• Journal of Arbitration Studies
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• v.25 no.4
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• pp.3-23
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• 2015

The Chevron saga including Chevron/TexPet v. Ecuador, PCA Case No. 34877(hereinafter referred to as "Chevron I") and Chevron/TexPet v. Ecuador, PCA Case No. 2009-23(hereinafter referred to as "Chevron II") started out of domestic litigations between TexPet and Ecuador in the early 1990s. In Chevron I, the Tribunal decided that Article 2(7) of the U.S.-Ecuador BIT on effective means of provision was breached because of undue delays in the seven legal proceedings TexPet had brought against Ecuador in respect to contractual obligations. In Chevron II, it was contended that through the actions and inactions of the judiciary and the executive, Ecuador breached her several obligations under the BIT. Ecuador objected to the jurisdiction of the Tribunal because TexPet's investment was terminated in 1992, and because Chevron is not a party to the 1995 Settlement Agreement and 1998 Final Release. In its Interim Award on Jurisdiction and Admissibility, the Tribunal applied a prima facie standard to the facts alleged by the Claimants but denied by the Respondent, and decided that questions in respect of the Respondent's jurisdictional objections should be joined to the merits under Article 21(4) of the UNCITRAL Arbitration Rules. In the merits phase of Chevron II, the Tribunal divided the merits of the Parties' dispute into two parts, entitled "Track 1" and "Track 2". In its Partial Award on Track 1, the Tribunal decided that Chevron is a "Releasee" under the 1995 Settlement Agreement. In a decision on "Track 1B", the Tribunal decided that the Lago Agrio complaint cannot be read as pleading "exclusively" or "only" diffuse claims, and that, to this extent, the Claimants' reliance on the 1995 Settlement Agreement as a complete bar to the Lago Agrio complaint must fail, as a matter of Ecuadorian law. The Tribunal maintained the position that the Parties' disputes on both merit and jurisdiction should be reserved for Track 2. It remains to be seen how the Tribunal addresses the Claimants' allegations of multiple denials of justice under international law against the judgments of the Respondent's Courts, together with the Respondent's jurisdictional objections in Track 2 of the arbitration.

• Journal of the Korean Society for Marine Environment & Energy
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• v.16 no.2
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• pp.143-150
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• 2013

The Honolulu Strategy is a framework document to address marine debris issue globally. The Fifth International Marine Debris Conference held in March 2011 and organized by NOAA and UNEP catalyzed the development of the Holonulu Strategy. Goals of the Strategy are to reduce the amount and impact of land-based, sea-based, and accumulated marine debris. A set of strategies for each goal were provided for education and awareness, legislation, and alternative technologies. The Strategy also lists indicators that could be used to evaluate outcomes of strategies. The adoption of the Honolulu Strategy by the international community has led the international organizations such as GPA, IMO, and CBD to strengthen their responses to the marine debris issue. UN has also set up specific actions that will be implemented until 2025 through its resolutions on marine debris. Recent global developments related to the marine debris issue might lead to a change in the character of the international marine debris management from the current soft law regime to a mandatory one. The Honolulu Strategy could provide a guideline when the Korean government formulates the Second Basic Plan for Marine Debris Management, especially with its prevention-oriented approaches, utilization of scientific policy development tools, and adoption of evaluation system using performance indicators.

• The Korean Journal of Air & Space Law and Policy
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• no.spc
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• pp.137-163
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• 2007

