• The Korean Journal of Air & Space Law and Policy
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• v.22 no.1
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• pp.163-186
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• 2007

Charter flight in international air law has, from very beginning, not precisely defined by the International Civil Aviation Organization (lCAO) since 1947 when it came into being. By practice, the operation of charter traffic is, in its very beginning, the subject to the regulations of national rules and bilateral charter agreements (charter annex clause) within the framework of normal bilateral agreement of international air services. Taiwan had signed a series of bilateral air service agreement under the name of the Government of the Republic of China when Taiwan was recognized by the United Nations and major members of international community as the sole legal government representing China before 1971, but that situation was changed since then. Taiwan has only maintained diplomatic relations with 25 States, but maintained semi-official relations with major powers of the world. The former agreements were signed within the framework of the Vienna Convention on the Law of Treaties of 1969 while the latter agreements were signed within the framework of administrative and civil law of two countries which were not in the form of bilateral treaty signed by two sovereign States in its proper sense of international law. The legal regime of charter flights between Taiwan and Mainland China is regulated by special arrangements negotiated by delegated airlines and airlines association or private law institutions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.113-132
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• 2014

Judicial decisions make it clear that in all CIF, CFR and FOB contracts, incorporation of charter party into sale contracts is the only effective way for recovery of demurrage in the context of sale contracts. The case law would appear to clarify a number of important issues: The words of incorporation in the sale contract play a vital role in determining the extent of the influence of the charter party principles over the sale contract. Hence, unless it is expressly provided otherwise, the courts tend to apply the charter party principles to the incorporated charter party provisions to the extent that they make sense in the context of sale contract, and that they do not undermine the underlying foundations of international trade law. In this respect the courts also take into account the factual background of the case with a view to objectively ascertaining the intention of the parties. The law is, however, less clear on the effects of the incorporated charter party provisions in sale contracts. There is still no straightforward answer to the question of to what extent the charter party law is applied to the incorporated charter party provisions in the context of sale contracts. The case law on this matter merely provides piecemeal solutions, and it is not possible to extract a general rule which will help interpretation of those charter party provisions which have not yet been subject to litigation or arbitration. Therefore, it should be noted that the parties would prepare Incorporation Clause in their sale contracts in reliance of the rules to achieve the desired results.

• KIEAE Journal
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• v.10 no.3
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• pp.27-35
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• 2010

It has been criticized that the Venice Charter of 1964 characterizes so much of Western value of architecture and its conservation, despite its significant contribution towards an international conservation approach. Since the 1970s some countries have drawn up their own conservation guidelines to supplement the limitations of the Venice Charter. When we review critically those documents, we find a change in the Western dogma of heritage. Although the Burra Charter of 1979(last version in 1999) and the China Principles of 2002 accept the general philosophy and concepts of the Venice Charter but make responses to special local needs. The Burra Charter has redressed a current Western bias which has permeated global conservation practices, responding to the Australian context. The China Principles also meet special national needs but in accordance with recent international practices. For this reason, the Burra Charter and the China Principles are regarded as well established in national conservation practices but also as representing each country's contribution to contemporary international conservation practices.

• International Journal of Contents
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• v.7 no.4
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• pp.70-76
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• 2011

The purpose of this study was to investigate charter school principals' perception on the transformational leadership practices in New York State. The data generating sample consisted of 44 charter school principals. Descriptive statistics and multiple regression were employed to analyze the data. The results were as follows: first, the transformational leadership practices of charter school principals were in the moderate to high categories, and the greatest gap was on Inspiring a shared vision leadership practice. Second, there were no statistically significant relationships between the leadership practices and the demographic variables of: gender, age, ethnicity, and level of education of principals. However, a positive relationship was found between both the Modeling the way and Encouraging the heart leadership practices and the educational level of charter school principals. Third, there was a significant relationship between the Inspiring a shared vision leadership practice of charter school principals and prior experience as a school principal.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.251-280
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• 2008

A party to the charter will not be able to rely upon the doctrine of frustration if an event which makes further performance impossible has been caused by his breach of the charter. Strictly speaking, this is not a situation of frustration at all but rather a case of discharge of the contract by breach. In the Sea Angel case, the defendant entered into a Lloyd's Standard Form of Salvage Agreement with owners of the casualty on the LOF 2000 form, incorporating the SCOPIC clause. The time charter was on the terms of the Shelltime 4 form. This case the trial of the action brought by the claimants owners of the vessel Sea Angel claiming outstanding hire from the defendant charterers. This Case was issued whether charterparty frustrated by refusal of port authorities to issue "No Demand Certificate" allowing port clearance pending payment of oil spillage clean-up costs. The court concluded that no attempt had yet been made to invoke the assistance of the Pakistani court to obtain the release of the vessel. There was not so radical or fundamental a change in the obligation assumed by defendant as to establish frustration. The purpose of this study aims to analyse frustration and time charter in the Sea Angel case.

