• Title/Summary/Keyword: Fifth Jurisdiction

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Comments on the Fifth Jurisdiction under the Montreal Convention 1999

  • Zengyi, Xuan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.195-225
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    • 2009
  • One of the most significant additions to the Warsaw Convention liability system, brought about by the coming into force of the Montreal Convention 1999(MC 99), was the creation of the new so-called fifth jurisdiction, whereby an Article 17 action for damages for passanger bodily injury or death only, may be brought at the option of the claimant/plaintiff. The fifth jurisdiction-the pernanent residence of the passenger at the time of the accident,provided that the carrier has a specified business presence in that jurisdiction-was one of the provisions of MC99 that provoked the most debate at the Montreal Conference leading to the adoption of MC99. Some scholars in China fear that the fifth jurisdiction will be abused after the MC99 came into force to China in 2005. The present article argues that the fifth jurisdiction would not be abused as long as such international private doctrines as forum non-conveniens are applied by the trial court appropriately. The article also points out that the challenge before the legislative body of China is to amend the civil aviation law and other related laws so that to solve the conflicts among the laws and meet the obligations provided by the MC99.

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A Study on the PR Strategy of Public Library (공공도서관의 홍보 전략에 관한 연구- 서울의 공공도서관을 중심으로 -)

  • Lee, Man-Soo
    • Journal of Korean Library and Information Science Society
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    • v.38 no.1
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    • pp.3-28
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    • 2007
  • It is thought that the various PRs of public library are the PR within the jurisdiction. outside the jurisdiction, by print media. by audio-video media. by fixture. by event. by media outlet. by campaign, through cyber space. and through associated organization. But the strategy of PR from this study is followed. First. the team for PR should be organized. Second. the librarian for PR should be distributed. Third, the budget for PR should be raised. Forth. the organizations of community should be made the full use of for PR. Fifth, the media outlet of the community should be made the best use of. Sixth. the news letter published by public library should be utilized. Seventh. the internet homepage of public library should be made good use of.

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The Montreal Convention: A First Impression

  • Sekiguchi, Masao
    • The Korean Journal of Air & Space Law and Policy
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    • v.12
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    • pp.36-65
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    • 2000
  • The Montreal Convention markedly changed the rules governing the international carriage by air of passenger, baggage and cargo. The introduction of a considerable number of modernized major elements including electric ticketing system, the unlimited passenger liability regime and a supplementary (fifth) jurisdiction should help to remove aged scheme that now exists in the Warsaw Convention and other related instruments. The key issue of the electric ticketing system recognized by the Convention IS how to describe reasonably and adequately the terms of written notices, in the light of the principle of consumer protection. Regarding liability regime for passengers, an unlimited passenger liability regime is realized. The carrier, in the first tier, is subject to a strict liability regime of up to 100,000 SDRs, and in the second tire, a regime of presumed fault liability without numerical liability limits. To add to the present four fora, the fifth forum is permitted. Regarding damage resulting the death or injury of a passenger, an action for damages may also be brought in its home territory with the considerably qualified narrow requirements. A strange deviation from the well-established "Procedure for Approval of Draft Convention" carried out by the Legal Committee left a considerable number of unrefined and incomplete passages. In the near future, their modification should be required.

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Study on the Jurisdiction of the National Technical Qualification (국가기술자격 관할영역에 관한 연구)

  • Park, Jong-Sung;Kim, Hyun-Soo;Kim, Deog-Ki;Lee, Young-Ran
    • Journal of Engineering Education Research
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    • v.12 no.2
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    • pp.24-35
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    • 2009
  • This study was conducted to establish a principle on the fields of National Technical Qualification(NTQ), and aimed at developing criteria on requirements of the qualification that will be managed as the national technical qualification. In order to achieve the objective of the study, we examined the directions of setting the Jurisdiction of national technical qualification through role assignment between the state and private sectors. Also, we reviewed related documents, conducted Delphi survey, consulted the expert group and had an interview session for this study. There are five criteria of the jurisdiction of NTQ presented as follows. First is the field which disturbs social orders or has possibility of harming the good public morals; second, the field that requires high standards of ethics or is directly linked to life, health and safety of the public; third, the field which requires national attention for training of manpower as it is an area that is difficult for private sector to approach or it requires national management; fourth, the field which requires repair or maintenance of resources of traditional culture but is difficult for the private sector to have an access to and fifth, the field where it needs to protect the interest of the nation in the inter-nation relationships. The concrete and detailed standard on the five criteria is also presented in the study.

