• Title/Summary/Keyword: Gross Disparity

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

  • YOON, Sang-Yoon;SHIM, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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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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The Impact of Regional Economic Growth on Intraregional Disparities in Korea (지역경제 성장에 따른 지역 내부의 경제적 격차 추정에 관한 연구)

  • Lee, Ju-Han;Kim, Donghyun
    • Journal of the Korean Regional Science Association
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    • v.36 no.3
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    • pp.29-40
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    • 2020
  • The aims of this study to identify the relationship between regional economic growth and intraregional regional disparities. The 16 metropolitan area, the Capital region and the southeastern region of Korea were put in the spatial scope and the time range from 2005 to 2016. Regional gross domestic product data were used to show regional growth and intraregional disparity. Panel data for each spatial unit were established, panel unit root test and panel cointegration test were conducted to check the stability of the data. The DOLS method was used to identify relationship between regional economic growth and intraregional disparity, and the VECM model and Granger causality test was conducted to verify causality. The result of analysis of 16 metropolitan area units showed that the intraregional disparity increases as regional economic growth progresses. When the regional gross domestic product increased by 1%, the intraregional disparity increased by 1.258%, and there are short-term and long-term causality. Both the Capital region and the southeastern region had a mutual relationship between regional economic growth and intraregional disparity, but the disparity in the Capital region showed an increase and the southeastern region showed a decrease. The results of this study show that the regional disparity is increasing nationwide, but the Capital region and the southeastern region showed different stages of growth.

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

  • Choi, Seung-Eun;Park, Chung-Gyu
    • IMMUNE NETWORK
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    • v.4 no.1
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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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    • v.9 no.2
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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.

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

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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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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