• Journal of the Korean Geographical Society
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• v.48 no.4
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• pp.575-588
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• 2013

The concept of cultural landscape, which is defined in the World Heritage Convention, provides a new framework with which to manage the heritage sites. European Landscape Convention proposes that landscape is the basic component of natural and cultural heritage, which in turn contributes to the improvement of human well-being and consolidation of the European identity. While recognizing the international trend, Japan has strived to improve the level of managing and protecting the landscape and cultural landscape through the enactment of Landscape Law and the revision of Cultural Property Protection Law. Now that landscape and cultural landscape has occupied the core of heritage management in the advanced countries, it is required more than ever that the concept of landscape and cultural landscape should be clarified through the legislation and convention in Korea. If the legislation for protecting and managing the landscape and cultural landscape is prerequisite for Korea to be an advanced country, a careful and in-depth examination, along with the consideration of the Korean circumstances, should be further carried out on the international experiences about the legislation from the comparative perspective.

• International Journal of Computer Science & Network Security
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• v.22 no.6
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• pp.109-114
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• 2022

The article is devoted to analyzing the police influence on road safety formation. The globalization processes confirm the study's relevance, provoking population mobility and the need to increase freight traffic. The study aims to identify the factors that affect road safety and the activities of the police and the EU transport safety units. An empirical analysis using factor analysis, correlation analysis, and general scientific methods of cognition were carried out to achieve the goal. The analysis results found that the number of police officers affects road safety, but not in all countries, which confirms the importance of other factors. Based on the analysis results of the scientific literature, the factors affecting transport safety are legislative regulation, the use of innovative technologies, transport infrastructure, geography, and psycho-physical and emotional drivers factors. It has been proved that the police authorities and units cannot fully ensure transport safety in the European Union because the safety is formed by a complex of actions by the state and road users.

• Informatization Policy
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• v.31 no.1
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• pp.72-82
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• 2024

The presence of traditional media content on online platforms is one of the critical issues nowadays, and Article 17 of the European Media Freedom Act (EMFA) seeks to regulate this. However, it can be seen that the current version of the text is not yet free of flaws: both its harmonisation with the Digital Services Regulation, its use of definitions and the media fast track mechanism it contains would require careful legislative scrutiny before the final text is adopted. The article examines if the self-declaration procedure envisaged by the EMFA would create a loophole for rogue media actors and bring confusion at both the European and horizontal levels or if it would fit the original goal of the EMFA, which is to improve the functioning of the internal European media market and to reinforce the independent media.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.69-95
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• 2015

The main purpose of this study is to analyse what are the key financial innovations in the euro area electronic payment systems. TARGET2 is the RTGS-system provided through the Eurosystem. It is used for settling central bank operations, for large interbank transfers in euro and also for other euro-denominated transfers. The specific features of TARGET2 include processing in real time, settlement in central bank money and immediate finality. In addition, the SEPA is a payment-integration initiative of the European Union for simplification of bank transfers denominated in euro. In particular, the main innovations consist of the completion of the phased migration to the TARGET2 infrastructure, and the introduction of a single retail payment market in euro - the SEPA and its products, schemes and frameworks. As the study analyse, the key innovations consist of the TARGET2 introduction, SEPA establishment and migration towards the T2S system. These innovations will lead to a better understanding of the payment and settlement systems' behavior in stress situations and to enhance the stability of the euro area financial system. Moreover, the successful integration of the European payment and settlement infrastructures will further contribute to the integration of the European financial markets, as well as to their higher competitiveness.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.15 no.1
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• pp.38-53
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• 2007

In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.121-142
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• 2017

A study on the global trend of accreditation for mediators implies many important aspects of controlling of the quality of mediation. Firstly, whether or not having an accreditation system, most European countries and the U.S. have a common understanding on the fact that mediators need to be trained to mediate disputes, apart from their own expertise on the subject matters. Secondly, private-led accreditation has been utilized in countries having a Anglo-American law system such as the United Kingdom and the U.S. a while nation-managed one has been operated in the countries having a continental law system such as Austria, Belgium, Italy and Germany. Thirdly, private mediation service providers (usually institutions or companies) play an active role in the training and accreditation of mediators and further make them act as mediators in the disputes referred to them. Fourthly, the countries having a nation-managed accreditation system usually stipulate a certain mediation training and accreditation requirement by law. Fifthly, there is no uniform trend on the minimum hours of training required for accrediting the mediators. Sixthly, mediation training generally focuses on the practical mediation capacity-building, including mediation theory and role-playing, mediation simulations, peer review and supervision. And finally, the mediation theory mainly includes the role of mediator, mediation procedures, mediation communication, negotiation and communication skills, mediation ethics and mediator's code of conduct, etc.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.261-282
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• 2012