A Study on Jurisdiction under the International Aviation Terrorism Conventions (국제항공테러협약의 관할권 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.59-89
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    • 2009
  • The objectives of the 1963 Tokyo Convention cover a variety of subjects, with the intention of providing safety in aircraft, protection of life and property on board, and promoting the security of civil aviation. These objectives will be treated as follows: first, the unification of rules on jurisdiction; second, the question of filling the gap in jurisdiction; third, the scheme of maintaining law and order on board aircraft; fourth, the protection of persons acting in accordance with the Convention; fifth, the protection of the interests of disembarked persons; sixth, the question of hijacking of aircraft; and finally some general remarks on the objectives of the Convention. The Tokyo Convention mainly deals with general crimes such as murder, violence, robbery on board aircraft rather than aviation terrorism. The Article 11 of the Convention deals with hijacking in a simple way. As far as aviation terrorism is concerned 1970 Hague Convention and 1971 Montreal Convention cover the hijacking and sabotage respectively. The Problem of national jurisdiction over the offence and the offender was as tangled at the Hague and Montreal Convention, as under the Tokyo Convention. Under the Tokyo Convention the prime base of jurisdiction is the law of the flag (Article 3), but concurrent jurisdiction is also allowed on grounds of: territorial principle, active nationality and passive personality principle, security of the state, breach of flight rules, and exercise of jurisdiction necessary for the performance of obligations under multilateral agreements (Article 4). No Criminal jurisdiction exercised in accordance with national law is excluded [Article 3(2)]. However, Article 4 of the Hague Convention(hereafter Hague Article 4) and Article 5 of the Montreal Convention(hereafter Montreal Article 5), dealing with jurisdiction have moved a step further, inasmuch as the opening part of both paragraphs 1 and 2 of the Hague Article 4 and the Montreal Article 5 impose an obligation on all contracting states to take measures to establish jurisdiction over the offence (i.e., to ensure that their law is such that their courts will have jurisdiction to try offender in all the circumstances covered by Hague Article 4 and Montreal Article 5). The state of registration and the state where the aircraft lands with the hijacker still on board will have the most interest, and would be in the best position to prosecute him; the paragraphs 1(a) and (b) of the Hague Article 4 and paragraphs 1(b) and (c) of the Montreal Article 5 deal with it, respectively. However, paragraph 1(b) of the Hague Article 4 and paragraph 1(c) of the Montreal Article 5 do not specify if the aircraft is still under the control of the hijacker or if the hijacker has been overpowered by the aircraft commander, or if the offence has at all occurred in the airspace of the state of landing. The language of the paragraph would probably cover all these cases. The weaknesses of Hague Article 4 and Montreal Article 5 are however, patent. The Jurisdictions of the state of registration, the state of landing, the state of the lessee and the state where the offender is present, are concurrent. No priorities have been fixed despite a proposal to this effect in the Legal Committee and the Diplomatic Conference, and despite the fact that it was pointed out that the difficulty in accepting the Tokyo Convention has been the question of multiple jurisdiction, for the reason that it would be too difficult to determine the priorities. Disputes over the exercise of jurisdiction can be endemic, more so when Article 8(4) of the Hague Convention and the Montreal Convention give every state mentioned in Hague Article 4(1) and Montreal Article 5(1) the right to seek extradition of the offender. A solution to the problem should not have been given up only because it was difficult. Hague Article 4(3) and Montreal Article 5(3) provide that they do not exclude any criminal jurisdiction exercised in accordance with national law. Thus the provisions of the two Conventions create additional obligations on the state, and do not exclude those already existing under national laws. Although the two Conventions do not require a state to establish jurisdiction over, for example, hijacking or sabotage committed by its own nationals in a foreign aircraft anywhere in the world, they do not preclude any contracting state from doing so. However, it has be noted that any jurisdiction established merely under the national law would not make the offence an extraditable one under Article 8 of the Hague and Montreal Convention. As far as international aviation terrorism is concerned 1988 Montreal Protocol and 1991 Convention on Marking of Plastic Explosives for the Purpose of Detention are added. The former deals with airport terrorism and the latter plastic explosives. Compared to the other International Terrorism Conventions, the International Aviation Terrorism Conventions do not have clauses of the passive personality principle. If the International Aviation Terrorism Conventions need to be revised in the future, those clauses containing the passive personality principle have to be inserted for the suppression of the international aviation terrorism more effectively. Article 3 of the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, Article 5 of the 1979 International Convention against the Taking of Hostages and Article 6 of the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation would be models that the revised International Aviation Terrorism Conventions could follow in the future.

