• Title/Summary/Keyword: Multilateral Cooperation System

Search Result 35, Processing Time 0.021 seconds

Settlement of Private Commercial Disputes under the FTA (FTA하에서의 사적 상사분쟁의 해결)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
    • /
    • v.17 no.1
    • /
    • pp.3-32
    • /
    • 2007
  • This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

  • PDF

A study on the Supporting Program for Integrated Rehabilitation of Deteriorated Public Housing Blocks : Focused on the HOPE SF in San Francisco (노후 공공주택단지의 통합적 재생을 위한 지원제도에 관한 연구 : 샌프란시스코시 HOPE SF 프로그램을 중심으로)

  • Yoon, Hye-Yeong;Yoo, Hae-Yeon
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.16 no.4
    • /
    • pp.2807-2817
    • /
    • 2015
  • The purpose of this study is to draw out implications and directions for improvements on national public rental housing policy by examining SF's public rental housing policy and conditions for low income households, and analyzing 'multilateral considerations for residents and communities' and 'concrete case and policy for support' which are discovered in process of re-development of large-scale public housing revitalization. The results were as follows: First of all, HOPE SF ensures to involve resident as participant in entire project considering exist communities and resettlement of resident. Secondly, HOPE SF supported to enhance the lives of existing residents and their community through integrated support system. Thirdly, HOPE SF collaborated with various participants as partner of city's rehabilitation, thus, invite community opinion to build a sense of cohesion. And for last, HOPE SF tried to create a new financial model for sustainable and practicable rehabilitation.

The International Civil Aviation Organization and Recent Developments of Air Law in a Changing Environment (변환기(變換期)에 있어서의 국제민간항공기구(國際民間航空機構)(ICAD)와 항공법(航空法) 발전(發展)의 최근(最近) 동향(動向))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.4
    • /
    • pp.7-35
    • /
    • 1992
  • The expansion of air transport on a global scale with ever increasing traffic densities has brought about problems that must be solved through new multilateral mechanisms. Looking to the immediate future, air transport will require new forms of international cooperation in technical and economic areas. Air transport by its very nature should have been a counterforce to nationalism. Yet, the regulatory system in civil aviation is still as firmly rooted in the principle of national sovereignty as when it was first proclaimed at t-11e Paris Convention of 1919 and reaffirmed in the Chicago Convention. Sovereignty over the airspace has remained the cornerstone of relations between states in all respects of air transport. The importance of sovereignty over air space embodied in article 1 of the Chicago Conrenton also is responsible for restricting the authority of ICAO as an intergovernmental regulatory agency. The Orgenization, for all its extensive efforts, has only limited authority. ICAO sets standards but cannot enforce them; it devises solutions but cannot impose them. To implement its rules ICAO most rely not so much on legal requirements as on the goodwill of states. It has been forty-eight years since international community set the foundations of the international system in civil aviation action. Profound political, economic and technological changes have taken place in air transport. The Chicago Convention is living proof that staes can work together to make air transport a safe mode of travel. The law governing international civil auiation is principally based on international treaties and on other regulation agreed to by governments, for the most part through the mechanism of ICAO. The role of ICAO international standards and recommended practices and procedures dealing with a broad range of technical matters could hardly be overestimated. The organization's ability to develop these standards and procedures, to adapt them continuously to the rapid sate of change and development of air transport, should be particularly stressed. The role of ICAO in the area of the development of multilateral conventions on international air law has been successful but to a certain degree. From the modest starting-point of the Tokyo Convention, we have seen more adequate international instruments prepared within the scope of ICAO activities, adopted: the Hague Convention of 1970 for the suppression of Unlawful Seizure of Aircraft and the Montreal Convention of 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The work of ICAO in the new domain of international law conventions concerning what has been loosely termed above as the criminal problems connected with international air transport, in particular the problem of armed aggression against aircraft, should be positively appreciated. But ICAO records in the domain of developing a uniform legal system of international carriage by air are rather disappointing. The problem of maintaining and developing the uniformity of this regulation exceeds the scope of interest and competence of governmental transport agencies. The expectations of mankind linked to it are too great to give up trying to restore the uniform legal system of international air carriage that would create proper conditions for its further growth. It appears that ICAO has, at present, a good opportunity for doing this. The hasty preparation of ICAO draft conventions should be definitely excluded. Every Preliminary draft convention ought to be sent to Governments of all member-States for consideration, So that they could in form ICAO in due time of their observation. The problom of harmonizing a uniform law of international air carriage with that of other branches of international transport should demand more and more of its attention. ICAO cooperation with other international arganization, especially these working in the field of international transport, should be strengthened. ICAO is supposed to act as a link and a mediator among, at times the conflicting interests of member States, serving the happiness and peace of all of the world. The transformation of the contemporary world of developing international relations, stimulated by steadily growing international cooperation in its various dimensions, political, economic, scientific, technological, social and cultural, continuously confronts ICAO with new task.

