• 제목/요약/키워드: Gross Disparity

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국제상사계약에 관한 일반원칙(PICC)하에서 현저한 불균형에 관한 법적 기준 (A Study on the Legal Bases for the Gross Disparity under PICC)

  • 윤상윤;심종석
    • 무역상무연구
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    • 제69권
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    • pp.127-151
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    • 2016
  • UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

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지역경제 성장에 따른 지역 내부의 경제적 격차 추정에 관한 연구 (The Impact of Regional Economic Growth on Intraregional Disparities in Korea)

  • 이주한;김동현
    • 지역연구
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    • 제36권3호
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    • pp.29-40
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    • 2020
  • 이 연구의 목적은 지역경제 성장과 지역 내 격차 간 관계를 파악하는 것이다. 우리나라 16개 광역지자체, 수도권, 동남권을 공간적 범위로 하였으며 2005년부터 2016년까지를 시간적 범위로 하였다. 지역경제 성장과 지역 내 격차는 지역내총생산 자료를 이용하였다. 각 공간단위별 패널자료를 구축한 다음 자료의 안정성을 확인하기 위해 패널단위근 검정과 패널공적분 검정을 시행하였으며, 지역경제 성장과 지역 내 격차 간 관계는 DOLS 방법을 이용하였으며, 인과성 검증을 위해서 VECM모형과 그랜져인과관계 검정을 시행하였다. 16개 광역지자체 단위를 대상으로 분석한 결과 지역경제 성장이 진행됨에 따라 지역 내부 격차는 증가하는 것으로 나타났다. 지역 내 총생산이 1% 증가할 때 지역 내부 격차는 1.258% 증가하였으며, 단기 및 장기적 인과관계가 있는 것으로 나타났다. 수도권과 동남권은 모두 지역경제 성장과 지역 내부 격차 증감이 상호 간 인관관계성이 있었으나, 수도권은 격차가 증가하는 양상을 보였으며 동남권은 감소하는 양상으로 나타났다. 본 연구의 결과는 지역 내 격차가 전국적으로 증가하고 있으나 수도권과 비수도권을 대표하는 광역경제권인 동남권의 양상은 서로 다름을 보여주었으며 서로 상이한 성장단계에 있음을 확인하였다는데 의의가 있다.

HY 항원 불일치 췌도 이식에 의한 면역 관용의 유도 (Immune Tolerance in Murine Islet Transplantation Across HY Disparity)

  • 최승은;박정규
    • IMMUNE NETWORK
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    • 제4권1호
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    • pp.53-59
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    • 2004
  • Background: Minor histocompatibility HY antigen, as a transplantation antigen, has been known to cause graft rejection in MHC (major histocompatibility complex) matched donor-recipient. The aim of our study is to investigate the role of male antigen (HY) disparity on MHC matched pancreatic islet transplantation and to examine the mechanism of the immune reaction. Methods: Pancreatic islets were isolated and purified by collagen digestion followed by Ficoll gradient. The isolated islets of male C57BL6/J were transplanted underneath the kidney capsule of syngeneic female mice rendered diabetic with streptozotocine. Blood glucose was monitored for the rejection of engrafted islets. After certain period of time, tail to flank skin transplantation was performed either on mouse transplanted with HY mismatched islets or on sham treated mouse. The rejection was monitored by scoring gross pathology of the engrafted skin. Results: HY mismatched islets survived more than 300 days in 14 out of 15 mice. The acceptance of second party graft (male B6 islets) and the rejection of third party graft (male BALB/c islets) in these mice suggested the tolerance to islets with HY disparity. B6 Skin with HY disparity was rejected on day $25{\pm}7$. However, HY mismatched skin transplanted on the mice tolerated to HY mismatched islets survived more than 240 days. Tetramer staining in these mice indicated the CTL recognizing MHC Db/Uty was not deleted or anergized. Conclusion: The islet transplantation across HY disparity induced tolerance to HY antigen in C57BL6 mouse, which in turn induced tolerance to HY mismatched skin, which otherwise would be rejected within 25 days. The MHC tetramer staining suggested the underlying mechanisms would not be clonal deletion or anergy.

The Impact of Capital Account Openness on Income Inequality: Empirical Evidence from Asia

  • ULLAH, Imran;TUNIO, Fayaz Hussain;ULLLAH, Zia;NABI, Agha Amad
    • The Journal of Asian Finance, Economics and Business
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    • 제9권2호
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    • pp.49-59
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    • 2022
  • The relationship between income inequality and capital account openness is empirically investigated in this study, where macroeconomic variables have opposing effects. Panel data used in the study from the KAOPEN Index and World Bank consists of 28 Asian countries and has been examined; it contains annual observations from 1970 to 2018. The data is examined using a random-effect model based on GMM estimates. Income inequality and capital account openness are positively and significantly related, according to our findings. Overall, the findings imply that increasing income gaps reduced capital investment in nations with large discrepancies. The growing economic discrepancy is being caused by the rich's increasing income share at the expense of the poor. In Asia, inward capital account openness exacerbates income inequality, while outward capital account openness exacerbates it. As a result, income inequality slows economic growth, leading to inflation, unemployment, and increased government spending in several Asian countries. Our control factors, GDP, and other secondary school enrolments, all had a statistically significant negative relationship with income inequality. Income disparity has a positive and statistically significant association with government spending, inflation, population, trade openness, and unemployment. Income disparity has a negative association with capital account openness, gross domestic product, and secondary school enrollment.

국제상사계약의 유효성에 관한 주요국가의 입법례 검토 (Review of Legislation Case in Main Country about the Validity of International Commercial Contract)

  • 류창원
    • 무역상무연구
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    • 제69권
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    • pp.153-178
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    • 2016
  • The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

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