• Title/Summary/Keyword: Soft Law

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Optimal Guidance Law Using Exact Linearization (ICCAS 2005)

  • Ogawa, Takahiro;Uchiyama, Kenji;Shimada, Yuzo
    • 제어로봇시스템학회:학술대회논문집
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    • 2005.06a
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    • pp.1228-1233
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    • 2005
  • In this paper, we present a new guidance law for a reusable launch vehicle (RLV) that lands vertically after reentry. In our past studies, a guidance law was developed for a vertical/soft landing to a target point. The guidance law, which is analytically obtained, can regenerate a trajectory against disturbances because it is expressed in the form of state feedback. However, the guidance law does not necessarily guarantee a vertical/soft landing when a dynamical system such as an RLV includes a nonlinear phenomenon owing to the atmosphere of the earth. In this study, we introduce a design of the guidance law for a nonlinear system to achieve a vertical/soft landing on the ground using the exact linearization method and solving the two-point boundary-value problem for the derived linear system. Numerical simulation confirmed the validity of the proposed guidance law for an RLV in an atmospheric environment.

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A Study on the Application of UNIDROIT Principles in International Commercial Transaction (국제상거래에서의 UNIDROIT원칙 적용에 관한 연구 - 국제물품매매계약에 관한 유엔협약(CISG)과의 비교를 중심으로 -)

  • Woo, Kwang-Myung
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.453-479
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    • 2012
  • The increase in international trade is clearly reflected by litigation and arbitration. Despite the importance of international commercial transaction, until very recently little was known about how the law interacts with actual practice. The CISG obviously plays an important role, but we are concerned with using choice of law to resolve issue that the CISG leaves unresolved. The case law UPICC is now accessible by means of UNILEX, the database on international case law that focus on CISG cases. The courts and arbitration tribunals throughout the world are developing a growing body of international case law on issues not resolved by the CISG, though arising from transactions to which the CISG applies. The application of the CISG is obligatory due to its nature as hard law an international convention. However, UPICC are only restatements and more flexibility, comprehensive instrument than CISG. This article offers to promote the UPICC application from their present status as a mere soft law instrument through analysing UNILEX cases.

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Operations on Generalized Intuitionistic Fuzzy Soft Sets

  • Park, Jin-Han
    • International Journal of Fuzzy Logic and Intelligent Systems
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    • v.11 no.3
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    • pp.184-189
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    • 2011
  • Generalized intuitionistic fuzzy soft set theory, proposed by Park et al. [Journal of Korean Institute of Intelligent Systems 21(3) (2011) 389-394], has been regarded as an effective mathematical tool to deal with uncertainties. In this paper, we prove that certain De Margan's law hold in generalized intuitionistic fuzzy soft set theory with respect to union and intersection operations on generalized intuitionistic fuzzy soft sets. We discuss the basic properties of operations on generalized intuitionistic fuzzy soft sets such as necessity and possibility. Moreover, we illustrate their interconnections between each other.

Asymptotic analysis of Mohr-Coulomb and Drucker-Prager soft thin layers

  • Lebon, F.;Ronel-Idrissi, S.
    • Steel and Composite Structures
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    • v.4 no.2
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    • pp.133-147
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    • 2004
  • This paper deals with the asymptotic analysis of Mohr-Coulomb and Drucker-Prager soft thin layers bonded with elastic solids. In the first part, a mathematical analysis shows how to obtain an interface law that replaces mechanically and geometrically the thin layer. This law is strongly non-linear and couples microscopic and macroscopic scales. In the second part of the paper, the microscopic terms are quantified numerically, and it is shown that they can be neglected.

A study on possibility of soft target terrorism by ISIS in South Korea (자국내 IS테러단체에 의한 소프트타깃 테러발생 가능성에 대한 연구)