The air market in Asia has already entered upon the age of limitless competition. It means a very important moment in Asia air market. Each Asian country thus has put a lot of effort into a development plan and support to their hub airport. In order to achieve such a plan, first of all we should build closer cooperation system between the two countries Japan and Korea. The Korea and Japan are very fast growing in the northeast countries within the global air transport market. Air passenger and cargo traffic volumes between Korea and Japan have increased dramatically, since the 1990s. In response to such a trend, both countries have opened new airports and expanded existing facilities in the hopes of laying claims to the main international hub airport in Asia. Apart from the trend, air transportation between Korea and Japan's metropolitan areas is the only transportation in substance, even if they are located very closely in geographical position. The air transportation between the two countries shows that it is necessary to get fast and more convenient because of the economic and cultural interchange and exchange concentrated on the metropolitan areas, and that will promote the economic growth of Korea and Japan. However, within the air transportation industry field, there have no sufficient seats/slots to supply the air demand from the capital cities of each country, as well as no counterplan for some problems regarding capacityand sustain ability of metropolitan airports. Thus, it is necessary for us to consider in all aspects and solve them to improve air transportation between Korea and Japan. This paper is to try to demonstrate this matter and from all angles, that is, in legal and political aspects, facilities and given environmental conditions and cooperation between Korea and Japan. I think that it is indeed a great necessary and convenient for many Korean and Japanese tourists to conclude a new 'Open Sky Agreement' between Japan and Korea in order to the prepare the increase of the shuttle flight between Haneda-Gimpo and opening of air route newly for shuttle flight between Haneda and Cheongju as well as opening of air route for shuttle flight between Haneda-Shanghai Hongqiao International Airport and Beijing International Airport for the 2008 Beijing Olympic Games. Furthermore it is a great desirable thing for us to conclude a new 'Open Sky Agreement' in cooperation reciprocally among the Japan, China and Korea for opening the new air route by the shuttle flight.

• Journal of Environmental Science International
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• v.18 no.4
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• pp.389-400
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• 2009

In this research, we measured the number of lanes, distance, disposition of apartment that are affecting the road traffic noise to evaluate the current condition of G city's road traffic noise. We decide on a basis regarding an apartment price formation factor, and the apartment current price and the results that compared. To have a point scale, we set the maximum road traffic noise at a 8 lane road for 5 points, give 4 points for a 6 lane road, which has a $2.1{\sim}2.5\;dB(A)$ difference compared to a 8 lane road, give 3 points for a 4 lane road, which has a $5.2{\sim}5.5\;dB(A)$ difference compared to a 8 lane road, and set 2 points for a 2 lane road and lower. If we set the standard floor plan as horizontal and a living room facing the roadside, the horizontal and living room facing the opposite side of the road is 1 point because it differs by 14.1 dB(A), and the vertical is 3 points since the difference is 5.3 dB(A). If we make grades by the distance, making standard the fifth floor with little soundproof effect from apartment to road, we observe a measurement below 2.9 dB(A) at a distance of less than 10 m and 5 dB(A), decreased at a distance of 20 m. Therefore, 4 points were given for less than 10m, 3 points for $10{\sim}20\;m$, 2 points for more than 20 m as we can apply the effect of a decay distance of line sound source and the decrease in noise effects of more than 6 dB(A), 1 point for more than 40m, and 0 points for more that 80 m since it is negligible. 28 apartments got 0 points because there is no effect of road traffic noise from other apartments, and 50 apartments where only the road at one side effect them got $5{\sim}10$ points. 4 apartments (17-2, 6-3, 10-4, 3-3) received over 20 points. 15 cases showed a difference between developer price and resale price, and 11 cases (73%) among them showed the same trend (price increases with a low road traffic noise restriction factor point) with the point of road traffic noise restriction factor. 4 cases demonstrated the opposite trend, showing price increases with a high restriction factor point. Among the 4 cases, case numbers 2,6 and 9 appear to be more affected by the location factor (business district) than the road traffic noise restriction factor, and case number 1 appears to be affected by the building factor (openness and direction).

