• 제목/요약/키워드: International Conflicts

검색결과 328건 처리시간 0.024초

동해에 있어서 한국과 일본 오징어채낚기어업의 재편방향 (Reorganization of the International Fisheries Regime in the East Sea - Case by Korea and Japan Squid Angling Fisheries -)

  • 김대영
    • 수산경영론집
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    • 제32권2호
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    • pp.51-72
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    • 2001
  • This study intends to review the development of Squid Angling Fisheries of Korea and Japan and subsequent changes in the fisheries regime as well as management conditions and to examine reorganization directions. Although catches and productivity are all increasing in Korea and Japan as the squid resource in the East Sea is improving, the number of fishing vessels and the conditions of fisheries management are showing a symmetrical relationship. The former is increasing in Korea and decreasing in Japan while the latter is aggravating in Korea and rather stable in Japan. And while the competition between the two countries for more fishing grounds and catches are not that serious since the resource is relatively increasing, the catch and price competition with other domestic fisheries is a more significant problem. Furthermore, even though light restriction is implemented in both countries in order to suppress over-competition, it is adopted as a means to curtail management costs and block over-investment rather than to adjust international or inter-fisheries circumstances. Japan has been implementing the TAC system on squid resources since 1998. However, it has a different meaning than as a resource management method in its original sense because it is based on the highest catch level of the past and takes into consideration the fishermen's management conditions. In case of Korea, it is necessary to establish a plan to strengthen its fisheries management competence to address its shrinking catch in the Japanese waters. The developments mentioned so far have appeared amidst the increase of squid resources, and if such conditions disappear, problems such as international allocation of catches and fishing seasons, access to fishing grounds, and domestic conflicts among different fisheries will emerge.

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중재계약의 법적 효력에 관한 연구 (A Study on The Legal Effect of Arbitration Agreement)

  • 박종삼
    • 한국중재학회지:중재연구
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    • 제19권3호
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    • pp.25-42
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    • 2009
  • That occur in international trade disputes between the parties without resorting to a court trial on the basis of principle of government by the parties to resolve the dispute resolution in general (Alternative Disputes Resolution: ADR) agreed to, reconciliation, coordination, mediation and other methods are. Here, unlike arbitration and other dispute resolution arbitrator, the court confirmed the arbitration award came from the judge and the same shall become effective in doing international commerce dispute resolution methods are widely used. Arbitration Agreement is a contractual dispute, regardless of whether a certain law there arise about the relationship between the parties, Currently exists, future conflicts can arise in whole or in part by the arbitration agreement is to be resolved. Arbitration agreement include: the effects of out of contract arbitration proceedings, the court does not want the progress of the dispute referred to arbitration proceedings to the effect, and the presence of the parties to the arbitration agreement does not claim to knowing the defense plea that Appeals ticket of destruction that have the effect of demurrer, that the arbitration agreement are rebuttal to the rebuttal of prozesshindernde Einrede and the mediation of a plea on the merits when the first defense must be submitted to the arbitration proceedings in which the applicant until the arbitration award determined that the property dispute to court for water conservation measures to dispose of the watch was in effect for arbitration in the contract. In addition, the arbitration agreement and the court sentenced the same kinds of effects that resolved the final effect, especially at the same time the effect of foreign recognition and enforcement of the decision regarding the New York Convention arbitration award based on the recognition and enforcement of domestic and international effects are being recognized. Consequently, the arbitration agreement to take effect a valid arbitration agreement exists is determined by whether or not staying. Therefore, agreements between individual university entrance exams based on the company signed a contract regarding the effect of arbitration first, associated with individual university entrance exams, and the leading research and analysis, review, and examine the general concept of the arbitration agreement after the arbitration agreement between the parties focuses on information about the effects of study to contribute to the activation of the arbitration system is aimed at the individual university entrance exams.

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An Empirical Study on Trade Claim Management from a Relational Perspective

