• Title/Summary/Keyword: Geneva Agreement

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Recognition and Enforcement of Arbitral Awards under England Arbitration Act

  • Sung, Joon-Ho
    • 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).

Habitual Fallacy or Intentional Propaganda: Understanding the Mechanism of Re-constructing North Korean Myth (관습적 오류 혹은 의도적 프로파간다: 북한관련 '의혹'의 실체적 진실과 담론 왜곡의 구조)

  • Kim, Sunghae;Lu, Liu;Kim, Tongkyu
    • Korean Journal of Legislative Studies
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    • v.23 no.1
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    • pp.187-226
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    • 2017
  • North Korea discourse is doubtful. A considerable portion is distorted under political objectives, group identity, and interests. Surely, there are facts based on North Korea's conducts. Apparent deceptions commonly exist as well though. Korean media does not endeavor to set the records straight and there are no revision towards mislead information. This is substantially dangerous as it can misjudge North Korean policies, beget national antipathy, and interferes with rational and constructive policy making. This study stems from such concerns and takes such cases as HEU(Highly Enriched Uranium) suspicion of 2002, dispute covering BDA(Banco Delta Asia)'s counterfeiting, and the abandonment of the Geneva Agreed Framework into consideration. The first part concentrates on fathoming the truth of the three cases. References from US government, academia, think tanks, media were inquired with an addition of secondary material from Korea and China. Secondly it examines whether domestic news properly reflects the precedent facts along the process of discovery. The cause and solution suggested by domestic media were organized and inductively reconstituted to frames. The last study questions the structural factors that reproduces suspicion analogs. Today's dangers facing Korean society are essentially not natural but artificial. This research hopes to foster peace by analyzing related discourses that are infamous to reinterpret reality.

A Study on the Counter-Strategy against the North Korea's Nuclear of the South Korean Successive Governments (한국 역대정부의 북핵대응 전략에 관한 연구)

  • Lim, Jong Wha
    • Industry Promotion Research
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    • v.5 no.3
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    • pp.123-134
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    • 2020
  • This study analyses the Korean successive governments' nuclear strategies after the post-cold war and suggests the future countermeasures as analysing to reciprocally interconnect B. Clinton and G.W.Bush governments' policies and North Korea's nuclear strategy. As the conclusion, this study suggests that the most urgent domestic alternative measure to North Korea's nuclear dismantlement is to prepare the grand strategy with the united whole national consensus and to order the renewed stronger future role by the mutual cooperation of multilateral agreement system and international regimes and lastly to adopt the extended deterrence through the reinforcement of the 5 great joint statements between the South-North Koreas.

Changes and Implications of North Korea's Discourse on a Peace Treaty during the Kim Il-sung Era (김일성 시기 북한의 평화협정 담론 변화와 함의)

  • Eun-mi Lee
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.5
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    • pp.307-314
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    • 2024
  • For us, as 2023 marked the 70th anniversary of the signing of the Armistice Agreement, it provided an opportunity to reflect once again on the potential for transitioning the armistice into a peace treaty, officially ending the Korean War, and establishing a peace regime that could promote peace and stability on the Korean Peninsula. Since the Geneva Conference of 1954, North Korea has made various statements regarding a peace treaty. It can be seen that North Korea aimed to strengthen its own power and achieve a balance of power by entering into a peace treaty with South Korea or the U.S. This paper aims to examine the reasons why North Korea, a signatory of the Armistice Agreement of 1953, became interested in forging a peace treaty and to establish the foundation of how North Korea's discourse on a peace treaty has changed over time. By examining cases of North Korea's proposals for an inter-Korean or a North Korea-U.S. peace treaty since the 1954 Political Conference to the period from the 1950s to the 1990s, this paper seeks to explain the background behind North Korea's peace treaty discourse and to consider the implications of these changes for South Korea and the U.S., which would be parties to such a peace treaty. Additionally, the paper aims to explore the implications for South Korea and the United States, not only in relation to North Korea but also considering the United Nations Command and the ROK-U.S. Mutual Defense Treaty, when entering into a peace treaty with North Korea.

