• Title/Summary/Keyword: Lawyers

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The use of Intelligent Information Systems in the Legal Sphere

  • Torakhanovna, Elzara Mannopova
    • Journal of Multimedia Information System
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    • v.2 no.4
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    • pp.311-316
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    • 2015
  • In this paperwork considered problem of using intelligent information systems as an assistant in making decisions by leaders, especially in legal sphere. The lawyers should not judge situation only based on codes or statues, they must take into account other values as well to come to effective solutions to problems. There are a few such programs which could help to make effective and proper decisions.

A Study of Ways to Expand Use of ADR (대체적 분쟁해결제도(ADR)의 활성화 방안에 관한 고찰)

  • 김경배
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.171-205
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    • 2002
  • ADR (Alternative Dispute Resolution) is a system to settle disputes without having to pursue a judgment through the courts; it provides an alternative to conventional judicial proceedings. As such, ADR is available to resolve a wide range of disputes, ranging from minor disagreements between neighbors to contracts involving millions of dollars. One can say there has been “efficient resolution of a dispute” only when it has been settled rapidly and finally to the satisfaction of all parties concerned, inexpensively and in a transparent manner. In this respect, ADR may well be regarded as the most efficient method to resolve disputes. In order to establish and disseminate ADR as a practical dispute-settlement procedure, first, governmental financial support is necessary, rather than having to depend upon fees collected from the disputing parties. At the same time, various inducement policies also are required. The most important factor is to make people aware of the fact that ADR is a low-cost, speedy system and more practical compared with other procedures. Second, cooperation from legal circles, lawyers in particular, is absolutely necessary. If disputes become serious, the general public normally seeks out lawyers for advice. Third, disputing parties have to be convinced of the benefits of ADR, secure in the knowledge that ADR will provide them not only with economic benefit but also a satisfactory result. Diverse ADR procedures should be developed and implemented to facilitate participation in a comfortable atmosphere with a mutually friendly relationship. The most important factor in achieving the wider use of ADR, which is attracting more attention of late, is the expectation that it will bring a satisfactory resolution to the related parties in dispute. The trend of seeking a new dispute-settlement method also reflects the changing sense of values in society today. Therefore, one specific method is not suitable for all kinds of disputes. A proper system should offer different approaches according to the pattern and type of dispute and the parties concerned. In selecting a dispute-resolution system, several factors have to be considered - the relationship between the parties, their financial situations, the necessity of maintaining confidentiality, urgency for settlement, etc. In the light of all these, it is desirable for the disputing parties to select the most appropriate of the available systems, not blindly turning to the courts, if and when a dispute arises.

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Political - Legal Reflections on the Two Epochal "Antique" Documents on" Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • 한국항공우주법학회:학술대회논문집
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    • 2008.05a
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    • pp.219-231
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    • 2008
  • " Analyzing on an object in the sphere of domestic law with the method of international law" has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU The historical process of the transfiguration and the mere shell is as followed .i.e.," from the ultranationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e.," THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

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Political - Legal Reflections on the Two Epochal "Antique" Documents on "Peaceful Use" in the History of Japanese Space Policy

  • Tomitaro, Yoneda
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.169-188
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    • 2008
  • Analyzing on an object in the sphere of domestic law with the method of international law has been already on the horizon in international law. For the lawyers of international law and space law, it is quite natural that they utilize the method of international law, whatever objects they may choice. The reason is that the characteristic of international law do not depend upon object in itself, but depend upon method in itself. The object of this paper is the idea of Peaceful Use(IPU or PU) in Japanese Space Policy. The method to be applied to this analysis is the international law's interpretation theory on legal principles, i.e., the method of international law. One of the aims of this paper is to explain critically the need of review on IPU in Japanese Space Policy; in particular with respect to the positive reconstruction of IPU through historical analyzing on the transfiguration and the mere shell of the Post-War Japanese Pacifism(PJP) as the starting point of IPU. The historical process of the transfiguration and the mere shell is as followed, i.e., "from the ultra-nationalism in the pre-war Japan to PJP in the post-war Japan, from PJP to IPU, and from IPU to IPU's regression. In particular with respect to the interpretation theory, the meaning of the teleological, aims and objects school's approach on the interpretation of legal principles(P) has been emphasized. The reason is that the promising development of IPU will be realized by cooperating with the interpretation theory on P in international law. At the end of the beginning, I'd like to quote K. Marx's thesis in order to make the positions and missions the lawyers of international law and space clear. It is as follows, i.e., "THE PHILOSOPHERS HAVE ONLY INTERPRETED THE WORLD IN VARIOUS WAYS - THE POINT, HOWEVER IS TO CHANGE IT.

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The Provisions on the Enforcement of Foreign Arbitration Awards in Indonesia (under the New York Convention of 1958?)