• Journal of the Korea Concrete Institute
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• v.22 no.3
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• pp.409-417
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• 2010

This paper discusses a series of experiments including material improvement in order to ensure quality of grouting for the post-tensioned structure. In prestressed concrete, grouting refers to the construction procedure of filling empty space of duct enclosing with strands using cementitious material, To date, adequate quality control of the grouting has not been established in Korea because the relationship between the grouting and durability of post-tensioned structure is not well-recognized. The Korean standard does not consider the important material characteristic, wick effect, which is caused by strands in the ducts and current standard testing method unlikely quantify reasonable material segregation. As a result, the grout material, which meets the current material standards, may exhibit excessive bleeding water or shrinkage during construction. In this study, international codes and standards related to grouting were surveyed. The ratio of constituents and novel admixtures were suggested to meet equivalently with these standards. Performance of this enhanced grout was compared to common domestic grout using the international standard testing method. A series of mock-up specimens considering geometry of PC beam was constructed and grout flow pattern was observed as the grout was injected. It was observed that the grouting performance was highly influenced by material properties and filling characteristic can be varied depending on geometry of ducts.

• Journal of Global Scholars of Marketing Science
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• v.18 no.4
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• pp.61-118
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• 2008

The purpose of this research is to construct research framework for international franchising based on existing literature and to identify research components in the framework. Franchise can be defined as management styles that allow franchisee use various management assets of franchisor in order to make or sell product or service. It can be divided into product distribution franchise that is designed to sell products and business format franchise that is designed for running it as business whatever its form is. International franchising can be defined as a way of internationalization of franchisor to foreign country by providing its business format or package to franchisee of host country. International franchising is growing fast for last four decades but academic research on this is quite limited. Especially in Korea, research about international franchising is carried out on by case study format with single case or empirical study format with survey based on domestic franchise theory. Therefore, this paper tries to review existing literature on international franchising research, providing research framework, and then stimulating new research on this field. International franchising research components include motives and environmental factors for decision of expanding to international franchising, entrance modes and development plan for international franchising, contracts and management strategy of international franchising, and various performance measures from different perspectives. First, motives of international franchising are fee collection from franchisee. Also it provides easier way to expanding to foreign country. The other motives including increase total sales volume, occupying better strategic position, getting quality resources, and improving efficiency. Environmental factors that facilitating international franchising encompasses economic condition, trend, and legal or political factors in host and/or home countries. In addition, control power and risk management capability of franchisor plays critical role in successful franchising contract. Final decision to enter foreign country via franchising is determined by numerous factors like history, size, growth, competitiveness, management system, bonding capability, industry characteristics of franchisor. After deciding to enter into foreign country, franchisor needs to set entrance modes of international franchising. Within contractual mode, there are master franchising and area developing franchising, licensing, direct franchising, and joint venture. Theories about entrance mode selection contain concepts of efficiency, knowledge-based approach, competence-based approach, agent theory, and governance cost. The next step after entrance decision is operation strategy. Operation strategy starts with selecting a target city and a target country for franchising. In order to finding, screening targets, franchisor needs to collect information about candidates. Critical information includes brand patent, commercial laws, regulations, market conditions, country risk, and industry analysis. After selecting a target city in target country, franchisor needs to select franchisee, in other word, partner. The first important criteria for selecting partners are financial credibility and capability, possession of real estate. And cultural similarity and knowledge about franchisor and/or home country are also recognized as critical criteria. The most important element in operating strategy is legal document between franchisor and franchisee with home and host countries. Terms and conditions in legal documents give objective information about characteristics of franchising agreement for academic research. Legal documents have definitions of terminology, territory and exclusivity, agreement of term, initial fee, continuing fees, clearing currency, and rights about sub-franchising. Also, legal documents could have terms about softer elements like training program and operation manual. And harder elements like law competent court and terms of expiration. Next element in operating strategy is about product and service. Especially for business format franchising, product/service deliverable, benefit communicators, system identifiers (architectural features), and format facilitators are listed for product/service strategic elements. Another important decision on product/service is standardization vs. customization. The rationale behind standardization is cost reduction, efficiency, consistency, image congruence, brand awareness, and competitiveness on price. Also standardization enables large scale R&D and innovative change in management style. Another element in operating strategy is control management. The simple way to control franchise contract is relying on legal terms, contractual control system. There are other control systems, administrative control system and ethical control system. Contractual control system is a coercive source of power, but franchisor usually doesn't want to use legal power since it doesn't help to build up positive relationship. Instead, self-regulation is widely used. Administrative control system uses control mechanism from ordinary work relationship. Its main component is supporting activities to franchisee and communication method. For example, franchisor provides advertising, training, manual, and delivery, then franchisee follows franchisor's direction. Another component is building franchisor's brand power. The last research element is performance factor of international franchising. Performance elements can be divided into franchisor's performance and franchisee's performance. The conceptual performance measures of franchisor are simple but not easy to obtain objectively. They are profit, sale, cost, experience, and brand power. The performance measures of franchisee are mostly about benefits of host country. They contain small business development, promotion of employment, introduction of new business model, and level up technology status. There are indirect benefits, like increase of tax, refinement of corporate citizenship, regional economic clustering, and improvement of international balance. In addition to those, host country gets socio-cultural change other than economic effects. It includes demographic change, social trend, customer value change, social communication, and social globalization. Sometimes it is called as westernization or McDonaldization of society. In addition, the paper reviews on theories that have been frequently applied to international franchising research, such as agent theory, resource-based view, transaction cost theory, organizational learning theory, and international expansion theories. Resource based theory is used in strategic decision based on resources, like decision about entrance and cooperation depending on resources of franchisee and franchisor. Transaction cost theory can be applied in determination of mutual trust or satisfaction of franchising players. Agent theory tries to explain strategic decision for reducing problem caused by utilizing agent, for example research on control system in franchising agreements. Organizational Learning theory is relatively new in franchising research. It assumes organization tries to maximize performance and learning of organization. In addition, Internalization theory advocates strategic decision of direct investment for removing inefficiency of market transaction and is applied in research on terms of contract. And oligopolistic competition theory is used to explain various entry modes for international expansion. Competency theory support strategic decision of utilizing key competitive advantage. Furthermore, research methodologies including qualitative and quantitative methodologies are suggested for more rigorous international franchising research. Quantitative research needs more real data other than survey data which is usually respondent's judgment. In order to verify theory more rigorously, research based on real data is essential. However, real quantitative data is quite hard to get. The qualitative research other than single case study is also highly recommended. Since international franchising has limited number of applications, scientific research based on grounded theory and ethnography study can be used. Scientific case study is differentiated with single case study on its data collection method and analysis method. The key concept is triangulation in measurement, logical coding and comparison. Finally, it provides overall research direction for international franchising after summarizing research trend in Korea. International franchising research in Korea has two different types, one is for studying Korean franchisor going overseas and the other is for Korean franchisee of foreign franchisor. Among research on Korean franchisor, two common patterns are observed. First of all, they usually deal with success story of one franchisor. The other common pattern is that they focus on same industry and country. Therefore, international franchise research needs to extend their focus to broader subjects with scientific research methodology as well as development of new theory.