  • Yu, Cheon
    • Journal of Korea Trade
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    • 제23권6호
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    • pp.14-32
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    • 2019
  • Purpose - This study is designed to provide new insights on trade claim management by typifying trade claims from a relational perspective, which defines trade as an organic combination that exchanges relationships based on a mutual goal instead of conflicts between obligations and rights of the contracting parties. Design/methodology - This is a phenomenological study that aims to typify trade claims based on a relational perspective and extract implications for trade claim management. The research procedures of this study are as follows. First, international commercial dispute cases applying the CISG are collected. Second, the cases collected are quantified through content analysis. The variables for quantification are developed based on a relationship perspective. Third, cluster analysis is conducted on coded data to typify cases. And finally, this study compares the characteristics of each type using analysis of variance and suggests implications for the strategic management of trade claims from a relational perspective. Findings - Results show that trade claims are divided into four clusters, depending on whether flexibility is accepted or not and which party violates mutuality. There is also a difference between the claimant and the cause of the claim, according to the cluster. Based on the results, this study suggests that the buyer and the seller should employ different strategies depending on the type of trade claim and presents proposals for strategic claim management. Originality/value - Firstly, this study extends the theoretical discussion on trade claims by applying relational contract theory. Prior studies on trade claims have been primarily based on traditional contract theory. The second is to analyze trade claims quantitatively. Prior case studies on trade claims have mainly relied on qualitative research. Finally, the study contributes to international commercial practice by typifying trade claims and presenting options for strategic management.

Digital Marketing in the Condition of Wartime Posture in Ukraine

  • Dubovyk, Tetiana;Buchatska, Iryna;Diachuk, Iryna;Zerkal, Anastasiia
    • International Journal of Computer Science & Network Security
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    • 제22권7호
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    • pp.206-212
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    • 2022
  • Strengthening global geopolitical instability in the world leads to an aggravation of international conflicts; it destabilizes the domestic political situation in countries, violates the rights and freedoms of man and citizen, and also activates economic crime. The full-scale invasion of the Russian Federation on the territory of Ukraine and the deployment of military operations in a large territory of a sovereign country have created a number of destabilizing factors in the development of digital technologies and negatively affect the state and trends of digital marketing, which allows establishing interaction with a wide audience and facilitating the search for new customers in various places. The purpose of the research lies in substantiating the theoretical and applied principles for studying the features of digital marketing in the conditions of wartime posture in Ukraine. In the course of the research, general and special methods of economic analysis have been used and applied, namely: analysis and synthesis; analogies and comparisons; generalization and systematization; graphic and tabular methods. Regarding the results of the research of digital marketing in the conditions of wartime posture in Ukraine, it has been established that the intensification of the development of digital marketing is caused by the crisis phenomena of social-economic, social-political and military nature, as well as exacerbated by the challenges of the COVID-19 pandemic. It has been proven that highly developed countries use innovative digital technologies more effectively in the field of marketing, which indicates the importance of the Multidimensional Index of Digitization (the USA - MID: 0,92-0,92; the UK - MID: 0,80-0,97; Japan - MID: 0,80-0,88; Canada - MID: 0,78-0,81; Germany - MID: 0,78-0,88; France - MID: 0,72-0,76), however, the developing countries record much lower values (Ukraine - MID: 0,22-0,48). Accordingly, the level of cybersecurity in highly developed countries is also significantly higher than in transitive countries, in particular, in the United States (GCI: 0,919-0,999); Great Britain (GCI: 0,783-0,995); Canada (GCI: 0,818-0,978) and in Ukraine (GCI: 0,501-0,661).

러시아의 군사안보전략과 우크라이나 (Russian Military Security Strategy and Ukraine)

  • 김용환
    • 국제지역연구
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    • 제13권2호
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    • pp.47-72
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    • 2009
  • 소련 해체와 이에 따른 냉전 종식 이후 러시아는 미국이 주도하는 국제질서 속에서 자국의 국가이익에 맞는 역할과 위상을 모색해 왔다. 미국의 세계정책에 조건부로 공조하기도 하고, 옛 소련지역을 포함하는 포스트소비에트 공간에 대해서는 자국의 이익을 보호하고 영향력을 복원하려는 적극적인 노력도 경주하고 있다. 그 이유는 포스트소비에트 공간은 에너지 자원 확보와 국제정치 행위자들의 영향력 증대 및 제 국가의 국제사회 위상 제고 등을 둘러싸고 21세기 새롭게 부각하는 러시아와 미국을 위시한 서방세계의 세력 각축장이라고 할 수 있기 때문이다. 특히, 포스트소비에트 공간의 추축국으로 인식되었던 우크라이나는 전통적인 배타적 영향력을 유지하려는 러시아와 소련 해체 이후 지속적으로 영향력을 확대하고자 하는 미국 및 서방 세력이 충돌하며 '신냉전'적 세력경쟁의 양상이 표출되는 지역이다. 이 글은 러시아가 구사하는 군사안보차원의 전략과 정책은 무엇이며, 이것이 포스트소비에트 공간의 주요 국가인 우크라이나에서 어떻게 투사되고 있는지, 그리고 이 과정에서 표출되는 우크라이나 및 서방과 러시아의 갈등 요인은 무엇이며, 그 양상은 어떻게 전개되고 있는가에 대해 고찰하고 있다.

