• Title/Summary/Keyword: International Charter

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The Development of Attitudes to Historic Conservation - From Eurocentrism to Cultural Diversity -

  • Chung, Seung-Jin;Kim, Chang-Sung
    • Architectural research
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    • v.12 no.1
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    • pp.25-32
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    • 2010
  • This paper investigates the development of attitudes to historic conservation from the turn of the nineteenth century when certain theoretical opinions on the protection of buildings began to be developed, through the time when the Venice Charter was established, to recent international trends in historic conservation. This paper also explores the contribution of these attitudes and ideas towards an international approach for historic conservation. This paper demonstrates that the Venice Charter is the acme of progress in the European stance towards restoration, reflecting European values of architecture and its conservation, and thus it is not sufficiently 'universal' to be unequivocally applied in non-Western countries. Secondly, recent international trends in historic conservation subvert the notions of Western cultural hegemony which have permeated global conservation practices, and accept the diversity of value criteria for heritage and its conservation in different cultural context. Thirdly, this paper argues that the conservation approaches in Asian societies need to move further into the retention and extension of the spirit and naturalistic sensibilities inherent in the architecture. Historic conservation is an expression of different cultural values attached to heritage resources by different societies. For conservation program to be effective, conservation should take place within a socio-cultural context.

A Study on the Liability for Third Party's Damage on the Time Charter-parties (정기용선계약에서 제3자 화물손해 책임에 관한 연구)

  • Shin, Hak-Sung
    • International Commerce and Information Review
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    • v.15 no.2
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    • pp.285-313
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    • 2013
  • By the revision of the Commercial Code of Korea in 1991 and 2007, some provisions for the regulation of Time Charterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standard forms of time charterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. The cargo is lost or damaged, the cargo owner should seek compensation form, or sue, the carrier as, traditionally, under the COGSA, the cargo carrier is responsible for loss of damage of cargo. However, it is difficult to determine who is the responsible carrier under charters. There is no test to determine the carrier, but the courts in every country generally consider the bill of lading. Although the master has general authority to sign bills of lading on behalf of the shipowner, he can also sign bills of lading for, and on behalf of, the charterer. In this case, the charter is considered the carrier. Furthermore, the charterer is authorized to contract with third parties on behalf of the shipowner and, as such, the responsible carrier is the shipowner. Therefore, when determining the carrier we should examine carefully the all factors and the circumstances surrounding the case. Also, negligence of a captain of a time-chartered ship causing damages to a third party. It will analyze the legal character of a time-charter contract, review judicial precedents on time-charter. The Inter-Club Agreement was drawn up and is intended to be a somewhat easier way of allocating liability for cargo claims between owners and charterers and, although there is still scope for disputes to arise, the Inter-Club Agreement does in fact to some extent make the allocation of liabilities for cargo claims easier. Finally, it will also make legislative suggestions to resolve complex issues involving maritime transportation contracts under the current Commercial Code.

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Bill of Lading and Effect of Commercial Arbitration Agreement -With Special Reference to English and American Decisions- (선하증권과 중재합의의 효력 - 영ㆍ미의 판례를 중심으로 -)

  • 강이수
    • Journal of Arbitration Studies
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    • v.12 no.2
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    • pp.303-336
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    • 2003
  • Incorporation of an arbitration clause by reference to other documents occurs in many international business transactions. The reference is either to another document that contains arbitration clause or to trading rules which contain the arbitration clause, without the main contract mentioning that arbitration has been agreed upon. In fact, incorporation by reference in to a contract of an arbitration clause set forth in another agreement is deemed valid in any number of circumstances, even when the parties to the two contractual instruments are not the same. Difficulties arise when, instead of an express arbitration provision, a contract contains a clause which refers to the trading rules of a certain trade association, so-called external arbitration clause. The U.S. courts which will presume that the parties intended to arbitrate under a particular set of rules when they expressly mentioned arbitration in their agreement, have sometimes refused to enforce contract clauses that do no more than refer to particular trading rules, even if these rules contain provisions binding the parties to arbitrate their disputes. The courts in such cases tend to be careful in determinig whether intent to arbitrate is present. In maritime contracts, the arbitration clause in a charter party is often referred to in the bill of lading. Such reference usually is held binding upon the parties to the contract of carriage, their knowledge of such practice being presumed. A nonsignatory may compell arbitration against a party to an arbitration agreement when that party has entered into a separate contractual relationship with the nonsignatory which incorporates the existing arbitration clause. If a party's arbitration clause is expressly incorporated into a bill of lading, nonsignatories … who are linked to that bill … may be bound to the arbitration agreement of others. An arbitration clause in a charterparty will be incorporated into a bill of lading if either - (a) there are specific words of incorporation in the bill, and the arbitration clause is so worded as to make sense in the context of the bill, and the clause dose not conflict with the express terms of the bill; or (b) there are general words of incorporation in the bill, and the arbitration clause or some other provision in the charter makes it clear that the clause is to govern disputes under the bill as well as under the charter. In all other cases, the arbitration clause is not incorporated into the bill.