The use of JIP test to evaluate drought-tolerance of transgenic rice overexpressing OsNAC10

  • Redillas, Mark C.F.R.;Strasser, Reto J.;Jeong, Jin-Seo;Kim, Youn-Shic;Kim, Ju-Kon
    • Plant Biotechnology Reports
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    • v.5 no.2
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    • pp.169-175
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    • 2011
  • In this study, the JIP test was exploited to assess drought-tolerance of transgenic rice overexpressing OsNAC10. Two types of promoters, RCc3 (root-specific) and GOS2 (constitutive), were used to drive the transcription factor OsNAC10, a gene involved in diverse functions including stress responses. Three-month-old plants were exposed to drought for 1 week and their fluorescence kinetics was evaluated. Our results showed that drought-treated non-transgenic plants (NT) have higher fluorescence intensity at the J phase (2 ms) compared to transgenic plants, indicating a decline in electron transport beyond the reduced plastoquinone ($Q_A^-$). As manifested by negative L bands, transgenic plants also showed higher energetic connectivity and stability over NT plants under drought conditions. Also, the pool size of the end electron acceptor at the photosystem I was reduced more in NT than in transgenic plants under drought conditions. Furthermore, the transgenic plants had higher $PI_{total}$, a combined parameter that reflects all the driving forces considered in JIP test, than NT plants under drought conditions. In particular, the $PI_{total}$ of the RCc3:OsNAC10 plants was higher than that of NT plants, which was in good agreement with their differences in grain yield. Thus, the JIP test proved to be practical for evaluating drought-tolerance of transgenic plants.

Impacts of Tariff Reduction of Timber Products in Non-Agricultural Market Access on WTO/DDA Negotiations in Korea - based on the tentative agreements of WTO/DDA Negotiations - (WTO/DDA협상 NAMA분야의 목재류 관세감축 영향 분석 -잠정타협안을 중심으로 -)

  • Lee, Seong Youn;Jung, Byung-Heon
    • Journal of Korean Society of Forest Science
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    • v.98 no.4
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    • pp.417-425
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    • 2009
  • This study analyzed core issues addressed in the tentative agreement of WTO ministerial meetings held to finish WTO/DDA negotiations in Geneva in July 2008. The objectives of this study are to analyze changes in tariff reduction on timber products, and their influence on demand and supply of the items according to the modality of Non-Agricultural Market Access (NAMA) and to provide basic information for strategy formulation of our country for further WTO/DDA negotiations. The results indicate that there will not be significant changes in the tariff on sawnwood and on veneer sheets, however, the tariff on plywood need to be cut by around 50% from the applicable tariff rates of 2008 on condition that our country is in the position of developed countries. Therefore, the item of plywood is expected to be influenced greatly according to the change in tariff reduction. From the analysis of influence of tariff reduction on the demand and supply of timber products including sawnwood and wood based panels, such as plywood, particleboard, and fiberboard, the import quantities of the items are expected to be changed from 0.8% to 13.3% if our country is in the position of developed countries, however, they are expected to decline by 0.8%~44.3%, if our country is in the position of developing countries (22, coefficient for developing members).

Is this New Paradigm to International Information Order in 21th Century?: The Review of Historical Context and Agenda of World Summit on the Information Society (21세기 국제정보질서의 새로운 패러다임?: 정보사회 세계정상회의(WSIS)의 역사적 맥락과 의제 검토)

  • Kim, Eun-Gyoo
    • Korean journal of communication and information
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    • v.34
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    • pp.34-62
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    • 2006
  • The World Summit on the Information Society (WSIS) was held in two phases. The first phase took place in Geneva, December 2003, and the second phase took place in Tunis, November 2005. The objective of the WSIS was to establish the foundations for an Information Society for all, reflecting all the different interests at stake. In relation to, this article explore the vision and paradigm of WSIS. For this, this article review the historical context of International information order and International agreements, and examine the issues of WSIS. As a result, I recognize, It is valuable that the process of WSIS for Global governance was held among governments and other stakeholders, i.e. the private sector, civil society and international organization. In addition, developing countries's voice are deeply reflected on the WSIS. It is noticeable that ITU played key role as coordinator. However, we are anxious that WSIS's vision for Information society have a bias toward Technology determinism. Eventually, this article argue that WSIS discourse is the lack of any serious and critical structural analysis of the politico-economic context.

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