  • PDF

A Study on the Counter-Strategy against the North Korea's Nuclear of the South Korean Successive Governments (한국 역대정부의 북핵대응 전략에 관한 연구)

  • Lim, Jong Wha
    • Industry Promotion Research
    • /
    • v.5 no.3
    • /
    • pp.123-134
    • /
    • 2020
  • This study analyses the Korean successive governments' nuclear strategies after the post-cold war and suggests the future countermeasures as analysing to reciprocally interconnect B. Clinton and G.W.Bush governments' policies and North Korea's nuclear strategy. As the conclusion, this study suggests that the most urgent domestic alternative measure to North Korea's nuclear dismantlement is to prepare the grand strategy with the united whole national consensus and to order the renewed stronger future role by the mutual cooperation of multilateral agreement system and international regimes and lastly to adopt the extended deterrence through the reinforcement of the 5 great joint statements between the South-North Koreas.

A Legal Review on Abuse Cases of Virtual Currency and Legal Responses (가상화폐의 악용사례와 법적 대응방안에 관한 고찰)

  • Hwang, Suk-Jin
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.19 no.2
    • /
    • pp.585-594
    • /
    • 2018
  • Virtual currencies have emerged along with new technologies such as block chain, artificial intelligence (AI), and big data. This study examines the benefits of a security-enhanced block chain resulting from individual trading, decentralized from governments, as well as the problems associated with misuse of virtual currencies. Virtual currencies, due to its anonymity, is vulnerable to financial crimes, such as ransom-ware, fraud, drug trafficking, tax evasion and money laundering. Use of virtual currencies can facilitate criminals avoid detection from investigative agencies. Government regulatory policy continues to address these concerns, and the virtual currency exchange has also announced a self-regulation proposal. However, a fundamental solution remains necessary. The purpose of this paper is to investigate the problems regarding abuse of virtual currency and to identify a practical system for transactions involving virtual currencies. However, in order to promote transactions involving virtual currencies and to institutionalize a governance system, multilateral cooperation is required. Although the restricting the use of virtual currencies regarding minors and foreign trade, as well as the introduction of a real-name system are considered promising prospects, many problems remain. Virtual currency is not a simple digital item but a method of redesigning the function of money. Coordinated efforts are needed globally to be able to further activate the positive aspects concerning the use of virtual currencies.

Strategic Plans to Increase Cooperation between Korean and Chinese Logistics Industries in Port Regions: Focused on Case Study in Shandong Province (한.중 항만지역 물류산업 협력 증대방안 연구 : 산둥성 사례연구를 중심으로)

  • Lim, Youngtae;Choi, Changho
    • Journal of Korea Port Economic Association
    • /
    • v.30 no.4
    • /
    • pp.29-46
    • /
    • 2014
  • Nowadays the trade volume between Korea and China is rapidly increasing. With the current trend in mind, this study aims to seek strategic plans for increasing cooperation between Korean and Chinese logistics industries. The plans are especially centered around port regions, since ports are responsible for most of the trade volume between the two nations. As for the method, a case study was carried out in capital area ports in Korea and Shandong Province port regions of Bohai Economic Rim in China to address the problems and propose strategic plans to promote cooperation between the two nation's logistics industries, specifically with port regions as the center. The results showed that in increasing cooperation between Korean and Chinese logistics industries, the most important factor is for the two governments to put effort in solving the problems arising in port areas. Moreover, Korean government should strengthen its support to Korean companies in Chinese port areas as well as exert effort in multilateral ways such as system improvement and facility investment for capital area ports so as to gain competitive edge against China. This study contributes to the existing literature in that it applies suggested cooperative strategies for Korea-China logistics industry from previous studies to port regions as the focus, and it also sheds new light on institutions located in port areas through in-depth interview.

Review on the Regional Cooperative Activities for Marine Environmental Conservation in Northeast Asia: with Special Reference to the Northwest Pacific Action Plan (NOWPAP) (동북아시아 해양환경보전을 위한 국제협력활동의 현황과 발전방향: 북서태평양보전실천계획(NOWPAP)을 중심으로)