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Investigation of Wood Species and Conservation Status of Wooden Seated Amitabha Buddha Triad and Wooden Amitabha Buddha Altarpiece of Yongmunsa Temple, Yecheon, Korea (Treasure)

  • CHOI, Jaewan;PARK, Junghae;KIM, Soochul
    • Journal of the Korean Wood Science and Technology
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    • v.50 no.3
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    • pp.193-217
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    • 2022
  • The Wooden Seated Amitabha Buddha Triad and Altarpiece have not been the subjects of definitive species identification and scientific analysis. In this study, visual investigation, portable X-ray fluorescence (p-XRF), species identification, and lacquer layer observations were carried out to determine the original materials and conservation status. Cracks, exfoliation and discoloration were detected during the visual investigation. The p-XRF data indicated that chrome oxide green, malachite, gold, cadmium red, cinnabar, minium, hematite, lead white, ink stick (Carbon), and copper were used for pigments and the coronet accessory. Tilia spp., Abies spp., and Pinus spp. were identified from both the Buddha Triad and Altarpiece. Finally, lacquer layer analyses of the base layer, lacquer layer, orange pigment layer, and gold leaf layer observed modern synthetic pigments likely used in previous conservation. As the Korean Cultural Heritage Charter and the International Charter for the Conservation and Restoration of Monuments and Sites clearly state that objects of cultural heritage must be conserved using their original materials, future conservation of these objects should utilize the data obtained in this study to employ traditional materials. Furthermore, a deterioration map diagnosis can be applied together with the obtained analysis data to understand the conservation status of and inform an appropriate and authentic conservation treatment for the Buddha Triad and Altarpiece.

A Study on the Development of the Korean Army's International Peace Operation :Based on the analysis of African regional conflicts (한국군의 국제평화활동 발전방안 : 아프리카 지역분쟁 분석을 기반으로)

  • Lee, Kang Kyong;Seol, Hyeon Ju
    • Convergence Security Journal
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    • v.19 no.3
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    • pp.117-126
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    • 2019
  • Historically, the United Nations supported the establishment of the government of the Republic of Korea after liberation and played a decisive role in defending liberal democracy and peace by sending peacekeepers during the Korean War. With the political and military support of the United Nations, the Republic of Korea was able to grow into the world's 10th largest economy today, and now it is time to fulfill its responsibilities and roles to contribute to peace and prosperity in the international community as a middle power. The international peace operations of the United Nations are comprehensive concepts encompassing conflict prevention, peacemaking, peace enforcement, peacekeeping, and peace building, and are implemented in accordance with the Security Council resolutions based on the UN Charter. In order to effectively respond to changes in the international security environment and conflict factors after the post-Cold War, the UN promoted a paradigm shift in international peace operations through the 2000 Brahim Report and the 2015 High-Level Panel Report on UN Peace Activities. Therefore, this study aims to assess the Korean military's international peace operations at a limited level, such as reconstruction assistance and humanitarian assistance, and to present development measures for more active participation as a middle power in the future. To this end, we reviewed the history and specificities of conflict, the conflicting factors after the post-Cold War, and the new paradigm of UN peace operations, focusing on the African region where a number of UN peacekeeping missions are stationed. And it also suggested ways to develop international peace operations that the Korean military should pursue in the future.

A Study on the Time of Delivery of Goods and Liability for Mis-delivery in terms of an Ocean Carrier (해상 운송인의 운송물 인도시점과 오인도(誤引渡)에 따른 손해배상책임에 관한 연구)

  • KIM, Chan-Young
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.97-118
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    • 2015
  • This study reviews the judgements by the Korean Supreme Court on the time of delivery of goods, as it depends on which bonded place the goods are kept for the purpose of the customs clearance. Thereafter, this study analyzes the Ocean Carrier's liability, when the cargoes are mis-delivered without the presentation of bill of lading in relation to the specific bonded place such as an independent bonded warehouse or a self-use bonded warehouse. Furthermore, considering that voyage charter is a kind of marine transport, this study also reviews whether or not the Court's judgements, which has been developed in respect of the carriage of affreightment, could be applied to voyage charter in respect of the time of delivery goods and the Ocean Carrier's liability for mis-delivery. Lastly, in the case that the substantial importer takes the goods from the independent bonded warehouse without the presentation of bill of lading after the customs clearance, it is noted that the Court has made the Ocean Carrier liable for the mis-delivery through the application of theory of double deposit contract. The position of the Court would be understandable in terms of the protection for the bona-fide holder of bill of lading, but this study reviews the limitation of liability as the device for the protection of the Ocean Carrier, considering the situation where the Ocean Carrier is somewhat unreasonably sacrificed under the bonded system provided for the convenience of substantial importer.

