationality information is included in the AIS, nationality can be identified earlier and even from a distance, and there will not be instances of nationality not being identified because the flag is not hoisted or the flag is damaged. In addition, it is expected that the problem of nationality indication can be solved even when vessels are unmanned in future.

A Study on Pao, A Caftan type Subculture Garment in China Nationality (중국소수민족 포의 연구)

  • 정은택;박춘순
    • Journal of the Korean Society of Costume
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    • v.50 no.6
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    • pp.155-162
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    • 2000
  • Classifying the diverse and complex clothing category of nationality subcultures in China is not a simple task. However, summing up, it can be largely classified that clothing of the northern area is long trousers and short skirt. Among the clothing of Nationality in China, especially, Pao(robe: 袍) has its diversity and colorfulness. whose elements forming its each characteristic feature has enough value to be investigated fully in the historical point of view. The conclusions of this study reveals that Pao in nationality subculture in China can possibly be divided into the four types as Qipao(旗袍) in Dongpei area, Mongopao(蒙古袍) in Inner Mongolia, Qiapan in Xinjiang area, and Zangpao in Tibet area. The modes of Qipao and Mongopao are mainly similar in that they have diagonally on the right, stand collar in composition, but Qipao shows its diversity in collar and slashes, and Mongopao also shows diversity in its colare and waistband. Since western culture flowed into China along with its open door and reform policy, the splendid color and distinctive pattern, decoration, diversified method of compositions and clothing categories of Nationality cultures are disappearing in its their originality and nationality.

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The Effects of Congruence between Self-Image and the Advertising Image of Chinese Consumers on Advertising and Brand Attitudes -The Moderating Role of a Fashion Advertising Model's Nationality-

  • Cui, Yu Hua
    • Journal of Fashion Business
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    • v.21 no.6
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    • pp.1-15
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    • 2017
  • This study examines the various responses of Chinese consumers, depending on the nationality of the fashion advertising model featured in an advertisement; it explores the effects of a congruence between self-image and advertising image (CSIAI) on consumer attitudes. This study was conducted by collecting data online; 200 samples selecting a Korean model and 200 samples selecting a Chinese model with a fashion brand were analyzed. A structural equation model confirms the conceptual framework for the influence of CSIAI on consumer attitudes and purchase intentions. The results show that the perceived CSIAI of consumers positively influences their attitude toward the advertising and the brand, and further, that advertising and brand attitudes significantly affect the purchase intention of consumers. This positive relationship is moderated by the nationality of the model. These findings suggest that the nationality of the model can serve as an important retail mix for global marketers. Other results and management implications are also discussed.

The Effect of Self-leadership and Entrepreneurship on Employment Competency -The Moderating Effect of Nationality-

  • Choi, JuChoel
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.3
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    • pp.107-115
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    • 2018
  • This study aimed to explore the effect of college students' self-leadership and entrepreneurship on employment competency and identify the moderating effect of nationality. To this end, the validity of data collected from 450 college students attending a four-year university in Seoul was tested using structural equation modeling and AMOS statistical software. The study showed the following results. First, self-leadership was found to have a significant effect on entrepreneurship. Second, entrepreneurship was found to have a significantly positive effect on employment competency. Third, it was found that nationality exerted a partial effect on the relationship of self-leadership and entrepreneurship to employment competency. Based on these findings, this study indicated that developing college student's employment competency through self-leadership and entrepreneurship training according to their nationality can help resolve the severe employment crisis in the age of the fourth industry.

A Study on Nationality Criteria for Arbitral Awards between China, Hong Kong, Macao and Taiwan (중국, 홍콩, 마카오, 대만 상호 간 중재판정 국적결정 기준에 관한 연구)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
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    • v.29 no.4
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    • pp.121-140
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    • 2019
  • China, Hong Kong, Macao, and Taiwan have a singular political relationship. This distinctive relationship creates a unique impact on the nationality of the arbitral awards among the said countries. Each of these regions does not adopt the arbitral award of the other party as either a foreign arbitration award or a domestic arbitration award, but separately adopts the arbitral award in different jurisdictions within the same country. Therefore, in order to approve and enforce their arbitral awards in other areas, they have no choice to apply special laws or the conventions concluded between them, neither the New York Convention nor the individual arbitration laws in those areas. Therefore, this paper reviewed the convention and self-established laws among China, Hong Kong, Macao, and Taiwan regarding the approval and execution of the other arbitral awards. In addition, the domestic laws in China, Hong Kong, Macao, and Taiwan are compared with the New York Convention to ascertain the criteria for distinguishing domestic and foreign arbitral awards. This study also compared and analyzed what criteria were established for the determination of the nationality of the arbitral awards in the domestic law or the convention concluded in pan China. Through the analysis of these contents, the characteristics and problems of criterion for the determination of nationality among China, Hong Kong, Macao, and Taiwan were identified. Based on the results, this study examined the precautions Korean companies entering these regions should use in the arbitration system in these areas.

