• Title/Summary/Keyword: Resolution rules

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An Efficient Query-based XML Access Control Enforcement Mechanism (효율적인 질의 기반 XML 접근제어 수행 메커니즘)

  • Byun, Chang-Woo;Park, Seog
    • Journal of KIISE:Databases
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    • v.34 no.1
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    • pp.1-17
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    • 2007
  • As XML is becoming a de facto standard for distribution and sharing of information, the need for an efficient yet secure access of XML data has become very important. To enforce the fine-level granularity requirement, authorization models for regulating access to XML documents use XPath which is a standard for specifying parts of XML data and a suitable language for both query processing. An access control environment for XML documents and some techniques to deal with authorization priorities and conflict resolution issues are proposed. Despite this, relatively little work has been done to enforce access controls particularly for XML databases in the case of query access. Developing an efficient mechanism for XML databases to control query-based access is therefore the central theme of this paper. This work is a proposal for an efficient yet secure XML access control system. The basic idea utilized is that a user query interaction with only necessary access control rules is modified to an alternative form which is guaranteed to have no access violations using tree-aware metadata of XML schemes and set operators supported by XPath 2.0. The scheme can be applied to any XML database management system and has several advantages over other suggested schemes. These include implementation easiness, small execution time overhead, fine-grained controls, and safe and correct query modification. The experimental results clearly demonstrate the efficiency of the approach.

A Case Study on the Resolution of International Investment Disputes Caused by Aggravation of Political and Economic Situation of the Host State - Focusing on the case of CMS Gas Transmission Company v. Argentine Republic (투자유치국의 정치.경제상황 악화로 인한 국제투자분쟁의 해결에 관한 사례연구 -CMS Gas Transmission Company v. Argentine Republic 사건을 중심으로)

  • Oh, Won-Suk;Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.87-109
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    • 2007
  • This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

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Development of a Play-Learning Model in Science Museum (과학관 놀이-학습 모형 개발)

  • Kwon, Yi-Young;Jeong, Eunyoung
    • Journal of The Korean Association For Science Education
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    • v.36 no.2
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    • pp.191-202
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    • 2016
  • In this study, a science museum teaching-learning model was developed with emphasis on play. In order to do this, the models of factor-centered museum education and process-centered museum education were reviewed and characteristics of science museum education were considered. The model developed in this study is called 'Play-Learning Model in Science Museum', and 'play' is defined as activities to achieve the mission in accordance with methods and rules set by individuals or small groups including scaffolding and play is divided into competition, simulation, and chance. 'Play-Learning Model in Science Museum' emphasizes learning using the articles on exhibition, scaffolding and interaction in small groups, and play. The model consists of four steps: 'Preparation', 'Exploring the exhibits', 'Experience', and 'Summary of learning content'. In the 'Preparation' step, the students form related knowledge and are ready to play. The 'Exploring the exhibits' step is the core step of this model, and entails the students solving problems in the mission by interacting with members of the small group. When they cannot find resolution, they get help. In the 'Experience' step, hands-on activities related to the prior step are included. In the 'Summary of learning content' step, the students summarize what they learned while playing. As science museum education is implemented in a variety of forms, continuous research about the science museum learning model and development of various programs are needed.

Performance Evaluation of Hazardous Substances using Measurement Vehicle of Field Mode through Emergency Response of Chemical Incidents

  • Lee, Yeon-Hee;Hwang, Seung-Ryul;Kim, Jae-Young;Kim, Kyun;Kwak, Ji Hyun;Kim, Min Sun;Park, Joong Don;Jeon, Junho;Kim, Ki Joon;Lee, Jin Hwan
    • Korean Journal of Environmental Agriculture
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    • v.34 no.4
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    • pp.294-302
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    • 2015
  • BACKGROUND: Chemical accidents have increased owing to chemical usage, human error and technical failures during the last decades. Many countries have organized supervisory authorities in charge of enforcing related rules and regulations to prevent chemical accidents. A very important part in chemical accidents has been coping with comprehensive first aid tool. Therefore, the present research has provided information with the initial applications concern to the rapid analysis of hazardous material using instruments in vehicle of field mode after chemical accidents. METHODS AND RESULTS: Mobile measurement vehicle was manufactured to obtain information regarding field assessments of chemical accidents. This vehicle was equipped with four instruments including gas chromatography with mass spectrometry (GC/MS), Fourier Transform Infrared Spectroscopy (FT-IR), Ion Chromatography (IC), and UV/Vis spectrometer (UV) to analyses of accident preparedness substances, volatile compounds, and organic gases. Moreover, this work was the first examined the evaluation of applicability for analysis instruments using 20 chemicals in various accident preparedness substances (GC/MS; 6 chemicals, FT-IR; 2 chemicals, IC; 11 chemicals, and UV; 1 chemical) and their calibration curves were obtained with high linearity ( r 2 > 0.991). Our results were observed the advantage of the high chromatographic peak capacity, fast analysis, and good sensitivity as well as resolution. CONCLUSION: When chemical accidents are occurred, the posted measurement vehicle may be utilized as tool an effective for qualitative and quantitative information in the scene of an accident owing to the rapid analysis of hazardous material.

