• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.111-132
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• 2014

This paper analyzed the obligations of the parties entering into an international leasing agreements, focusing on the Draft Common Frame of Reference (DCFR) Book IV, Part B. The lessor's obligations are as follows. i) The lessor must deliver goods to the lessee by the due date of delivery so that the lessee can use the goods on the starting date of the lease agreement. ii) The lessor must conform with the contract so that the goods meet the purpose of the contract at the start of the lease agreement and throughout the period of the lease agreement. iii) If the lessee returns the goods upon the termination of the lease agreement, the lessor must cooperate with the lessee. The lessee's obligations are as follows. i) The lessee must pay rent, which is the most critical obligation of the lessee. ii) The lessee must cooperate with the lessor so that the lessor can perform the obligation to deliver the goods and accept the goods of which the lessee shall take control. iii) The lessee shall perform fiduciary duties while it uses and makes profits from the goods, and when the lessor cannot take any measure to protect the object, the lessee must prevent damage. Further, if the lessor pays expenses that are not considered necessary expenses, the lessor may not be reimbursed and must accept the goods after delivery to preserve them. iv) The lessee must give notice to the lessor if there is a possibility that a third party can claim rights to goods or infringe upon the lessor's ownership while using the goods. v) At the end of the lease period, the lessee must return the goods to the lessor.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.327-358
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• 2014

During the past decade after entering the World Trade Organization (WTO), China has quickened its integration into the global economy while its foreign trade has been further invigorated. On the 10th anniversary of China's accession to the WTO, the Chinese government issues White Paper to give a comprehensive introduction to China's foreign trade development. Through this paper, the Chinese government introduces I. Historic Progress in China's Foreign Trade II. Reform of and Improvements to China's Foreign Trade System III. The Development of China's Foreign Trade Contributes to the World Economy IV. Promoting Basically Balanced Growth of Foreign Trade V. Constructing All-round Economic and Trade Partnerships with Mutually Beneficial Cooperation VI. Realizing Sustainable Development of Foreign Trade. At present, the underlying impact of the international financial crisis, the protracted, arduous and complicated nature of the world economic recovery is manifesting itself, and the global economic structure and trade layout face in-depth readjustment. China will make new adjustments to its foreign trade, in an effort to turn foreign trade from scale expansion to quality and profit improvement, and from mainly relying on its low-cost advantage to enhancing its comprehensive competitive edge, thereby turning China from a big trading country to a strong trading power. China's foreign trade is still hampered by many uncertainties and is bound to meet new difficulties and challenges. During the 12th Five-year Plan period China will open itself wider to the outside world as a driver for further reform, development and innovation, make full use of its advantages, strengthen international cooperation in all respects. And at the same time China integrate itself into the world economy on a wider scale and at a higher level. China is willing to work with its trading partners to cope with the various challenges facing the world economy and trade, and promote its foreign trade to realize a more balanced, coordinated and sustainable development, and share prosperity and mutually beneficial results with its trading partners.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.145-166
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• 2012

This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.49 no.2
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• pp.105-109
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• 2004

Field studies were conducted in the southeastern Korea ($36^{\circ}$N) on a commerce silt loam soil at paddy field. Seed were manually planted on 16 July 2003. Plants were planted with plant densities of 70${\times}$10 cm (row width x plant spacing), 50 x 10 cm, and 30 ${\times}$10 cm. Two seedlings per hill were taken prior to V3 stage. Fertilizer was applied prior to plant at a rate of 30-30-34 kg (N-$\textrm{P}_2\textrm{O}_5$-$\textrm{K}_2\textrm{O}$) per ha. Experimental design was a randomized complete block in a split plot arrangement with three replications. Yield from different planting densities responded similarly in three soybean cultivars and increased when planting density increased. Somyeongkong showed the highest increasing rate of yield about 26% by 338 g $\textrm{m}^{-2}$ at 30 x l0 cm compared to yield of conventional planting density (70 x 10 cm). Also, the planting density significantly affected pod and seed number and seed weight, but not seed per pod. The tallest plant appeared at 30${\times}$10 cm. The change of leaf area according to days after emergence showed differently in soybean cultivars. The highest and lowest total dry matter production per square meter appeared at 30 x 10 cm and at 70 x 10 cm, respectively. Crop growth rate (CGR) showed greater at R3∼R4 stages compared with V7∼R2 or R2∼R3 growth stages and showed the greatest at 30 x 10 cm in three soybean cultivars. As late planted soybean, there was a significant relation between seed yield and CGR, and leaf area index (LAI) according to planting densities at before and after the flowering stage. Relationship between seed yield and CGR in three planting densities showed a highly significant positive relation ($\textrm{R}^2$=0.757) at R3 to R4 stages, and significant relations ($\textrm{R}^2$=0.505, 0.617) at V7 to R2 and V2 to V3. Also, there was a highly significant positive difference between seed yield and LAI during R3 to R4 and R2 to R3 stages.