• Korean Chemical Engineering Research
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• v.49 no.2
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• pp.187-194
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• 2011

In compliance with an international law about the ocean dumping of the sludge, the proper sewage treatment process which occurs from the wastewater treatment process has been becoming problem. Generally the sewage and the sludge are controlled from anaerobic condition when the sewage is treated and land filled, where the methane$(CH_{4})$ and the nitrous oxide $(N_{2}O)$ from this process are discharged. Because these gases have been known as one of the responsible gases for global warming, the wastewater treatment process is become known as emission sources of green house gases(GHG). This study is to suggest a new approach of estimate and environmental assessment of greenhouse gas emissions and sludge emissions from wastewater treatment processes. It was carried out by calculating the total amounts of GHG emitted from biological wastewater treatment process and the amount of the sludgegenerated from the processes. Four major biological wastewater treatment processes which are Anaerobic/Anoxic/Oxidation$(A_{2}O)$, Bardenpho, Virginia Initiative Plant(VIP), University of Cape Town(UCT)are used and GPS-X software is used to model four processes. Based on the modeling result of four processes, the amounts of GHG emissions and the sludge produced from each process are calculated by Intergovernmental Panel on Climate Change(IPCC) 2006 guideline report. GHG emissions for water as well as sludge treatment processes are calculated for environmental assessment has been done on the scenario of various sludge treatments, such as composting, incineration and reclamation and each scenario is compared by using a unified index of the economic and environmental assessment. It was found that Bardenpho process among these processes shows a best process that can emit minimum amount of GHG with lowest impact on environment and composting emits the minimum amount of GHG for sludge treatment.

