• English Language & Literature Teaching
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• no.6
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• pp.159-178
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• 2000

In systemic grammar an English clause is analysed simultaneously from the point view of its ideational function, interpersonal function and textual function. This study deals with only the ideational function of the three functions, which accounts for the underlying content of a clause. Transitivity is the subsystem of the ideational function. It specifies the different types of process that are recongnized in the language and the structures by which they are expressed. The purpose of the paper is to describe the transitivity of English clause on the basis of systemic approach. For this we analyzed the three subsystems of transitivity which are physical process, mental process and relational process in the form of features. And we described the sets of the features of the three different types of process in English clause in the framework of the system network.

• Phonetics and Speech Sciences
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• v.2 no.3
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• pp.11-22
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• 2010

The present study attempts to investigate declination in Korean and its relevant aspects to the length of utterance, the clause boundary, and focus. More specifically, I examine the relation of declination with the length of utterance, the declination reset at the clause boundary, and the effect of focus on declination. Results showed that the length of utterance had no relation with the first and last pitch values of the utterance but that they were consistent regardless of the length of utterance. However, the declination slope changed to be relatively gentle from the fourth accentual phrase to the end of the whole intonational phrase. There was a reset of declination in such a way that the first pitch in the second phrase was always lower than that of the first phrase, but the first pitch in the third phrase was not always lower than that of the second phrase when the whole utterance was composed of three phrases. Finally, the pitch values of the focusing words decreased as their position went back in a sentence. One declination line was formed in the case of focused utterance, but in the case of an utterance that contained a clause boundary, a new declination line was formed at the start of each new clause. These findings can be applied to developing a Korean speech synthesizer that contains natural prosody; they can be also utilized for teaching Korean prosody.

• Speech Sciences
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• v.12 no.4
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• pp.129-139
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• 2005

This paper investigates any possible correlation between the information structure and the occurrence of clause internal pauses in the spontaneous discourse. One of the possible functions of pause is its capacity to signal the information structure of the discourse. However, this aspect was not much explored in Korean spontaneous speech. In the present study, information structure of spontaneous speech was defined for each word or word group on the basis of the information structure analysis model proposed by Van Donzel (1999) and Roulet (1991, 1997). Thus, at a local level (words or word groups) of discourse structure, a distinction was made between three types of information, new, given and inferable. The results showed that clause internal pauses tend to appear more frequently before new information than other types of information. However compared to the total number of words or word groups it was not noticed any specific ordering concerning different kind of information status and pausing. It was however found that clause internal pauses did not appear randomly. The majority of them occurred at the initial part of the clause or the sentence. This tendency was mostly related to the division of sentence (or clause) into topic and comment. Thus, the role of pauses as a marker of information structure seems to be less effective in spontaneous discourse.

• Journal of KIISE:Software and Applications
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• v.32 no.9
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• pp.936-947
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• 2005

In dependency parsing of long sentences with fewer subjects than predicates, it is difficult to recognize which predicate governs which subject. To handle such syntactic ambiguity between subjects and predicates, this paper proposes an 'S-clause' segmentation method, where an S(ubject)-clause is defined as a group of words containing several predicates and their common subject. We propose an automatic S -clause segmentation method using decision trees. The S-clause information was shown to be very effective in analyzing long sentences, with an improved parsing performance of 5 percent. In addition, the performance in detecting the governor of subjects was improved by $32\%$.

• Korea Trade Review
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• v.44 no.6
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.27-62
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• 2002

The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.137-169
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• 2013

This article intends to analyse some features in Exclusion Clauses of the Institute Cargo Clauses 2009 and the results of analysis are following. First, the insufficiency of packing or preparation exclusion under the revised Clause 4.3 is now more limited than before and the Clause suggest the test of sufficiency or suitability "to withstand the ordinary incidents of the insured transit". Secondly, the word "proximately" was deleted under the revised Clause 4.5 for the insurer to be identified more easily as a cause, but it remains to be seen whether that re-drafting will be successful. Thirdly, The exclusion under the revised Clause 4.6 does not apply unless the insurer can prove that, at the time the subject-matter insured is loaded on board the vessel, the assured was aware, or in the ordinary course of business should have been aware, that the relevant insolvency or financial default could prvent the normal prosecution of the voyage, and to a person who purchase the goods from the assured in good faith under a binding contract. Fourthly, the exclusion in respect of unseaworthiness of vessel under Clause 5.1.1 applies only where the assured is privy to the unseaworthiness, whereas the exclusion in respect of unfitness of container or conveyance under Clause 5.1.2 includes the privity of the employee. Finally, Clause 7 establishes the definition of terrorism, and adds ideological and religious motive to political motive.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.109-136
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• 2014

