• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.521-525
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• 2021

An essential area is the creation of a single digital market between the EU and Ukraine through information technology. Purpose: to investigate and analyze civil law relations in the field of adaptation of Ukrainian civil law to civil law regulations of the EU. The object of research: Ukrainian civil law and civil law of the EU. The subject of the study is civil law in the context of adaptation of civil law to the legislation of the EU. The following methods of scientific cognition were used during the research: semantic, historical, comparison, analysis and synthesis, generalization. The results of the study show that the harmonization of the legal system of Ukraine with EU law is caused by several goals: successful integration of Ukraine into the EU, legal reforms based on the positive example of EU countries, promoting access of Ukrainian enterprises to the EU market; attracting foreign investment, increasing the welfare of Ukrainian citizens. The adaptation includes three stages, the final of which is the preparation of an expanded program of harmonization of Ukrainian legislation with EU legislation. In the process of adaptation, it is important to take into account the legal history, tradition, features and mentality of Ukraine and before borrowing legal structures to analyze the feasibility of their application in the Ukrainian legal field.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.275-305
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.227-250
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• 2002

This paper is to explore the direction of international software protection laws, either copyright or patent right, by examining the current situations in the United States, European countries, Asia including Korea and the WTO/TRIPs Agreement. According to the comparative legal systems, each court and office gives both copyrightability and patentability of software by a stronger and appropriate intellectual property protection system.

• Asia-Pacific Journal of Business
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• v.1 no.1
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• pp.73-95
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• 2010

European integration is characterized by the development of a transnational European identity, which is considered an integral part of the process. Northeast Asia has no similar projects to address the common identity issue, although cooperation is highly valued there as well. Identity and cooperation both require interdisciplinary approaches combining social psychology, international relations theory and international economics. This article considers the problems of applying existing studies on cooperation and identity as well as the European experience (with the Baltic Sea example) to the case of Northeast Asia. Transnational identities promote cooperation beyond the limits of rationalistic game theory, if countries of the region can define their identities and interests, commit to common goals, create shared discourses and reach a balance between nationalism and internationalism. In view of proposed negotiations on the free trade area between China, Korea and Japan and ongoing discussions about a possibility of introducing a common currency (ACU) it can be crucial to consider the importance of identity building as early as possible, before regional integration meets a stumbling block of egoistic rationality that is a problem in any model of cooperation.

• Korea Trade Review
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• v.45 no.1
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• pp.83-100
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• 2020

This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.

• Journal of Radiation Protection and Research
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• v.28 no.1
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• pp.65-73
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• 2003

The paper discusses results of recent international intercomparison exercises on internal dose assessments, status of up to date internal dosimetry methods and the radiological legislation developed and implemented in Korea, European Union and Ukraine. The system of radiation protection in Korea is based on the Korean Atomic Energy Regulatory Enforcement on Safety Standards (Ministry Notice No. 2001-2). The notice is based on the recommendations in ICRP Publication 60 (1990) and IAEA Basic Safety Standards (1996). But the full implementation of the notice by the end of the year 2002 is not required because of the socio-economic situation and inexperience in internal radiation dosimetry Regulatory framework for internal radiation dosimetry is under development toward the full implementation of the notice from January 1, 2003. The system of radiation protection in Ukraine is based on the National radiation protection regulatory code NRBU-97. The code was developed and adopted in 1998 and replaced the Regulations of Former Soviet Union. The document is based on the ICRP Publication 60, Euratom Directive 96/29 and IAEA Basic Safety Standards (1996). The transitional period of 5 years (effected till January 2003) is established for implementation of all requirements of this new regulation. The system of radiation protection in the European Community is based on the Council Directive 96/29/Euratom, adopted in 1996 and enforced from 13 May 2000. Directive 96/29/Euratom has the status of the European law.