  • Kang Chang-Gu;Kang Seong-Gil
    • Journal of the Korean Society for Marine Environment & Energy
    • /
    • v.6 no.1
    • /
    • pp.30-43
    • /
    • 2003
  • The geography, circulation pattern, and ecology show that the semi-closed seas of Northwest Pacific be managed as one complete system. Ongoing multilateral cooperative efforts relevant to marine environmental protection in the Northwest Pacific area, include the Working Group for the Western Pacific (WESTPAC) established under the auspices of WNESCO's Intergovernmental Oceanographic Commissions, the UNDP/GEF Programme on Prevention and Management of Marine Pollution in East Asian Seas (PEMSEA), the North Pacific Marine Science Organization(PICES), and the United Nations Environment Programme(WNEP)'s Northwest Pacific Action Plan(NOWPAP). The present report firstly describes the current situations on the existing regional cooperative regimes for marine environmental conservation in the Northwest Pacific region, with a special respect to the Northwest Pacific Action Plan(NOWPAP) which was adopted in 1994 by Japan, People's Republic of China, Republic of Korea and Russian Federation. Then, problems of the existing regimes are also discussed, together with the suggestion of the possible solutions, focusing on NOWPAP. Suggestions include: 1) the Northeast Asian countries should understand the importance of legally-binding regional convention, and should build up any legally-binding instrument which can function as a big umbrella for real regional cooperation without prejudice to the rights of the States, 2) At present stage, it will be possible to make a regional convention flexible without prejudice to the sovereign right of the States or territorial issues; 3) taking into account that the region often faces many generic political problems that often inhibit the effective collective actions on environmental issues, the leadership from UNEP or other international organizations is required; 4) strong institutional and financial framework should be made, and 5) multilateral efforts to respond to the new marine environmental threats should be taken at the regional level in order to protect the coastal and marine environments in the Northwest Pacific.

  • PDF

A Plan for Strengthening Cyber Security Capability toward North Korea: focusing on the Preparation of Cyber Warfare (대북 사이버 안보역량 강화를 위한 방안: 사이버전 대비를 중심으로)

  • Kim, Ho Jung;Kim, Jong-ha
    • Convergence Security Journal
    • /
    • v.18 no.3
    • /
    • pp.123-132
    • /
    • 2018
  • North Korea's cyber warfare capability is becoming a serious security threat to Korea because most of the operational systems of social infrastructure and advanced weapons system are all networked. Therefore, the purpose of this article is to examine what the Korean government should do to strengthen cyber security capabilities toward North Korea. For this purpose, this article analyzed North Korea's cyber attack cases against Korea by categorizing according to threat type and purpose. The research findings are as follows. It is necessary first, to have aggressive cyber protection and attack capabilities; second, to establish an integrated cyber security control tower that can be overseen by the national government; third, to need to legislate domestic cyber- related laws; fourth, to build a multilateral & regional cyber cooperation system. The implication of these findings are that it needs to be strengthened the cyber security capability from the cyber threats of North Korea by minimizing the damage during the peacetime period and for the complete warfare in case of emergency.

  • PDF

Relationship among Incivility, Burnout, Coping and Satisfaction to Clinical Practice experienced by Nursing College Students in Clinical Practice. (간호대학생이 임상실습에서 경험하는 무례함, 소진, 대처와 임상실습만족도의 관계)

  • Kim, Jong Gun;Yoo, Jang Hak;Cheon, Eui Young
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.18 no.1
    • /
    • pp.316-324
    • /
    • 2017
  • The purpose of this descriptive study was to identify the relationship among incivility, burnout, coping, and satisfaction to clinical practice experienced by nursing college students in clinical practice. A set of self-reported questionnaires, which included demographic characteristics, incivility, burnout, coping, and satisfaction to clinical practice, was completed by 160 nursing college students. Data was analyzed using t-test, ANOVA, correlation analysis, and multiple regression analysis by SPSS ver. 18.0. The mean age was 21.5 years. The mean scores, in Likert scales, were 1.18. 3.41, 2.48 and 3.30 out of 5 for items of incivility, burnout, coping, and satisfaction, respectively. According to our analysis, significant positive correlations were observed among incivility, burnout, and coping; significant negative correlations were observed between incivility and satisfaction, as well as between burnout and satisfaction. The predictors on satisfaction to clinical practice were coping, incivility, and burnout. Our model explained 26.6% (F=9.868, p<.001) of the variance. Based on the findings of this study related to main impediment, it is necessary to build prepared practice environments, such as interpersonal relations capacity empowerment and supporting system. Therefore, various nursing curricular programs are needed to promote satisfaction through multilateral collaboration with clinical practice among nursing college students.

Male nursing students' Practicum Experiences on Delivery Room (남자 간호학생의 분만실 실습 체험)

  • Kim, Kyoung-Ah;Won, Mi-Hwa;Shin, Sun-Hwa;Go, Gee-Youn;Choi, Junkyoung
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.17 no.2
    • /
    • pp.458-469
    • /
    • 2016
  • The special education setting in nursing practicum is required for male nursing students to become professional registered nurses. Therefore, this study identifies how male nursing students find and recognize the meaning of the practicum in a delivery room. Eight male nursing students were selected randomly in junior and senior grade. They had finished delivery room practicum within a month and were interviewed from Jul. 20th, 2012 to Dec. 28th, 2012 until the narrative data were fully saturated. The phenomenological method of Colaizzi was used. Thirty themes, nine theme clusters, and three categories were identified. The three categories were frightened in the 'female privacy first' environment, sexual inequality for male students, and only one observation chance of the delivery process. From this study, male students did their best against the gender role and female-only field. A strategy to improve the image of professional nursing is required to enlighten the social conventions regarding the gender role. In addition, multilateral efforts are expected to eliminate the gender discrimination in the nursing education system to establish the correct role of professional registered nurses.