• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.165-188
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• 2010

The repeal of the block exemption for liner conferences and the abolition of any "special EC antitrust regime" for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far to the shipping industry and explains the causes of this historical change. Moreover, based on the precedents which have appeared so far, a general assessment is offered under this new EC regime on agreements restricting competition in the liner shipping industry, in particular horizontal ones: conference and tariff/freight arrangements will be doomed, whereas the legitimacy of consortia agreements should not be cast in doubt; a case-by-case analysis will be the approach as regards exchange or dissemination of information by shipowners in the market, and the relevant case law which emerges on these matters in other industries will be the criterion for their evaluation. Finally, a few remarks are made in respect of the international dimension of the decision to outlaw liner conferences and hence carve out EU Member States from the UN Code of Conduct regime.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.3-29
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• 2009

The PECL have been drawn up by an independent body of experts from each member state of the european union under a project supported by the european commission and many other organizations. Salient features of the general provisions of the PECL, freedom of contract and pecta sunk servanda, good faith and fair dealing, most of the PECL are non-mandatory. The CISG uses the term fundamental breach in various setting. The concept of fundamental breach is a milestone in its remedial provisions. Its most important role is that it constitutes the usual precondition for the contract to be avoided(Art. 49., Art. 51., Art. 64., Art. 72., Art. 73). In addition, where the goods do not conform with the contract, a fundamental breach can give rise to a requirement to deliver substitute goods. Furthermore, a fundamental breach of contract by the seller leaves the buyer with all of his remedies intact, despite the risk having passed to him(Art. 70). Basically, PECL, PICC generally follows CISG, it was similar to all the regulation's platform though the terms and content sometimes differ. For example regarding to the non-performance and remedies, in the case of non-performance, that is the PECL/PICC term analogous to breach of contract as used in the CISG. Furthermore the PECL/PICC used fundamental non-performance refered to in PECL Art. 8:103 ; PICC Art. 7.1.1. correspond generally to the concept of fundamental breach referred to in CISG Art. 25. The main significance of the fundamental non-performance, in any systems, is to empower the aggrieved party to terminate the contract. The need for uniformity and harmony in international commercial contracts can be expected to lead to growth of international commerce subject to the CISG, PICC, and PECL. It is hoped that the present editorial remarks will provide guidance to improve understanding between the contractual party of different countries in this respect and following key-words.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.197-224
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• 2020

This paper reviews and criticizes some issues as to the case of A and Others v. Finnair Oyj [2020] Case C-832/18 by examining EU Regulations and practical point of views. Under this case, the travellers brought an action against Finnair in light of the Air Passenger Regulation12, seeking compensation for both the first cancelled flight, and the delayed re-routed flight. Finnair had paid the first compensation, but refused to grant the second claim, arguing that the regulation did not set out that passengers were eligible for a second claim in those situations, and that the delay of the second flight was a consequence of 'extraordinary circumstances' under the regulation. The Court of Appeal in Helsinki has asked the CJEU whether an air passenger is entitled to a further compensation where a re-routed flight they have agreed to take is delayed, where both the original and rerouted flight are operated by the same air carrier. The CJEU held that the regulation does not in any way limit the rights of passengers where they find their flights being re-routed. As such, under earlier CJEU case law, the relevant travellers here were entitled to compensation for cancellation of the first flight and delay of the second flight. It also disagreed with Finnair's assessment that the technical failure in the re-routing flight was a matter of extraordinary circumstances.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.459-462
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• 2021

The article examines the main problems of land market formation in Ukraine. The article is devoted to the study of problems and prospects of land market introduction after the abolition of the ban on alienation. The advantages and disadvantages of lifting the moratorium on the purchase and sale of agricultural land are highlighted. The experience of such European countries as France, Germany, Latvia, Romania and Poland in regulating the market of agricultural lands is analyzed. The historical stages of market formation, features of state policy in this area are considered. The authors found that in these countries the market for agricultural land is well developed and works effectively, which has positive consequences for the economy of these countries. After analyzing the experience, we identified common elements of an effective mechanism for regulating the land market in European countries, which can be implemented in Ukraine. It is emphasized that after the opening of the land market it is necessary to prevent the concentration of a large number of agricultural lands in the hands of one person or close persons and it is necessary to create an effective supervisory body, whose main functions will be supervising sales prevention of speculation in the land market. Emphasis is placed on the need to improve legislation in the field of land, organizational and informational conditions for land reform. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Circulation of Agricultural Land" was analyzed, the adoption of which put an end to the systematic extension of the moratorium on the sale of agricultural land. The positive aspects of such reservations are noted, such as the gradual introduction of the land market, quantitative restrictions, the lower limit of the value equivalent, which can not be less than the normative monetary value. At the same time, the problem is that the lack of an imperative norm on termination of the lease agreement in case of refusal of the lessee to purchase such land at a price not lower than expert assessment, will negatively affect its price formation and actually make the landlord hostage.