  • Oh, Sei-Youen;Yun, Gyeong-Hui
    • Korean Security Journal
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    • no.47
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    • pp.85-117
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    • 2016
  • These days, ISIS terrorists have been expanding not only to european countries, but also to asian countries so South Korea is no longer safe from terrorists' attacks. Especially, 'soft target terrorism' makes many people maximizing fear of terrorism because it is caused by small groups - those who are armed with small arms and light weapons - and they are able to carry out hit and run attacks on civilian targets. It poses even more dangerous to kill massively. That is why November 2015 Paris attacks and January 2016 Jakarta attacks killed and injured many people because of 'soft target terrorism.' Therefore, the South Korea has also recognized the seriousness of terrorism by ISIS. The study has shown the precautionary measures about 'soft target terrorism' and how to defend against 'soft target terrorism' by looking through overseas examples. It is for the possibilities of 'soft terrorism' in South Korea because of the expansion of ISIS. As a result, 'soft target terrorism', caused by ISIS, could happen in South Korea. The counterplan is as in the following. First of all, 'soft target terrorism', which is collaborated with ISIS and domestic terrorists, could be caused by negative awareness of foreign residents and xenophobia so the public should change stereotypes about the foreign residents and there should be legislation about racial discrimination enacted by parliament and the government must practice the law. Second, the Korean anti-terrorism laws should be modified to minimize violations of human rights, related to the Korean citizens' personal information, and to stop the concentration of power into the hands of one law enforcement. Third, the government has to develop and to initiate the refuge&evacuation simulation, which prepares for 'soft target terrorism' and minimizes the damages if terrorists attack hot spots like central commercial areas or event halls.

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A simple creep constitutive model for soft clays based on volumetric strain characteristics

  • Chen, G.;Zhu, J.G.;Chen, Z.;Guo, W.L.
    • Geomechanics and Engineering
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    • v.29 no.6
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    • pp.615-626
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    • 2022
  • The soft clays are widely distributed, and one of the prominent engineering problems is the creep behavior. In order to predict the creep deformation of soft clays in an easier and more acceptable way, a simple creep constitutive model has been proposed in this paper. Firstly, the triaxial creep test data indicated that, the strain-time (𝜀-t) curve showing in the 𝜀-lgt space can be divided into two lines with different slopes, and the time referring to the demarcation point is named as tEOP. Thereafter, the strain increments occurred after the time tEOP are totally assumed to be the creep components, and the elastic and plastic strains had occurred before tEOP. A hyperbolic equation expressing the relationship between creep volumetric strain, stress and time is proposed, with several triaxial creep test data of soft clays verifying the applicability. Additionally, the creep flow law is suggested to be similar with the plastic flow law of the modified Cam-Clay model, and the proposed volumetric strain equation is used to deduced the scaling factor for creep strains. Therefore, a creep constitutive model is thereby established, and verified by successfully predicting the creep principal strains of triaxial specimens.

CISG and Arbitration Agreements: A Janus-Faced Practice and How to Cope with It

  • Flecke-Giammarco, Gustav;Grimm, Alexander
    • Journal of Arbitration Studies
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    • v.25 no.3
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    • pp.33-58
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    • 2015
  • Arbitration clauses or institutional arbitration rules rarely, if ever, specify the law applicable to the arbitration agreement. A wide range of laws may thus govern this question, such as the law at the place of arbitration, the law where the agreement or the award is enforced or the law of the main contract between the parties. It is also conceivable that international uniform law or soft law may play a role. Tribunals and courts seized with this question must consequently decide which of these various laws shall apply to verify the existence and validity of the arbitration agreement. This paper picks up on this controversially debated conflict of laws issue. At times, this debate is characterized by a strong divide between arbitration and international trade law practitioners. But are the different approaches really leading to diverging results in arbitral practice?

Nanotechnology Risk Governance in Korea (나노기술에 대한 한국의 위험거버넌스 분석)

  • Kim, Eun-sung
    • Journal of Technology Innovation
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    • v.21 no.3
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    • pp.1-39
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    • 2013
  • This article explores the risk governance of nanotechnology in Korea in light of a regulatory law approach, a soft law approach, and a participatory governance approach. The risk governance of nanotechnology in Korea has three characteristics. First, there are many existing regulatory laws that can be applied to the regulation of nanotechnology. However, these laws have exemptions, the extent of which are larger than that of the Europe and the United States. Second, the soft law approach is the most prevalent risk policy in Korea at present, but is limited because it is being driven by the government without active, voluntary participation of relevant companies. Third, no case of participatory governance took place when it comes to nanotechnology technology assessment. As policy recommendations to improve Korean nanotechnology risk governance, this article suggests pre-market screening, mandatory governmental registration of nanomaterials, transition management of code of conduct, and the design of interdisciplinary research and development project for real-time technology assessment.