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.3-24
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• 2010

In the approaching 21th century, the outstanding development in international trade and commerce has established arbitration as the preferred form of dispute resolution on international business transaction. Because the form of commercial dispute becomes more complicated and varied with the quantitative increase of them, the reasonable and rapid settlement of them must be the important problem simultaneously. In this article, the author discusses various issues on the recognition and enforcement of an foreign arbitral awards under Korean Arbitration Act, which is modeled after the Model Law on International Commercial Arbitration of the UNCITRAL of 1985. The Dec. 31, 1999 amendment to the Korean Arbitration Act admits the basis for enforcement of foreign arbitral awards rendered under United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958(commonly known as the New York Convention). Korea has acceded to the New York Convention since 1973. When acceding to the convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of anther Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provision relating to the enforcement of arbitral awards falling under the New York Convention consists of Article III, IV, V. In particular, Article V of the New York Convention enumerates the grounds for refusal of recognition foreign arbitral awards. The grounds are separated into two categories : One that abides by procedures and the others are based on national legal sovereignty. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of awards. Because Korea requires enforcement to be based on a judgement, the result is that arbitral of award holders are forced to institute domestic litigation.

• Journal of Microbiology and Biotechnology
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• v.16 no.4
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• pp.613-618
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• 2006

Two endoxylanases from an alkaliphilic bacterium, Bacillus halodurans C-1, were purified 3.8- and 7.9- fold with specific activities of 9.4 and 19.8U/mg protein, respectively. The molecular masses of both purified enzymes were 23 and 47 kDa, respectively, and 23 kDa xylanase I (Xyl I) exhibited an optimum pH at 7.0, whereas 47 kDa xylanase II (Xyl II) showed a broad pH range of 5.0 to 9.0. The temperature optima of both xylanases were $60^{\circ}C\;and\;70^{\circ}C$, respectively. Both were stable in the pH range of 6.0 to 9.0 and 5.0 to 10.0, respectively, and they were stable up to $60^{\circ}C\;and\;70^{\circ}C$, respectively. The $K_m\;and\;V_{max}$ of Xyl I were 4.33mg/ml and $63.5{\mu}mol/min/mg$, respectively, whereas Xyl II had a $K_m$ value of 0.30 mg/ml and $V_{max}$ of $210{\mu}mol/min/mg$. Both xylanases hydrolyzed xylans from birchwood, oat spelt, and larchwood. However, they showed different modes of action; a series of xylooligosaccharides larger than xylotriose were released as the major products by Xyl I, whereas xylobiose and xylotriose were the main products by Xyl II. The maximum synergistic action of the two enzymes on hydrolysis of xylan was 2.16 with the ratio of Xyl I to Xyl II at 1:9.

• Journal of Positioning, Navigation, and Timing
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• v.4 no.3
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• pp.115-122
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• 2015

Global Positioning System (GPS) is used in various fields such as communications systems, transportation systems, e-commerce, power plant systems, and up to various military weapons systems recently. However, GPS receiver is vulnerable to jamming signals as the GPS signals come from the satellites located at approximately 20,000 km above the earth. For this reason, various anti-jamming techniques have been developed for military application systems especially and it is also required for commercial application systems nowadays. In this paper, we proposed a dual-channel Global Navigation Satellite System (GNSS) RF ASIC for digital pre-correlation anti-jam technique. It not only covers all GNSS frequency bands, but is integrated low-gain/attenuation mode in low-noise amplifier (LNA) without influencing in/out matching and 14-bit analogdigital converter (ADC) to have a high dynamic range. With the aid of digital processing, jamming to signal ratio is improved to 77 dB from 42 dB with proposed receiver. RF ASIC for anti-jam is fabricated on a 0.18-μm complementary metal-oxide semiconductor (CMOS) technology and consumes 1.16 W with 2.1 V (low-dropout; LDO) power supply. And the performance is evaluated by a kind of test hardware using the designed RF ASIC.

• Journal of Distribution Science
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• v.20 no.6
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• pp.11-19
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• 2022

Purpose: This study aims at exploring and understanding the effect of four independent variables related to dairy retail marketing and distribution (deep freezers, promotions, company support and distributor-retailer relationship) and one moderating variable Covid-19 lockdown on sales of dairy product during the Covid 19 pandemic situation. Research design and methodology: Personal interviews and door-to-door surveys and promotional tools were designed to publicise and collect data from the retailers. The sale data before, during and after promotion activity were all recorded and evaluated to draw an inferential conclusion. Factor analysis and multiple regression methods were adopted to analyses the data collected. Results: The research shows that four out of the five factors studied was found having significant impact on dairy retail sales. The highest impact on sales was contributed by promotions, secondly by the deep freezer impact followed by distributor-retailer relationship during the study period and lastly but not the least due to influence of Covid-19 lockdown. Conclusions: The study contributes to the body of knowledge in cold chain distribution process through utilization of right mix of tools and tactics for effective marketing and distribution of dairy products in developing countries especially during a pandemic situation.

• The Journal of Information Technology
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• v.7 no.1
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• pp.43-56
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• 2004

The purpose of this paper is to study the send and receive of the message in the TEDI System. The TEDI System replaces a series of trade documents with electronic date, and it realizes secure and reliable transactions of data among parties by means of open networks, such as the Internet. The TEDI system is composed of Web browsers, TC Serves, a RSP Server, and Certification Servers. TEDI has development the system and legal frame work. Exporters, importers, carriers, banks insurance and companies those who engage in the trade releated business have tested TEDI system and evaluated the legal frame work from the practical point of view. TEDI is now refining the system and preparing for the service. A fundamental feature of the TEDI System is the attribution to participants of data messages through public key certificates issued by certification authorities that allow for verification of digital signatures. Access to servers maintained by such certification authorities also takes place through the internet. In principle, certificates used by any reputable certification authority may be employed as long as they are compatible with X.509 V3.

• International Commerce and Information Review
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• v.14 no.3
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• pp.231-251
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• 2012

The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.