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A Study on the Passengers liability of the Carrier on the Montreal Convention (몬트리올협약상의 항공여객운송인의 책임(Air Carrier's Liability for Passenger on Montreal Convention 1999))

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.31-66
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    • 2008
  • Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

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International Traders' Measures against Contract Disputes in International Transactions - Focusing on the Matter of Governing Law (국제무역계약상 분쟁에 대비한 무역실무자의 대응 - 준거법문제를 중심으로 -)

  • Heo, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.51-82
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    • 2010
  • The "rules of private international law" or "conflict of law rules" work to determine the governing law, the law applicable to international contracts. These rules permit parties' autonomy to choose the law applicable to their contracts in cases of both litigations and arbitrations. In this regards, the present article examines parties' five options for the choice of the law governing their contracts, which the parties should consider when negotiating and drafting an international agreement. This means that parties in international contracting should check the contents of the law that they are to choose as the governing law before doing so. The first option is to submit the contract to its own law, which can be the safest and simplest solution generally. However this option is subject to the consent of the other party, and is not appropriate when the domestic law chosen contains mandatory rules strongly protecting the other party. Secondly, the option of choosing the other party's law is not preferable in general. Even though the other party is strong enough to succeed in insisting on applying its own law, the other party is advised to counter-offer a neutral solution by suggesting the application of a transnational set of rules and principles of international contract, such as Unidroit Principles. The third option to choose the law of a third country should be taken with the caution that it should be harmonized with either, in case of litigations, the international jurisdiction clause which makes the country chosen have the jurisdiction over the dispute arising under the contract, or, in case of arbitrations, the way of selection of the arbitrator who has good knowledge of the law chosen. The fourth option of submitting the contract to the lex mercatoria or the general principles of law including the Unidroit Principles can be a advisable solution when a dispute is designed to be submitted to experienced arbitrators. The final and fifth is to be silent on the choice of the governing law in contracting. This option can be usefully available by experienced negotiators who are well familiar with the conflict of laws rules and enables the parties to avoid the difficulties to agree on the governing law issue and leave it open until a dispute arises.

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A Study on the Draft and Issues for the Revision of UNCITRAL Arbitration Rules (UNCITRAL 중재규칙 개정안의 내용과 쟁점에 관한 연구)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.43-70
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    • 2007
  • The purpose of this paper is to make research on the contents and discussions of the draft of revised UNCITRAL Arbitration Rules that have been discussed and considered by the Working Group. At its thirty-ninth session (New York, 19 June-7 July 2006), the Commission agreed that, in respect of future work of the Working Group, priority be given to a revision of the UNCITRAL Arbitration Rules (1976). At its forty-fifth session (Vienna, 11-15 September 2006), the Working Group undertook to identify areas where a revision of the UNCITRAL Arbitration Rules might be useful. At that session, it was considered that the focus of the revision should be on updating the Rules to meet changes that had taken place over the last thirty years in arbitral practice. The largely amended provisions of the draft of revised UNCITRAL Arbitration Rules are as follows : Notice of arbitration and response to the notice of arbitration (Article 3), Designating and appointing authorities (Article 4 bis), November of arbitrators (Article 5), Appointment of arbitrations (Article 6), Appointment of arbitrators in multi-party arbitration (Article 7 bis), Challenge of arbitrators (Article 9), Replacement of an arbitrator (Article 13), Pleas as to the jurisdiction of the arbitral tribunal (Article 21), Interim measures (Article 26), Form and effect of the award (Article 32), and Liability of arbitrators (Proposed additional provisions). There are some differences between the draft of revised UNCITRAL Arbitration Rules and the KCAB Arbitration Rules. In order to jnternationalize the Korea's commercial arbitration system, it is desirable that the main articles of the draft of revised UNCITRAL Arbitration Rules should be admitted to the KCAB Arbitration Rules. In conclusion, the Commission was generally of the view of any revision of the UNCITRAL Arbitration Rules should not alter the structure of the text, its spirit, its drafting style, and should respect the flexibility of the text rather than make it more complex. The Working Group agreed that harmonizing the provisions of the UNCITRAL Model Law should not be automatic but rather considered only where appropriate.