The European Union (EU) has introduced the EU Emissions Trading Scheme (EU ETS) as one of the key policies to reduce the level of greenhouse gas emissions and in July 2008, they decided to include aviation in the scheme. As soon as the decision was announced the EU ETS was met by sharp opposition from world governments and international aviation. A group of US airlines, in particular, dropped a lawsuit against the British government over aviation's inclusion in the EU ETS. On 21 December, the Court of Justice of the European Union (CJEU) ruled that aviation's inclusion in the EU ETS which covers all flights arriving into and departing from the EU is legal and does not contravene international law. The scheme eventually came into effect on 1 January 2012. However, most countries are in opposition to the EU ETS and have agreed on counter-measures to undermine the EU's plan which may bring chaos to the aviation industry if such measures were to put into practice. This study therefore will analyze the likely effects that may be brought to the Korean aviation industry as a result of the inclusion of aviation in the EU ETS. Further, it hopes to contribute to the Korean aviation industry by studying other countries' counter-measures in advance.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.8 no.9
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• pp.133-141
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• 2018

In Europe side, Most of North Korean refugee lives in New Malden, Kingstone resident with South Korean and international student near London, United Kingdom (UK).The reason why dispersed around in Europe is can be issue in societies with secure problem and temporary protection status have to be accept for change the concept in international law and refugee law. their ethnicity is organized by North Korean defectors, South Korean, Korean-Chinese in the area of New Malden and Kingstone.it means small unification is going to foundation on abroad. also their solidarity of diasporic integration development would ahead. and have to organise of Coexistence between U.K and thier ethnicity. for Humanitarian way for vulnerable. But Europe is not the most welcoming place for North Koreans at the moment. The European Alliance for Human Rights in North Korea, an advocacy group, reported in 2015 that many European countries had rejected the vast majority of North Korean asylum cases. Partly this is to do with how governments view North Korean defectors: the UK "considers North Koreans as South Korean citizens, thus excluding them from refugee status".

• The Journal of Information Technology
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• v.6 no.3
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• pp.11-32
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• 2003

For the internet is spreading out, a trade method and a trade process are chaning. Especially, with the development of an internet, a international trade can be madevia internet and other trade related with businesses can be achived electronically. The electronic trade is expected to dominate the gloval trade. Therefore, a trader needs to study this new method of trade intransaction with German. This paper focuses on the electronic transaction system in German. They participate in the foreign trade which is based on The AuBenwirtschaftsgesetz(AWG) and AuBenwirtschaftsve- rordnung(AWV). Customs are managed by the processing of two methods, The one is a export custom processing, the other is a outward custom processing. This paper also focuses on the law for a electronic trade in German. There are a varity of Law related with a electronic trade in German. For example, there are Das Information und Kommunikationsdienste Gesetz, Teledienstegesetz, Entwurf eines Gesetzes zum Schutz von Zuganskontrolldienste, Teledienstedatenschutzgesetz, Signaturgesetz, Das Strafgessetzbuch, Das Gesetz ber Ordnungswidrigkeit, Das Gesetz ber die Verbreightung jugendgef hrdender Schrifen und Medieninhalt, Entwurf eines Gesetes zur Anpassung der Formvorschrifen des Privatrechts und anderer Vorschrifen aqn den modernnen Rechtsgesch ftsverkehr, Gesetzes zur Modernisieerung des Schuldrechts. Entwurf eines Gesetes zur Anpassung der Formvorschrifen des Privatrechts und anderer Vorschrifen aqn den modernnen Rechtsgesch ftsverkehr, Gesetz ber Urheberrecht und verwandte Schutzrechte, Directive 2000/31/EC of The European Parliament and of The Council, Directive 2002/58/EC of The European Parliament and of The Council, Directive 2002/65/EC of The European Parliament and of The Council etc.