• Korea Trade Review
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• v.45 no.1
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• pp.119-135
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• 2020

It is well-known that if a claim for damage [Note: Damage can be singular or plural] is made based on a breach of contract, calculating the existence and magnitude of certain profits to be deducted based on the damage can be problematic. In the case of a time charter party, even if the early redelivering vessel by the time charterers constitutes a breach of contract, it is still not an exception. In particular, interest in the shipping business seems to be relatively high in terms of how claims for damage by ship owners have been adjusted. In the case of the New Flamenco, there is a debate over whether or not to deduct the difference between the sale price immediately after redelivering the ship and the sale price upon expiration of the contract from the damage based on the breach of contract for the early time charter redelivery vessel. This paper focuses on this case since it appears to be of practical importance and has implications on how to calculate the amount of damage in the case of cancellation for early redelivery vessel in a time charter party.

• Korea Trade Review
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• v.45 no.4
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• pp.125-136
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• 2020

Freight charges are one of the major clauses in the voyage charter. However, in case of unexpected delays at loading and discharging ports, the owner of the ship would not be willing to cover the various costs he should bear by paying the freight receives from the charterer. Therefore, the shipowner, whose time and the ship would be both considered to be an expense, would try to reduce the laytime as least as possible when signing the charter party and to receive compensation such as demurrage and damage for detention from the charterer, just waiting for the agreed laytime to pass. In this study, we review the differences between demurrage and damage for detention and examine the acknowledgeable circumstances through the actual cases. Since the shipowner and the charterer do not often agree on the damage for detention from the respective contract, it is necessary to examine each. Besides, the shipowner and the charterer must acquaint the damage for detention and specify in a contract, to compensate for the actual loss of the shipowner.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.7-35
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• 2000

The purpose of this paper is to examine the meanings of delivery of each trade term in INCOTERMS 2000, to investigate various kinds of transport document as a proof of delivery, and finally to find their problems. As a result of examination, following problems are considered to happen practically. First, a multimodal transport document referred in FOB term seems to be unappropriate because FOB term can be used in sea or inland waterway transport. Second, Assuming resale in transit in CFR or CIF term, non-negotiable Sea Waybill seems to be inappropriate. Third, As Sea Waybill is not a document of title, it can not be a security when the bank negotiate seller's draft. Fourth, INCOTERMS 2000 deleted the reference to charter party in CFR or CIF term. This deletion may raise any legal problems for the liabilities of carrier when the contradictions happen between the charter party B/L and charter party. Finally, if CFR or CIF means symbolic delivery, other documents besides B/L can not be a symbols of goods.

• Journal of architectural history
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• v.21 no.4
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• pp.25-36
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• 2012

This paper is to review the conclusions of the Athens conference that has so far contributed to the conservation world. It is normally called the conclusions of the Athens conference as the Athens charter. But the conclusions of the Athens are not as same as the Athens Charter regarding the contents. The former had more valuable contents than the latter regarding historic monuments. And the report of the Athens conference including 56 articles and 500 pages with 55 photos was published in 1933 by the International Museums Office. But little attention has been given to the report of the Athens conference. Therefore the point I want to make is to review to the report in order to understand the agenda of the conference and to examine the Anastylosis in Acropolis. In conclusion, these agendas and the articles in the report show us that the conference was sort of milestone with some advanced modern philosophical and technical concepts about conservation and restoration of historic monuments. Also when the term of anastylosis turns to reconstruction in archaeological sites, we are going to face with the problems of authenticity.

• Journal of Korean Society for Geospatial Information Science
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• v.20 no.2
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• pp.109-117
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• 2012

Recently, large-scale multi-hazards have been occurred in the various areas of the world. A variety of Earth observation sensors such as satellite EO, aerial and terrestrial LiDAR have been utilized for global natural disaster monitoring. Especially, commercial satellites which observe the Earth regularly and repeatedly, and acquire images with cm-level high spatial resolution enable its applications to extend in the fields of disaster management from advanced disaster monitoring to timely recovery. However, due to existing satellite operation systems with some limitations in almost real-time and wide regional disaster response, close international collaborations between satellite operating organizations like NASA, JAXA, KARI etc. have been required for collecting satellite images in time through a satellite platform with multi-sensors or satellite constellation. For responding domestic natural disaster such as heavy snowfall and extreme rainfall in 2011, this paper proposes a disaster management system for timely decision-making; rapid acquisition of satellite imagery, data processing, GIS analysis, and digital mapping through cooperation with NDMI in Korea and International Charter-Space and Major disasters.