• Journal of English Language & Literature
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• v.55 no.6
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• pp.1103-1122
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• 2009

In this essay, I compare the ways in which the mid-thirteenth century English romance, Floris and Blancheflour, represents relationships of the Spanish pagan queen to her adoptive Christian daughter who becomes her daughter-in-law, with the ways in which Chaucer's Man of Law's Tale and other so-called Constance romances delineate relationships between mothers-in-law and daughters-in-law. What draws me into these romances is the fact that they both convey the intergenerational relationships of women. However, the texts become distinct from each other in the way in which each depicts women characters and their relationships with one another. In this paper, I argue that the level of intimacy that the mother-in-law figure has with the daughter-in-law figure plays a defining role in making the former perform her agency for or against the latter. In the Man of Law's Tale and other Constance romances, the daughter-in-law figure is in every sense an alien or 'outsider' to the mother-in-law figure. To the contrary, Blancheflour in Floris is a sort of 'insider' to the queen because they lived in the same household for fourteen years-ever since the girl's birth. The queen, therefore, should have a high degree of intimacy with Blancheflour. I argue that the pagan queen's intimacy to the daughter of a Christian-European captive has enabled the queen to protect the girl as her adoptive daughter first and as a daughter-in-law second, namely contributing to her unreserved endorsement of the inter-racial-religious-class union between her only son, Floris, and Blancheflour. This is one major factor that distinguishes the relationship of the queen and Blancheflour in Floris from the dysfunctional relationships of mothers-in-law and daughters-in-law in the late medieval Constance romances, where women of different generations are strangers to each other, and no way is imagined for women of different races and religions to get along with each other.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.201-226
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• 2004

P & I Clubs are mutual and non-profit making insurers which offer shipowners cover for the contractual and third-party liabilities. Whereas most shipowners obtain P & I insurance to cover for their legal liabilities, they also obtain hull insurance to cover against damages to the hull of their vessels from commercial hull insurers. P & I insurance was distinguished from hull insurance in respect that it offered non-limited cover to shipowner member, but there was a serious debate between P & I Clubs in respect of the non-limited cover. A compromise by International Group of P & I Clubs eventually emerged under which, with effect from 20 February 1997, a financial cap was placed on the obligation of each shipowner to pay catasrophe calls to his club(20% of each ship's property limitation fund under 1976 Limitation Convention). Nevertheless many shipowners felt that this new cap on their potential catastrophe call had been set still too high, while others resisted any reduction in the figure established by the compromise. In the Meantime, the European Commission issued a Statement of Objections in June 1997, in which it indicated its objections with a compulsory single limit common th all the Group clubs as high as the 1997 compromise. Eventually the board of all the Group clubs decided that the figure of 20% of the Limitation Convention per ship property funds should be dropped down to 2.5% from 20 February 1999.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.127-145
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• 2011

European Union unilaterally included the emissions from aviation activities into EU ETS on 19 November 2008 by amending Directive 2003/87/EC. According to the Directive all the emissions(mainly against the CO2) from aviation activities shall be subject to the regulation of EU ETS from 2012. For the period from 1 January 2012 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 97% of the historical aviation emission s. From 1 January 2013, the allowances will be reduced to 95%. The allocation of allowances which may be applied by each operator with free of charge will be reduced from 85% to 82% from 1 January 2012 to 1 January 2013. Since the Directive will affect every country's airline industry more or less, the nations and international organizations respond variously. The controversial focus is that whether EU has the right to unilaterally include the emissions from international aviation activities into EU ETS. This article firstly analyzes the effect caused by EU ETS to China's airline industry, and then studies the legality of the action of EU subject to current positive international law, and finally draws the conclusion that EU enjoys no such right to unilaterally include the emissions from international aviation activities.

• International Journal of Advanced Culture Technology
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• v.12 no.1
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• pp.299-304
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• 2024

Human rights problem of refugee is the most important task to be solved in the international society. The United Nations High Commissioner for Refugees (UNHCR) was established in 1950, with the need for cooperation in the face of the European refugee crisis. In 1951, 'The 1951 refugee convention' was signed for the protection of all refugees. Since the 1951 Refugee Convention, a legal framework has been established for responding to refugees. However, the discrimination and persecution of refugees are still lingering. The interest and the political will of many people in the world are needed to solve this problem. This article analyzes what efforts should be made with respect to human rights issues. This article concludes that, when comparing refugee acceptance and Korea, Korea needs to look at the common denominator of refugee law, human rights law, and international humanitarian law while looking at the treatment of refugees and displaced people from an inclusive approach, and reorganize law and policy. Since Korea is expected to gradually require inclusive policies, Korea should also supplement the legal system and take an inclusive approach. Although Korea as a member of the Refugee Convention, the Geneva Convention, and the Supplementary Protocol, has an obligation to enact domestic implementation laws, it does not reflect all of the obligations required by these conventions, so reorganization is needed.