The separability of an arbitration clause is generally recognized throughout the world, but there are no provisions of it under the Federal Arbitration Act(FAA) of the United States. As such, the controversy over the recognition of separability has developed with the rise of certain cases. The Supreme Court recognized this separability based on section 4 of the FAA in the decision of the Prima Paint case. The Court ruled that courts must decide the claim about the fraudulent inducement of an arbitration agreement itself, but they must not decide the claim about the fraudulent inducement of a contract involving a broad arbitration clause, and they have to proceed with the arbitration. The Court said that the subject of an arbitral award is set by the agreement of the parties, and thereby arbitrators can decide the issues about the fraudulent inducement of a contract on the basis of the arbitration clause when it is broad to the point of including the issues. Many courts have extended the separability beyond the fraud context to include other defenses to contract formation in the federal courts such as the occurrence of mistake, illegality, and frustration of purpose. In interpreting the parties' intention of ensuring arbitrator competence, the Supreme Court has treated differently the issues about whether the arbitration agreement exists or not and the issues about whether the preconditions for dispute resolution by a valid arbitration agreement is fulfilled or not. The Court holds that the federal policy in favor of arbitration does not apply to the former issues, and arbitrators can decide theses issues only when parties assign them clearly and unmistakably to them. However, the later issues receive a presumption in favor of arbitration; i.e., when the interpretation of a valid arbitration clause is contested, the arbitrators can decide these issues. In the First Options case, the former issue was questioned. The question of the separability of an arbitration clause is where the validity of the main contract involving the arbitration clause is contested. Therefore, the doctrine of separability did not operate in the First Options case in which the validity of the arbitration clause itself was questioned, and the decision in the First Options was irrelevant to the separability. I think that the Prima Paint case and the First Options case have different issues, and there is no tension between them.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.519-544
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• 2011

Clauses on national treatment in the bilateral investment treaties including FTA state that, the foreign investor and his investments are 'accorded treatment no less favourable than that which the host state accords to its own investors'. Hence the purpose of the clause is to oblige a host state to make no negative differentiation between foreign and national investors when enacting and applying its rules and regulations and thus to promote the position of the foreign investor to the level accorded to nationals. As a matter of legal drafting technique, while the basic clause is generally the same, the practical implications differ due to more or less wide-ranging exemptions of certain business sectors. It is generally agreed that the application of the clause is fact-specific. This paper deals with problems in drafting clauses on national treatment in practice, introduces several considerations to adjust the level of national treatment, so it can be made more represents the interest of our country.

• Speech Sciences
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• v.8 no.2
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• pp.149-163
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• 2001

This paper investigates the manner in which various. syntactic structures with a single meaning implement a consistent intonational pattern by examining English conditional clauses. In the phonetic experiment, we explore the edge tones in three different syntactic clauses which are semantically interpreted as a single conditional meaning (an if-clause, a clause with no if. and a clause with no if but followed by and) and compare them with the edge tone realized in a clause which is not interpreted as a conditional meaning. We also investigate the tonal differences resulting from the semantic difference between conditional and non-conditional meanings. That is, the conditional clauses expressed in three different syntactic structures show a consistent intonational pattern in their clausefinal boundaries; a rising contour (H- or H%) is realized at the edge of the intermediate phrases (ip) or intonational phrases (IP) in 89% of the if-clauses, 72% of the clauses with no if, and 79% of the clauses with no if but followed by and. On the other hand, 82% of the non-conditional clauses have a falling contour (L- or L-L%) in their final edge. Statistically, Chi-Square tests show that these percentages are all significantly higher, which suggests that a conditional meaning implements a consistent intonational pattern though it is expressed through different syntactic structures. Therefore, the result supports Bolinger's (1989) claim that intonation makes an important contribution to discourse interpretation.