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Heavy Snowfall Disaster Response using Multiple Satellite Imagery Information (다중 위성정보를 활용한 폭설재난 대응)

  • Kim, Seong Sam;Choi, Jae Won;Goo, Sin Hoi;Park, Young Jin
    • Journal of Korean Society for Geospatial Information Science
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    • v.20 no.4
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    • pp.135-143
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    • 2012
  • Remote sensing which observes repeatedly the whole Earth and GIS-based decision-making technology have been utilized widely in disaster management such as early warning monitoring, damage investigation, emergent rescue and response, rapid recovery etc. In addition, various countermeasures of national level to collect timely satellite imagery in emergency have been considered through the operation of a satellite with onboard multiple sensors as well as the practical joint use of satellite imagery by collaboration with space agencies of the world. In order to respond heavy snowfall disaster occurred on the east coast of the Korean Peninsula in February 2011, snow-covered regions were analyzed and detected in this study through NDSI(Normalized Difference Snow Index) considering reflectance of wavelength for MODIS sensor and change detection algorithm using satellite imagery collected from International Charter. We present the application case of National Disaster Management Institute(NDMI) which supported timely decision-making through GIS spatial analysis with various spatial data and snow cover map.

A Study on The Revision of UCP600 concerning the Sea Transport Documents (UCP 600 해상운송서류(海上運送書類) 규정(規定)의 주요(主要) 개정사항(改正事項)에 관한 연구(硏究))

  • Park, Sae-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.35
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    • pp.71-98
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    • 2007
  • UCP 600 approved at the Banking Commission Meeting of ICC at the end of October, 2006 comes into effect from July 1, 2007. The main revision of the UCP 600 concerning the sea transport document are as follows. First, if the bill of lading contains an on-board-notation, with the date of shipment, the date stated in the on-board-notation will be deemed the date of shipment. Secondly, phrases "on its face" and "otherwise authenticated" should be eliminated. Thirdly, when an agent signs for or signs on behalf of the master, there is no longer a need for the name of master to be quoted. Fourthly, the terminology "loading on-board or shipped on a named vessel" is changed to "shipped on-board a named vessel." Fifthly, phrases "the rejection of the documents transported only by sail" is removed. Finally, new rule in UCP is the signing of a charter party bill of lading by the charterer or a named agent on behalf of the charterer. My assessment of the revision in UCP 600 is as follows: Because a freight forwarder transport document is a weaker form than a liner bill of lading as collateral, banks may need a secure measure as to protect themselves from such a weak collateral effect. we recognize that Such a weak collateral effect stemmed from the elimination of rules in UCP 500 article 30, and the admission of transport documents issued by the freight forwarder as long as any one besides carrier, shipper, and charterer satisfies the requirements of transport document clauses in UCP 600. Finally, I hope the Commentary on UCP 600 will serve to explain the ambiguities remaining in the new rules.

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Analysis of Factors Influencing Oil Tanker Fleet Composition of Domestic Refineries (국내 정유회사의 선대구성에 영향을 미치는 요인의 분석)

  • 백기언;이태우
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2003.05a
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    • pp.257-264
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    • 2003
  • The international oil majors have been reducing the size of their own oil tanker fleet since from the beginning of 1980s. Like international oil majors, the Korean refineries are getting more dependent on tanker chartering than tanker ownership for their oil transportation since 1990s. They also prefer spot charter to time charter and this kind of trend continue up to today. Consequently, this paper attempted to find out factors influencing changes in tanker fleet composition. To attain the object, a empirical study is adopted using the ten decision making factors derived from the preceeding study. The findings are that MARPOL and OPA 90, and transportation cost are the most important factors influencing on oil tanker fleet composition.

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A Study on the Problems and Improvements in the Related Law in order to Introduction of the Electronic Letter of Credit in Korea (한국의 전자신용장 도입을 위한 관련 법률상의 문제점과 개선방안에 관한 연구)

  • Kim, Tae-Hwan
    • International Commerce and Information Review
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    • v.11 no.2
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    • pp.233-257
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    • 2009
  • The 21st century is witnessing the explosive increase in the usage of internet and international electronic transactions. Due to the unique characteristics of the electronic information, substantial part of such transaction can and do take the form of cross-border transactions. However, there have not been settled appropriate set of rules applicable to the international electronic transactions. Currently, in respect to e-L/C transactions in international trade, there are laws such as Electronic Transaction Basic Act in our country, E-Trade Promotion Act, E-Signature Law, Act on Promotion of Information and Communication Network Utilization and Information Protection and Marine Charter 5 in the Commercial Law. Nevertheless, a complete legislation, that is a uniform rule for e L/C which could support e L/C transactions fully hasn't been established yet. Accordingly, those laws concerned need to improve to regulate e-L/C transactions. The purpose of this paper is to look into the national status for law readjustment to prepare for a new electronic environment and to use appropriately the e-L/C issued by electronic means, and to conduct a comparative analysis on the related regulations to introduce a pertinent laws and propose related regulations to contribute to the making of effective laws to regulate e-L/C.

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