  • Adolf, Huala
    • Journal of Arbitration Studies
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    • v.27 no.3
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    • pp.33-52
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    • 2017
  • This article tried to describe the laws concerning the enforcement of foreign arbitration awards in Indonesia. This issue is relevant in the light of frequent curiosity of foreign commentators, business communities, practicing lawyers, concerning the arbitration in Indonesia, in particular its enforcement of foreign arbitration awards. The main laws on arbitration analyzed were, firstly, the Indonesian law on arbitration, namely Law No 30 of 1999 on Arbitration and Alternative Dispute Resolution and the Presidential Regulation No 34 of 1981 concerning the Ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. The provisions of Law of 1999 analyzed were confined to its international provisions on arbitration, in particular the requirements for the enforcement of foreign arbitration awards and also the requirement that the awards do not violate Indonesian public policy. The problem with the Indonesian arbitration law (and the courts' practice) were that no provisions which provided guidance or meaning with regard to public policy. The absence or lack of guidance or definition on public policy had some times confused lawyers or the parties in dispute fearing that their arbitration awards would not be enforced due to the violation of public policy. Secondly was the different opinion of two Indonesian arbitration experts, Prof. Sudargo Gautama and Prof. Priyatna Abdurrasyid. Both scholars had rather different opinions with regard to the meaning of public policy in Indonesia. Thirdly was a recent case law, Astro Nusantara Bv et.al., vs PT Ayunda Primamitra Case (2010) decided by the Indonesian Supreme Court with regard to the enforcement of foreign arbitration awards. This article concluded that the Indonesian court, in particular the Central of Jakarta Court, so far have given its support that the execution of foreign awards was duly enforced.

Triple Helix and the Circle of Innovation

  • Phillips, Fred
    • Journal of Contemporary Eastern Asia
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    • v.13 no.1
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    • pp.57-68
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    • 2014
  • This paper positions the triple-Helix as a meso-level notion, an epicycle in a grander circle of technological change, institutional change, and psychological change. Because of the differing speeds of these several kinds of change, speed is proposed as a high-level system metric. This implies that what we commonly call bridging agencies or facilitators - lawyers, venture capitalists, incubators, etc. - are better called buffering agencies, as they help to engage entities changing at different speeds. They use human judgment as well as information technologies to choose feasible timing for these engagements. The paper highlights implications for thinking about innovation diffusion: The grand cycle of socio-technical change means we should, rather, think in terms of innovation reinforcement, or a circle of innovation.

A Study on the need of Director and Officer Liability Insurance of China marine industry (中國 海上企業任員賠償責任保險의 필요성에 관한 硏究)

  • Kim, Seong-Eun
    • Journal of Korea Port Economic Association
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    • v.20 no.2
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    • pp.235-251
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    • 2004
  • China's Marine Industry are growing up gradually as China's economy has advanced. Also China's Sipping Industry has been advanced. China Sipping Company is going to become a top 5 of world marine industry. China's Marine Industry has supervised and controled a manager under the mechanism of market economy. China's Marine Industry has been changed from the state-owned marine enterprise affected by government and government has effected on the formation of the board of directors and manager. So, the supervision function of the board of directors was reduced. The executive' role is emphasized when possessing the state-owned enterprise through disposal or auction, or when inducing the participation of foreign attraction. It is desirable for the Chinese director and officer to prepare for the claims internationally due to the international economic actions, , westernization of the public's consciousness about the compensation for damage followed by the increasing national income, and to prepare the increasing demand of cases due to increasing lawyers.

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A Study on stress coping strategies and psychological outcomes of dual-career wives (전문직 취업주부의 스트레스와 대처방안 심리적결과에 관한 연구)

  • 전영자
    • Journal of the Korean Home Economics Association
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    • v.35 no.1
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    • pp.339-356
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    • 1997
  • The purpose of this study is to examine the relationships among role conflict coping strategy and psychological distress of dual-career wives. In order to achieve the study purpose the theoretical model of this study was built on the basis of relevant theories and previous studies, Especially it was influenced by the ABCX model of family stress proposed by Hill, Data were collected from 229 dual-career wives such as professors doctors lawyers teachers pharmacists and nurses. The results were as follows: 1. Role conflict was negatively correlated to self-esteem and positively correlated to psychological distress. 2) in terms of a main effect coping strategy was positively correlated to self-esteem and negatively correlated to psychological distress. 3) In terms of interaction effect coping strategy did not show any significant effect against the negative impacts of role conflict on self-esteem and it on the whole did not whole a significant effect against the positive impacts of role conflict of psychological distress.

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Problems in Insuring Cargoes in the International Trade (무역거래(貿易去來)에 있어서 해상적하보험(海上積荷保險)에 관한 몇가지 문제점(問題點))

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.327-348
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    • 1999
  • Insurance lawyers have been curiously uninterested in the legal aspects of the use of insurance in export sales. It is an area which shows several doubtful points and some difficulties. According to the law of international sales and commercial credits, the primary question is whether the insurance contracts and documents that are produced satisfy the requirements of the sales and the credit contracts. From the point of view of insurance law, the question is how the insurance arrangements can be made to fit those requirements. The purpose of this study is to review problems that may occur in insuring cargoes in export sales.

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On China's Intellectual Property Rights Protection Online

  • Wang, Guo-An;Lim, Yong-Taek
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.237-247
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    • 2004
  • Online people conduct all kinds of business activities, such as promoting the sales of products and services, reading newspapers, watching TV and movies, and sending business messages by e-mail, by e-voice and by e-fax. Computers with access to the Internet are defined by the United Nations as the fourth media characterized by instantaneousness, openness, limitlessness, boundlessness and globalization. With the development and popularization of the Internet and the advance of the information technology in China, Intellectual Property Rights (IPRs) violations online have frequently occurred in e-business activities. IPRs protection online has posed a great challenge not only for business managers and officials, but also for judges and lawyers because the rapid development of the Internet has created a legal vacuum governed by no laws in IPRs violation and protection online in China.. The paper at first classifies IPRs into several categories, then reveals China's serious problems and challenges of IPRs violations online and stresses the necessity of China's IPRs protection online. Finally it puts forward some suggestions concerning IPRs protection online.

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