• Title/Summary/Keyword: Territorial justice

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A 'Social Justice' in Geography of Welfare (사회정의와 복지지리학에 관한 고찰)

  • Bae, Mi-Ae
    • Journal of the Korean association of regional geographers
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    • v.9 no.4
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    • pp.546-558
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    • 2003
  • Social justice has been an interest of whole geographers for almost four decades. The conception of social justice includes fairness and equity in the distribution of a wide range of attributes. The purpose of this study is to understand social justice in geography of welfare. The theories of social justice are needed to describe relationship between social justice and geography of welfare. The evaluation of spatial variations in welfare is closely associated with social justice. Equality, equity, efficiency, and fairness are the reasonable criteria to apply to the evaluation of distributions of welfare, relating to distributive(or territorial) justice. However, there are complications in the spatial application of welfare evaluation criteria, including access across space, boundary crossing and ecological fallacy.

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Reviews on the Concept of Effective Control in International Legal Cases and with Regard to Dokdo (국제판례상 실효적 지배의 개념과 독도에 관한 고찰)

  • Lee, Yong Hee
    • Ocean and Polar Research
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    • v.35 no.4
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    • pp.313-322
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    • 2013
  • The concept of effective control is a crucial element for the acquisition as well as maintenance of territorial title. The general meaning of the concept has been described as 'an intentional display of power and authority over the territory, by the exercise of jurisdiction and State functions, on a continuous and peaceful basis'. The concept has been developed through some significant international cases such as the Island of Palmas case (1928), Legal Status of Eastern Greenland (1933), Minquiers and Ecrehos case (1953), Burkina Faso/Mali case (1986) and Nicaragua/Colombia case (2012). In relation to Dokdo, the concept has an important bearing in regard to Korea's claims of territorial sovereignty over the island. This paper reviews the definition, components and ramifications of the effective control with regard to the acquisition and maintenance of territorial title through analyzing the relevant judgements of international courts and tribunals. Furthermore, it exams the legal ramifications of the current effective control on Dokdo and makes some suggestions for the strengthening of Korea's position on the island.

Rukun and Adat in Javanese Villages: A New Territorial Model for Understanding Javanese Culture (자바 마을의 루꾼과 아닷: 자바 문화 이해를 위한 영토성 모델 제안)

  • CHO, Youn-Mee
    • The Southeast Asian review
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    • v.23 no.1
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    • pp.195-234
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    • 2013
  • Javanese culture has been perceived as peace-oriented and conflict-avoiding in both academic studies and local people's discourses, and this perception has been crystallized in the "rukun model" for understanding Javanese culture. But in reality, although the rukun values have been internalized in Javanese mindset, violence has never ceased in Javanese society and even seems more widespread in the Indonesian reform era. Based on this understanding, this paper reveals the limitations of peace-oriented rukun model which cannot explain conflict and violence, and instead suggests an alternative "territorial model" which can involve both peace and conflict. For that purpose, the author examines aspects of territoriality embedded in three components of Javanese villages: people, territory, and adat, and argues that territoriality works as the principle of organizing and managing Javanese society, as shown in their social stratum and various cultural practices as well as the way morality and justice are defined. By theorization of territorial model, we can understand rukun values and adat from a new perspective and thus achieve a more complete understanding of Javanese culture.

A Longitudinal Study on the Changes in Individual Local Government's Social Spending in South Korea (기초지방정부 사회복지비 지출비중의 변화요인 탐색)

  • Jang, Dong-Ho
    • Korean Journal of Social Welfare
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    • v.59 no.1
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    • pp.329-351
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    • 2007
  • This study analyzes the changes in individual local government's social spending from 1995 to 2004 in South Korea. Using the pooled time-series and cross-sectional data of 226 basic-level local governments, the resulting analyses of an error correction model are very interesting: First, a rising local population led to an immediate increase in social spending; Secondly, local governments gradually increased social spending when the elderly ratio had been high, but the levels of social spending in the previous year and local economy related spending level had been low. Thirdly, there were no spending changes associated with local elections and partisan politics. Fourthly, both cooperative and competitive intergovernmental relations had the most significant effect on the social spending and reduced geographical disparities in the level of spending across localities. In conclusion, this study suggests that we establish a more comprehensive intergovernmental network which lead to territorial justice in social welfare.

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A Study on the Utilization and Problems of Online Dispute Resolution : Focusing on the Online Arbitration (온라인분쟁해결의 활용과 문제점에 관한 연구 - 온라인중재를 중심으로 -)

  • Yu, Byoung-Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.191-223
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    • 2003
  • Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.

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