Militarization and Weaponization of Outer Space in International Law

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.261-284
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    • 2018
  • The current international legal system does not provide a safeguard against the militarization and the weaponization of outer space. Although the term "peaceful use of outer space" in the 1967 Outer Space Treaty(OST) appears in official government statements or in multilateral space treaties, it is still without an authoritative definition in reviewing national practices. The ambiguous ban on weapons in Article IV of the OST allows countries to loophole on the deployment of other weapons other than nuclear weapons. Meanwhile "Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT)" to Conference on Disarmament (CD) commissioned by the UN General Assembly's Special Session jointly submitted by China and Russia in 2008 and later revised in 2014, attempting to define and prohibit the proliferation of weapons in outer space and provided definitions of prohibited weapons, are opposed by the US on the grounds that currently there is no arms race in outer space. Some experts support a hard law approach in which binding laws aimed at ultimately creating integrated and binding legal instruments in all aspects of the use of outer space should be adopted to regulate the military use of space. However as a temporary measure the soft law guidelines should be developed for the non liquiet, a situation where there is no applicable law. The soft law could be used to create support for the declaration of the treaties and to create international customary law. For example, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space that regulates the activities of the state in the exploration and use of the universe, and the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space will illustrated. While substantial portions of the former was codified later in the 1967 OST, the latter which, although written in somewhat mandatory terms, have been consistently complied with by states, have arguably become part of customary international law. On November 12, 1974, the General Assembly reaffirmed that the development of international law may be reflected inter alia, by declarations and resolutions of the General Assembly which may to that extent be taken into consideration by the International Court of Justice.

The Role of the Soft Law for Space Debris Mitigation in International Law (국제법상 우주폐기물감축 연성법의 역할에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.469-497
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    • 2015
  • In 2009 Iridium 33, a satellite owned by the American Iridium Communications Inc. and Kosmos-2251, a satellite owned by the Russian Space Forces, collided at a speed of 42,120 km/h and an altitude of 789 kilometers above the Taymyr Peninsula in Siberia. NASA estimated that the satellite collision had created approximately 1,000 pieces of debris larger than 10 centimeters, in addition to many smaller ones. By July 2011, the U.S. Space Surveillance Network(SSN) had catalogued over 2,000 large debris fragments. On January 11, 2007 China conducted a test on its anti-satellite missile. A Chinese weather satellite, the FY-1C polar orbit satellite, was destroyed by the missile that was launched using a multistage solid-fuel. The test was unprecedented for having created a record amount of debris. At least 2,317 pieces of trackable size (i.e. of golf ball size or larger) and an estimated 150,000 particles were generated as a result. As far as the Space Treaties such as 1967 Outer Space Treaty, 1968 Rescue Agreement, 1972 Liability Convention, 1975 Registration Convention and 1979 Moon Agreement are concerned, few provisions addressing the space environment and debris in space can be found. In the early years of space exploration dating back to the late 1950s, the focus of international law was on the establishment of a basic set of rules on the activities undertaken by various states in outer space.. Consequently environmental issues, including those of space debris, did not receive the priority they deserve when international space law was originally drafted. As shown in the case of the 1978 "Cosmos 954 Incident" between Canada and USSR, the two parties settled it by the memorandum between two nations not by the Space Treaties to which they are parties. In 1994 the 66th conference of International Law Association(ILA) adopted "International Instrument on the Protection of the Environment from Damage Caused by Space Debris". The Inter-Agency Space Debris Coordination Committee(IADC) issued some guidelines for the space debris which were the basis of "the UN Space Debris Mitigation Guidelines" which had been approved by the Committee on the Peaceful Uses of Outer Space(COPUOS) in its 527th meeting. On December 21 2007 this guideline was approved by UNGA Resolution 62/217. The EU has proposed an "International Code of Conduct for Outer Space Activities" as a transparency and confidence-building measure. It was only in 2010 that the Scientific and Technical Subcommittee began considering as an agenda item the long-term sustainability of outer space. A Working Group on the Long-term Sustainability of Outer Space Activities was established, the objectives of which include identifying areas of concern for the long-term sustainability of outer space activities, proposing measures that could enhance sustainability, and producing voluntary guidelines to reduce risks to long-term sustainability. By this effort "Guidelines on the Long-term Sustainability of Outer Space Activities" are being under consideration. In the case of "Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space" adopted by UNGA Resolution 1962(XVIII), December 13 1963, the 9 principles proclaimed in that Declaration, although all of them incorporated in the Space Treaties, could be regarded as customary international law binding all states considering the time and opinio juris by the responses of the world. Although the soft law such as resolutions, guidelines are not binding law, there are some provisions which have a fundamentally norm-creating character and customary international law. In November 12 1974 UN General Assembly recalled through a Resolution 3232(XXIX) "Review of the role of International Court of Justice" that the development of international law may be reflected, inter alia, by the declarations and resolutions of the General Assembly which may to that extend be taken into consideration by the judgements of the International Court of Justice. We are expecting COPUOS which gave birth 5 Space Treaties that it could give us binding space debris mitigation measures to be implemented based on space debris mitigation soft law in the near future.