A Comparative Study on the Compliance Program(CP) of Strategic Export Control System between Korea and Japan (전략물자 수출통제 자율준수제도(CP)에 관한 한.일 비교 연구)

  • Shim, Sang-Ryul;Shao, Dan;Joo, E-Wha
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.297-321
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    • 2011
  • Under the UN Security Council Resolution 1540/1810 in 2004 to restrict the proliferation of WMD (weapons of mass destruction) and their means of delivery, many countries have taken great efforts to, control the export of strategic items, thereby preventing the transfer of ABCM (atomic, biological, chemical weapons, missiles) and technologies and goods related to conventional weapons or dual-use items, Compliance Program (CP) in Korea or Internal Compliance Program(ICP) in Japan refers to a company's internal system or rules to comply with the export control laws and regulations, and is to prevent the unintentional illegal export of strategic items. This paper analyzes the Compliance Program (CP) of strategic export control system between Korea and Japan. Both countries have very similar legal frameworks under the guiding principles of multilateral export control regimes. However, there are some differences in actual procedures, classification service, supporting system, export license, sanctions for illegal exporters, etc. Korea should take more active and customer-oriented measures to promote the Compliance Program (CP) into Korean export companies for better awareness and positive attitude, practical information and education, smoothy government-firm communication, closer cooperation between Korea and Japan, etc.

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A Study on the Legal System in the Inter-Governmental Agreement on the International Space Station (국제우주정거장협정의 법제도에 관한 고찰방안)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.9-27
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    • 2007
  • The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.

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A Study on the Legal System in the Inter-Governmental Agreement on the International Space Station (국제우주정거장협정의 법제도에 관한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.17-34
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    • 2007
  • The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.

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The Significance of Registration Convention and its Future Challenges in Space Law (등록협약의 우주법상 의의와 미래과제에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.375-402
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    • 2020
  • The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

The Main Contents and Task in Future for the Air Transport Law Established Newly in the Korean Revised Commercial Law

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.75-101
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    • 2012
  • As the Reublic of Korea revised the Commercial Code including 40 articles of air transport enacted newly on May 23, 2011, so Korea became first legislative examples in the Commercial Code of the developed and developing countries. I would like to explain briefly the main contents of my paper such as (1) history of enacting newly Part VI (air transport) in the Korea's revised commercial law, (2) legal background enacting newly Part VI (air transport) in the Korea's revised commercial law and the problems on the conditions of air transport, (3) every countries' legislative examples on the civil liability of aircraft's operator, (4) unlawful Interference Convention and general risk convention of 2009, (5) main contents and prospects of the revised Commercial Code for the liability of aircraft's operator etc as the followings. Meanwhile as the Aviation Act, Commercial Code and Civil Code in Korea and Japan did not regulated at all the legal basis of solution on the disputes between victims and offender for the amount of compensation for damage due to personal or property damage caused by aircraft accidents in Korea and Japan, so it has been raised many legal problems such as protection of victims, standard of decision in trial in the event of aircraft accident's lawsuit case. But the Korean Revised Commercial Code including Part VI, air transport regulations was passed by the majority resolution of the Korean National Assembly on April 29, 2011 and then the South Korean government proclaimed it on May 23 same year. The Revised Commercial Code enforced into tothe territory of the South Korea from November 24, 2011 after six month of the proclaimed date by the Korean Government. Thus, though Korean Commercial Code regulated concretely and respectively the legal relations on the liability of compensation for damage in the contract of transport by land in it's Part II (commercial activities) and in the contract of transport by sea in its Part V (marine commerce), but the Amended Commercial Act regulated newly 40 articles in it's Part VI (air transport) relating to the air carrier's contract liability on the compensation for damage caused by aircraft accidents in the air passengers and goods transport and aircraft operator's tort liability on compensation for damage caused by the sudden falling or collision of aircraft to third parties on the surface and so it was equipped with reasonable and unified system among the transport by land, marine and air. The ICAO adopted two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties at a diplomatic conference hosted by it from April 20 to May 2, 2009. The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. One legal instrument adopted by the Conference is "the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft" (Unlawful Interference Convention). The other instrument, "the Convention on Compensation for Damage Caused by Aircraft to Third Parties" (General Risk Convention), modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It is desirable for us to ratify quickly the abovementioned two conventions such as Unlawful Interference Convention and General Risk Convention in order to settle reasonably and justly as well as the protection of the South Korean peoples.

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Discussion by UNCITRAL for Development of International Commercial Conciliation and Arbitration Systems (국제상사조정 및 중재제도 개선에 관한 UNCITRAL 논의동향)

  • Lee, Kang Bin
    • Journal of Arbitration Studies
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    • v.10 no.1
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    • pp.3-25
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    • 2000
  • At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

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