• Journal of Service Research and Studies
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• v.4 no.2
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• pp.1-10
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• 2014

According to recent trends in technological advances and globalization, medical device industry may improve the constitution to meet worldwide medical equipment management system. Also it is holding a strand of mitigation to reach the level of international regulation. In addition, recent legislation tends are to stay limited ranges of industry regulations at least and take as open attitude for integration of new technologies combined medical devices. A greater environmental risk is not likely to work in medical technology, Combinded medical device is used as close to zero risk in most of the human body, which is classified as Class 1. Even medical device such as little or no risk in handling, it is possible to minimize the unnecessary administrative power and a waste of time to occur. For the medical device may be improving people's choices and access, medical equipment operator is expanding to include dealers, because this will be exalted to particular area of the business of the company. In this paper, we investigate the legal prerequisites for the establishment of a medical device. And propose improved regulations in topics in order to facilitate the repair and distribution markets for fair trade.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.1
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• pp.75-103
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• 2007

The purpose of this paper is to suggest to tackle the problem of poor cooperation in space activities, by re-examining the nature of the competitive political environment, and by building up a normative overarching framework, One of the most acute problems that hampers regional cooperation is the U.S. influence as represented in the MTCR, a supplier's cartel, as was evidenced in the ill-fate of the 2001 launch contract between China and Korea the next year. Notably China, the third space power in the world, has not been allowed to join the MTCR despite her application in June 2004. A possible reconciliation between China and the MTCR over her application for a partnership would set a cornerstone in building up a cooperative environment in the Northeast Asia. Just as the Helsinki process was an overarching norm building framework, comprising human rights, security and environmental issues, it would be desirable that a future peace framework in Northeast Asia dealing with the pending issues of Korean peninsula should also comprise of such broad issues as one relating to cooperation in space activities in the region. South Korea could tap expertise from her neighbor China. When South Korea become an independent space power either with her own technology or otherwise, she would be in a better position to play a role as a balancer in coordinating between the two neighboring space giants. It is remarkable that the Japanese led APRSAT has contributed much in establishing Sentinel Asia as a part of the Disaster Management Scheme, in that each participant, whether it be a state agency, or a private entity like a university or a research institute, can tap the common data to contribute to the common good of safety.

• The Korean Journal of Air & Space Law and Policy
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• no.spc
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• pp.59-86
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• 2007

The purpose of this paper is to suggest to tackle the problem of poor cooperation in space activities, by re-examining the nature of the competitive political environment, and by building up a normative overarching framework, One of the most acute problems that hampers regional cooperation is the U.S. influence as represented in the MTCR, a supplier's cartel, as was evidenced in the ill-fate of the 2001 launch contract between China and Korea the next year. Notably China, the third space power in the world, has not been allowed to join the MTCR despite her application in June 2004. A possible reconciliation between China and the MTCR over her application for a partnership would set a cornerstone in building up a cooperative environment in the Northeast Asia. Just as the Helsinki process was an overarching norm building framework, comprising human rights, security and environmental issues, it would be desirable that a future peace framework in Northeast Asia dealing with the pending issues of Korean peninsula should also comprise of such broad issues as one relating to cooperation in space activities in the region. South Korea could tap expertise from her neighbor China. When South Korea become an independent space power either with her own technology or otherwise, she would be in a better position to play a role as a balancer in coordinating between the two neighboring space giants. It is remarkable that the Japanese led APRSAT has contributed much in establishing Sentinel Asia as a part of the Disaster Management Scheme, in that each participant, whether it be a state agency, or a private entity like a university or a research institute, can tap the common data to contribute to the common good of safety.