A Study on the Employment Effect of Foreign Invested Companies in Korea by Investor Ratio Type and CEO Nationality (한국내 외국인투자기업 투자지분율형태와 CEO국적에 따른 고용효과 분석)

  • Kim, Kyoung-Ae
    • International Commerce and Information Review
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    • v.17 no.1
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    • pp.137-163
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    • 2015
  • This paper investigated the difference in the employment effectiveness of foreign invested companies in Korea by investor ratio and CEO nationality. To analyze the relationship between employment growth and investment ratio, CEO nationalty, firm age, company size, analysis of variance and regression are employed. Investment ratio is classified into three groups: 1. 0%${\leq}100%$. CEO nationality is classified into three groups: '1' if the CEO nationality is Korean, '2' Korean and Foreign, '3' Foreign. Employment growth turned out to be lower in groups of investment ratio equal to or bigger than 50% than in group which has investment ratio smaller than 50%. and the employment effect was not different depending on the type of CEO. By analyzing the employment growth with respect to investment ratio type and CEO nationality theoretically and empirically, the effect of inward foreign direct investment on employment and its preparation plan can be considered. The policy implication is that investment ratio should be considered in the future employment policy.

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The Identification of Nationalities and the Establishment of Minority Nationality Autonomous Regions in the People′s Republic of China: The Spatial Strategy and Its Effects (중국의 민족식별과 민족자치구역 설정 :공간적 전략과 그 효과)

  • 이강원
    • Journal of the Korean Geographical Society
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    • v.37 no.1
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    • pp.75-92
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    • 2002
  • The aim of this article is to critically review the PRC's policies related to its minority nationalities with a special emphasis on the identification of minority nationalities(minzuzhibie) and the establishment of minority nationality autonomous regions(minzuzizhiquyu), as a part of national integration Process. In that Process, the intentional application of the criteria on nationality identification, the establishment of minority nationality autonomous regions, the population redistribution policies and the gerrymandering by the government played an important role in the deconstruction of traditional basis of identities and the territorialization of ethnicity. The goals of government have been the redefinition of 'Chinese', the the invention of 'Chinese nationality(zhongguominzu or zhonghuaminzu)'and the unification of its national territory. However, these have led to the unexpected result by creating the new ethnic-territorial identities along with the nationalities identified and the territories defined by the government.

The Nationality Effect of Price Discrimination in the Container Shipping Market and Its Implications for Development Economics: Treating Hanjin Shipping's Collapse as a Natural Experiment

  • Ko, Byoung-Wook
    • Journal of Korea Trade
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    • v.24 no.6
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    • pp.115-134
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    • 2020
  • Purpose - International trade leads to the international division of labor, improving the efficiency of the global economic system. Transport costs are a more serious barrier to international trade than customs tariffs. An increase in competition in the transport sector may thus lead to a reduction in transport costs. However, if a carrier's nationality significantly influences transport costs, simply adding more competing carriers of different nationalities would be ineffective. Therefore, it is necessary to establish national or regional carriers to influence competition and reduce transport costs. This study investigates this "nationality effect" by treating Hanjin Shipping's collapse as a natural experiment. Design/methodology - The theoretical basis of this study is the 3rd-degree price discrimination in container shipping market. By using the monthly data of container freight rates of Korea, China and Japan, this study shows the so-called Korea Premiums, which are the empirical counterparts of nationality effect in Korea container shipping market. For this empirical investigation, the structural model with state-space form is used and the dummy models are also estimated. In addition, because China has been also affected by the Hanjin's collapse, the China premiums are considered too. Findings - Compared with Japan's case, it is shown that there had been the so-called Korea premiums since the collapse of Hanjin Shipping. These results are robust from both the state-space model and dummy models. The time pattern of Korea premiums was consistent with the market evolution, especially the pattern of substitutability in container shipping markets. In addition, this paper shows the magnitude of Korea premiums. Originality/value - The argument of this study that the nationality effect can be interpreted as an extended concept of the home market effect is original, which is expected to evoke future research efforts. Further, the discussion on the shipping industrial policy from both horizontal and vertical aspects will provide the relevant policy makers with solid information, especially for the policy coordination in a global scale.