집단안보체제의 형성 및 발전요인과 동아시아 안보체제의 변화 가능성 연구 (A Study on the Formation and Development of Collective Security System and the Possibility of Security System Shift in East Asia)

  • 오동건
    • 해양안보
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    • 제7권1호
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    • pp.1-29
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    • 2023
  • 동북아시아에서는 '바큇살 구조'라 불리우는 미국 중심의 양자동맹체제가 지속되고 있다. 그러나 최근 급변하는 동아시아의 국제정세와 이에 대응하기 위해 국가들 간 다각도로 협력하는 양상들을 보았을 때, 이러한 동맹체제의 변화 가능성에 대해서 진단해 볼 필요성이 제기되었다. 따라서 본 연구에서는 주 위협, 위협의 강도, 국가 간 신뢰도라는 요인을 바탕으로, 유럽과 동남아시아의 집단안보체제에 관한 사례연구 및 비교분석을 통해 이에 대한 영향을 분석하였다. 본 연구는 이를 바탕으로 동북아에서의 안보체제 변화 가능성에 대해서 연구를 진행하였으며, 현재의 갈등이 지속적으로 악화된다면 동북아를 넘어 동아시아 전반에서의 집단안보체제가 형성될 가능성이 분명히 존재한다고 보았다.

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공서양속에 반하는 중재판결: 경제제재에 대한 분석을 중심으로 (Arbitration awards against public policy; in regards to economic sanctions)

  • 한수민;김진비;이재혁
    • 한국중재학회지:중재연구
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    • 제34권1호
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    • pp.27-50
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    • 2024
  • This paper examines issues concerning conflicts between arbitral awards and public interests, particularly with respect to economic sanctions. Sanctions have been widely used by political entities, such as States and organizations, as means to promote public interests and to resolve cross-border disputes. In particular, economic sanctions have been increasingly more visible in recent years due to the accelerating fragmentation of the international communities, and their magnitude and range of the impacts have grown accordingly. For example, the U.S. and the EU have imposed economic sanctions on Russia and related persons in response to Russia's invasion of Ukraine. The U.S. recently re-introduced a comprehensive economic sanction on Iran. One of the notable impacts of the sanctions, particularly economic sanctions, is that on international arbitration. Sanctions are essentially built on the notion of the protection of public interests, and public interests are some of the few grounds upon which recognition and enforceability or arbitral awards may be rejected. However, jurisprudence on such conflict between sanctions and arbitral awards have not been sufficiently addressed in Korea because court case and administrative decision records on this conflict have not been sufficiently accumulated. In this regard, this paper begins with offering a survey of the concept of public interests, economic and trade sanctions, arbitral awards and their enforceability, and the relationships between them. It then examines the mechanism upon which public interests, trade and economic sanctions may lead certain arbitral awards unenforceable. Next, the paper suggests judiciaries' balanced approach toward the public interests protected by trade and economic sanctions and the predictability and fairness in the enforcement of arbitral awards. Finally, this paper concludes with the methods of the implementation of such balanced approach.

WTO 보조금 분쟁을 대비한 수출신용제도 운영방안에 관한 연구 (A Study on the Operation of Export Credit Policy preparing for possible WTO ASCM Disputes)

  • 오원석;김필준;백승택
    • 무역상무연구
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    • 제57권
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    • pp.283-303
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    • 2013
  • When a trade conflict arises related to an officially supported export credit programme, The World Trade Organization(WTO), decides on whether the programme is a forbidden subsidy stipulated in the Agreement on Subsidies and Countervailing Measures(the ASCM Agreement). Korea was taken to the WTO panel two times for the export credit programme. One is the semiconductor case in 2002 and the other was the shipbuilding disputes in 2004. And, In 2012, the U.S. Commerce Department ruled K-SURE's export insurance for Korean refrigerator manufacturers as a forbidden subsidy even if the case was not taken to the WTO. This paper examines the significance of export credit programmes on the WTO ASCM Agreement and discusses how to operate these programmes so they would not infringe upon the Agreement by analyzing the actual cases of WTO subsidy conflicts that involved Korean enterprises in relation to export credit programmes for the purpose of determining the related issues and impacts. From this research the results were as follows: First, on whether export credit is a prohibited subsidy, the deciding factor was whether a benefit has been conferred to the beneficiary. On the presence of a benefit, the WTO panel used market benchmarks as the main criteria. Thus, official export credit agencies(ECAs) should be careful not to provide export credit support which had been granted to the beneficiary at better than market terms. Second, in the case of export credit, the special status of ECA as a public body receiving government support itself does not constitute a subsidy. However, caution must be taken not to provide export credit that may lead to WTO ASCM subsidy conflicts involving a certain exporter or industry by setting up clear and valid regulations and fair work processes in the operation of export credit programmes. Third, item (j) of Annex I cannot be interpreted reversely as this item is for interpreting the presence of a prohibited subsidy, not the presence of a benefit. Thus, an export credit program that confers a financial contribution, a benefit and specificity, could qualify as a prohibited subsidy. Fourth, ECAs not only have to maintain long-term account balance but also introduce additional measures to meet this long-term balance such as a clear and systematic premium system. Finally, export credit programmes that are not defined in item (j) of Annex I of the ASCM Agreement would not deemed as an prohibited export subsidy as long as the continued support of the programmes are not being forced.