• Journal of Legislation Research
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• no.54
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• pp.303-343
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• 2018

In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.97-116
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• 2007

This article has the objective of studying French ADR System which is unique and peculiar in the world. Nowadays commercial conflict is resolved by litigation or ADR. ADR plays an important part in resolving commercial conflict in the US, England, Germany, Japan and France. Untill now, only French ADR System has not been studied at all in Korea. So we can safely say that it is necessary to research into French ADR System in order to improve Korea's ADR System. This study is composed of Introduction, Concept of French ADR System, Actual Circumstances of French ADR System and Conclusion. The Fundamental system of French ADR is the law of February 8, 1995 that is made up of 82 articles. Among these articles, Judical Conciliation and Mediation are the most important. It is universally admitted by most of legal scholars that judicial conciliation and mediation have the character of contract. Because mutual consent is necessary in order for judicial conciliation and mediation to be effective. French system of judicial conciliation and mediation is provided in French Civil Procedure Law. Judicial conciliation plays an important role in Labor Law and Family Law. In the early part of litigation, the attempt of consiliation can be made very frequently in France. Successful conciliation and mediation are induced into negociation between parties. Arbitration has its long history in Europe. In the medieval times, Western European merchant began to use Arbitration System. After the medieval times had passed, Arbitration System took root in France. But Arbitration System has not so developed in France. On the other hand, Arbitration System has developed to a considerable degree in the US in spite of its short history. It is due to the fact that the French dislike to have recourse to litigation as compared with the Americans. However Arbitration can resolve securities conflict through various institutions in France, which is very similar to the concerned US phenomenon.

• International Journal of Computer Science & Network Security
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• v.22 no.1
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• pp.300-304
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• 2022

The central feature of a digital society is the presence of a significant volume of digital services. The main research-analytical goal of the work is to identify the characteristic features of digital services, to classify and compare various types of digital services, to study the main levers for the development of digital services, the principal determinants of the observance and implementation of digital rights, to identify the dominant threats regarding the violation of digital rights, to analyze the features of legal relations that arise between the supplier and the consumer of digital technologies, consider the available taxation options for the digital economy. The work uses the following methods and research methods: hermeneutic, forecasting, in particular, extrapolation, analysis and synthesis, comparative. Research results: the definition of the concept of "digital service" is given, its main characteristics and types, according to the level of digitalization, the states-leaders are identified, slowing down, promising and problematic, the main triggers of slowing digitalization in some EU countries are investigated, by analyzing the regulatory legal acts of the European Commission on digitalization the strategy of the EU's actions to increase the degree of digitalization was determined, the positive and negative effects of digital services concerning the observance of human rights and freedoms were highlighted, the issue of levying taxes from digital companies was investigated.

• International Journal of Computer Science & Network Security
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• v.21 no.3
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• pp.120-126
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• 2021

The article analyzes the possibility of using information and innovation experience in training public administration specialists, and also explores the system of training public administration and management specialists abroad. It was determined that in the European Union, Japan and other developed countries, three concepts of qualified personnel training will be developed: the concept of specialized training is focused on the present or near future and is relevant for the respective workplace; the concept of multidisciplinary training is effective from an economic point of view, as it increases intra-production and non-production mobility of an employee; the concept of learner-centered learning with the aim of developing human qualities.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.199-239
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• 2010

In 2008, the Korean Supreme Court came across a plaintiff's claim to return his deceased father who had left family more than four decades ago and lived with another spouse(de facto) in the meantime to be buried after death in a cemetery of his own choice. The major opinion decided to approve the claim, on the ground that the first legitimate son should be the "head worshiper" prescribed in the article 1008-3 of the Korean Civil Code and that the corpse belong to the head woshiper, i. e. the head woshiper has a special "limited ownership" over the corpse for the purpose of its burial and worship, adding that a deceased's disposition inter vivos, if any, be only ethically but by no means legally binding others, including the head worshiper of course. Here scrutinized are the historical developments starting from the Roman criminal law of sepulchri violatio(trespass to grave) through the Canon law of the Middle Age and the doctrinal reactions to the challenges of anatomy and surgery to the formation of the "supporting the deceased" theory in Germany as well as the similarities in other european continental countries(Switzerland, Austria and France). The comparative review shows that the right of remaining family could neither be identified as limited "ownership" nor that the controversy over a corpse be solved by exclusively attributing/distributing it to one/some of the descendants. In principle, the question should be approached in the extension of family support.

• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• v.23 no.8
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• pp.888-899
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• 2012

In this paper, we present refarming plans and discuss about Radio Waves Law improvements to promote the efficient use of the 1.8 GHz(3GPP band 3) which is emerging as the best prime band for LTE-FDD service. We think it is important to make use of the entire band for mobile use in accordance with contiguity requirement, especially for LTE such as European countries, which is currently separated between different uses. We present two options with illustrative examples to enable that objective. And we identify several provisions in the Radio Waves Law expected to cause controversy when activates one between two options as the policy, and discuss improvements of those.