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Research on the Actual Conditions of Elementary Schoolchildren's Internet Addication and Teachers' Consciousness of It (초등학생의 인터넷 중독에 대한 실태와 교사들의 인식에 관한 연구)

  • Bae, Young-Kwon;Ahn, Seong-Hun;Kim, Gyu-Seog;Kho, Dae-Ghon
    • The Journal of the Korea Contents Association
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    • v.8 no.4
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    • pp.285-293
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    • 2008
  • Internet addiction is currently regarded as a problem for its negative function in the information-oriented society. Particularly in cases of elementary schoolchildren in their growth period, it is very important to grasp the schoolchildren's conditions in advance and guide them on a systematic basis before they get into the habit of addiction to the Internet. For this purpose, several research papers have already discussed the seriousness of Internet addiction. This research is aimed at conducting a positive research work on to what extent such academic research results had affected educational fields, and also at what level the seriousness of Internet addiction is staying at the present moment. For this, this research conducted a survey of the Internet addiction level for fourth, fifth, and sixth graders totalling in 448 from one elementary school located within the jurisdiction of Gyeongsangbuk-do through the on-line system and questionnaires from March 31 to April 3, 2008. And also looked into the level of perception on Internet addiction for 29 teachers within the surveyed school. The results of this study show that 90.1 percent(408 children) of the surveyed children were a member of a general user group. Such aspects are thought to have resulted from some factors that functioned in a positive way, such as teachers' proper perception on Internet addiction and their proper guidance against this, and plenty of conversation at the children's homes, and the children's smooth relationship between their friends and teachers.

Review of Geography Books for Joseon Dynasty Urban Research - Focused on Donggukyeojiji, Yeojidoseo, Yeodobiji and Daedongjiji - (조선시대 도시연구를 위한 지리지(地理志)의 기초연구 - 『동국여지지(東國輿地志)』·『여지도서(輿地圖書)』·『여도비지(輿圖備志)』·『대동지지(大東地志)』를 중심으로 -)

  • Kang, Seo-Yeon;Yoon, In-Suk
    • Journal of architectural history
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    • v.21 no.5
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    • pp.33-46
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    • 2012
  • The purpose of this study lies on reinterpreting the geography books in Joseon dynasty as records of the cities and consequently suggesting directions for further urban research. Geography books of Joseon dynasty are valuable references to understand the national policy, and imply that the focus of the contents is on the system. Especially, military system is an important concept to understand city type in that period, relationships between cities, selection of location, etc. The results of review are as following: First, military system is not a permanent fixture and therefore reflects changes in urban policies along with the history. The system suggests valuable clues on urban development as it is state-run, and closely associated with national land development. Second, counties and prefectures under jurisdiction of district called Eupchi(邑治) had cities as important as or even more important than local government such as Yeong-a(營衙), Jinbo(鎭堡), Yeok(驛: administrative cities). Such special regions need to be studied as other type of cities in Joseon dynasty by defining their architectural characteristics and roles. Third, the relationship of cities such as Eupch, Yeong-a, and Jinbo, was reorganized according to the local military system. Eupchi, administrative city, along with Yeong-a and Jinbo evolved into a military city as it became systematically organized. The characteristics of Yeok needs to be reconsidered in the context of such new inter-city relationship. Fourth, considerations which should be reviewed in the geography based on this concept can be mainly classified into architecture and landscape. This will also lay the foundation, and suggest new directions for further research for Eupchi, Yeong-a, Jinbo, and Yeok. Fifth, description of the geography looks simple at first sight, but with thorough understating on the system, there are chances to interpret objective reasoning of position and landscape in the overall flow of region, area, etc. Bongsu(烽燧), signal-fire, can be an object of comparison with geographical features and position. Furthermore, advantageous position is a historical and geographical element showing the major context of the region.