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전시작전통제권 단독 행사 추진의 방향 (Directions in Promoting Independence in Operational Control)

  • 박승식
    • 안보군사학연구
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    • 통권4호
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    • pp.351-379
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    • 2006
  • Former ministers of national defense and foreign affairs, intellectuals such as former and incumbent professors, and various NGO groups are demanding the South Korean government to stop promoting independence in operational control which is currently held by the United States Armed Forces in Korea commander. Although the Korea should exercise operational control independently in the future, orientation on the direction which should be taken under consideration in promoting this transfer should be assumed. First of all, South Korea must sufficiently examine the criticisms and dissenting opinions, and reflect them in promoting independence in operational control. From now on, the South Korean government should reflect the opinions of experts in operational control, and must promote the transfer with national consensus. Unilateral enforcement of the transfer may cause serious errors and aggravate conflicts Second, ROKA's exercise of independence in operational control should take place only after gaining restraint on North Korea's attack against the South, and the issues on nuclear weapons and weapons of mass destruction(WMD) has been resolved, and a peace regime has been reached. Furthermore, exercise of independence in wartime operational control should be promoted only if there is a guarantee that international trust and the military collaboration will be restored to a level beyond the present state. Third, the USFK and the Korean-US alliance is providing South Korea with national security, not to mention tremendous diplomatical, and economical benefits However, if the alliance between the two countries become weakened due to the exercise of the independence in operational control, we might suffer a great deal of loss. Even though reasonable justification and external independence may be gained through promoting independence in operational control, it should be promoted in a longitudinal manner because national security problems and conflicts may be intensified, and there is no actual profit in doing so. Fourth, if the Korean-US alliance becomes weakened and therefore the United States decides to discuss eastern-asia strategies, North Korea deterrence strategies, and Japanese rearmament issues with other neighboring countries, South Korea may become diplomatically isolated and a subordinate to surrounding countries, destroying the independence we have now instead of restoring it Therefore searching for means to reinforce international trust and collaboration between South Korea and the United States, and leaving ROKA’s independence in operational control as a long term objective would be a more realistic method.

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Application of Art Therapy with Usage of Distance Education in the Process of Specialists Professional Training

  • Klepar, Maria;Khomyak, Hryhoriy;Kurkina, Snizhana;Ishchenko, Liudmyla;Bai, Ihor;Lashkul, Valerii;Bida, Olena
    • International Journal of Computer Science & Network Security
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    • 제22권9호
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    • pp.251-257
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    • 2022
  • Nowadays, the issues of comprehensive formation of a person capable of self-education, self-development and creative self-realization in the conditions of distance education are relevant. There is a need to solve this problem, which is due to social, cultural, and pedagogical factors. This makes it necessary to find effective means of personality formation. In this matter, great importance is attached to the modern method of forming a creative personality - art therapy. Various approaches to the definition of art therapy have been clarified. They consider various forms of art therapy when working with children, adolescents and adults in the context of distance education. The most relevant are the two main forms of work - individual and group art therapy. Art therapy develops the individual's creativity. Therefore, during art therapy, attention is focused on the inner world, experiences, and feelings. Therefore, we believe that in the context of distance education, art therapy has everything for the powerful potential of personality formation. Scientists consider this therapy as therapy by means of art, which is based on experiences, conflicts that can be expressed in the visual arts and music. Art therapy helps to get rid of conflicts and experiences. This happens in the context of distance education through the development of attention to feelings, strengthening one's own personal value and increasing artistic competence. The article describes the signs that characterize art therapy. Art-therapeutic technologies in the context of distance education, which are now actively used by psychologists, teachers and art therapists themselves, are highlighted. The advantages of distance learning are considered. The characteristic features of distance learning and features of the use of art therapy by means of distance education in the process of professional training of specialists are determined.