• Title/Summary/Keyword: international practice and usage

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A Study on the Accomodation of Trade Usage or Practice in CISG (UN 통일매매법(統一賣買法)(CISG)에서 국제무역관습(國際貿易慣習)의 수용여부(受容與否)에 관한 고찰(考察))

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.163-200
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    • 1999
  • The CISG entrusts many problems to trade or practice : for example the problems which can't be compromised between civil law system and common law system ; the problems in which the application of usage or practice in universal ; the problems of rapid change according to trade circumstance. The purpose of this paper is to confirm whether the CISG is accomodating the usage or practice in its Text, and to find which topic is most closely related to usage or practice in CISG. The Article 9 in the CISG is a provision of usages or practices applicable to contract. But the problems of the CISG in the accomodation of usages or practices are that it lacks the definitions of ‘usage’ and ‘practices’, the CISG is not concerned with the validity of any usage according to Article 4, and the application of usage or practice may differ in litigation and arbitration The topics such as delivery of goods, payment of price and the transfer of risk are most closely related to usages and practices. The delivery of goods and the transfer of risk are determined by the trade terms like FOB or CIF. But the method of identification and the risk for the sale of goods in transit can't be determined by the trade terms in INCOTERMS(1990). So the CISG may serve as complementing role. In payment of price, the trade term does not refer to the time and place of payment. So the CISG may be the basis of interpretation. Likewise the usages and practices such as trade terms, UCP and so on, can be expected to play a significant role in complementing and interpreting the CISG.

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A Legal Study on the Standard for Conformity of the Goods in the International Sale of Goods (국제물품매매계약상(國際物品賣買契約上) 물품일치성(物品一致性)의 기준(基準)에 관한 법리적(法理的) 고찰(考察))

  • Song, Myeong-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.133-162
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    • 1999
  • The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

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A practice on performance testing for web-based systems Hyperlink testing for web-based system

  • Chang, Wen-Kui;Ron, Shing-Kai
    • International Journal of Quality Innovation
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    • v.1 no.1
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    • pp.64-74
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    • 2000
  • This paper investigates the issue of performance testing on web browsing environments. Among the typical non-functional characteristics, index of link validity will be deeply explored. A framework to certify link correctness in web site is proposed. All possible navigation paths are first formulated to represent a usage model with the Markov chain property, which is then used to generate test script file statistically. With collecting any existing failure information followed by tracing these testing browsed paths, certification analysis may be performed by applying Markov chain theory. The certification result will yield some significant information such as: test coverage, reliability measure, confidence interval, etc. The proposed mechanism may provide not only completed but also systemic methodologies to find any linking errors and other web technologies errors. Besides, an actual practice of the proposed approach to a web-based system will be demonstrated quantitatively through a certification tool.

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An Empirical Study on Traditional, Complementary and Alternative Medicine Usage among Malaysian Cancer Patients

  • Nagashekhara, Molugulu;Murthy, Vasudeva;Mruthyunjaya, Anil Tumkur;Ann, Lim Li
    • Asian Pacific Journal of Cancer Prevention
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    • v.16 no.15
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    • pp.6237-6241
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    • 2015
  • Usage of traditional, complementary and alternative medicine (TCAM) has gained popularity over the past few years. However, very little is known about TCAM use among Malaysian cancer patients. This study aimed to identify the determinants of TCAM usage among cancer patients with determination of relationships between demographic factors, patient satisfaction with conventional treatment, knowledge on TCAM and healthcare professional influence. Patient's perceptions towards TCAM were also determined. A simple random convenient sampling method was used to recruit 354 patients from Hospital Kuala Lumpur between February to April 2013. All were directly interviewed with a structured questionnaire. In this study, 172 respondents were TCAM users. There was no significant differences between demographic background of respondents in the usage of TCAM. Minimal correlation was found between patient satisfaction with the conventional treatment and usage of TCAM (r=0.091). A poor correlation was found between healthcare professional's influence and TCAM usage (r=-0.213) but the results suggested that increase in influence would decrease TCAM usage. Patient TCAM knowledge correlated negatively with the TCAM usage (r=-0.555) indicated that cancer patients are less likely to use TCAM when they have more TCAM knowledge. Healthcare professionals should be fully equipped with the necessary TCAM knowledge while maintaining patient satisfaction with the conventional treatment. They should also intervene on patient TCAM usage where a potential drug interaction or a harmful adverse event can occur.

Review of Legislation Case in Main Country about the Validity of International Commercial Contract (국제상사계약의 유효성에 관한 주요국가의 입법례 검토)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.153-178
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    • 2016
  • The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

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Analyzing the Impact of Value Satisfaction on Behavioral Intention to Use E-Resources

  • Kumar, Vinod;Garg, Ruchi Jain;Vandana, Vandana;Zia, Adil
    • Journal of Information Science Theory and Practice
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    • v.10 no.3
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    • pp.1-14
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    • 2022
  • The present study investigates the impact of perceived value metrics in driving satisfaction and behavioral intention to use e-resource among its users. Utilitarian, hedonic, uniqueness, epistemic, and economic are key values selected for the purpose of investigation in the study. This empirical study is carried out through a survey and responses have been analyzed using structural equation modelling. The target group is selected by means of simple random sampling (users of e-resources in selected business schools). Findings of the study reveal that utilitarian values, hedonic values, epistemic values, and uniqueness values have a significant impact on the usage intention of e-resources; however, economic values reflect an insignificant relationship to intention to use e-resources. The study is a distinctive piece of work on investigating the most and the least significant value(s) associated with satisfaction and usage intentions of e-resources.

An Empirical Analysis of Utilization and Performance of e-Trade with an Integrated Acceptance Model (전자무역의 활용수준과 성과 분석을 위한 통합 모형에 관한 실증연구)

  • Son, Tae-Kyu;Hong, Sa-Neung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.233-264
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    • 2012
  • This study proposes and verifies an integrated model that reflects and helps to explain complexities and comprehensiveness of e-Trade in practice. The primary objective was to widen and deepen our understanding about the phenomena of paperless trading which will enable us to formulate an effective means to promote the adoption and utilization of e-Trade infrastructure. This investigation combined and extended the theories and models of TAM, TOE framework, and TTF in order to identify and hypothesize the causal relationships between factors of technology, organization and environment, and the usage level and performance of e-Trade. The previous research on e-Trade was reviewed and incorporated into the extended model. The integrated model was tested based on the survey data collected from a sample of 417 trading firms. Overall, the regression and path analysis demonstrated the usefulness of the proposed model as a conceptual framework for better understanding and explanation of e-Trade. The result of the analysis implies the relevancy of the factors of technology, organization and environment for facilitating usage of and increasing performance of e-Trade. However, rejection of a few hypothesized relationships implies the necessity of extensive promotion and education about the related laws and regulations, and education, supervision and incentives for e-Trade practitioners.

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A Study on Reasonable Time in Article 39(1) of the CISG (CISG 제(第)39조(條) 제(第)1항(項)의 합리적'(合理的) 기간(期間)'에 관한 연구(硏究))

  • Heo, Kwang-Uk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.27-52
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    • 2007
  • As in more than half of the litigated cases, non-conformity of the goods is alleged by the buyer and, hence, the question aries of whether the buyer has given notice within a reasonable time and is thus allowed to rely on the lack of conformity at all, differences in interpreting the meaning of "reasonable time" in Article 39(1) CISG endanger uniformity of international sales law in a core area. This uniform interpretation of the "reasonable time" in Article 39(1) CISG can, however, not be achieved by merely making recommendations to courts and arbitral tribunals that case law from other CISG jurisdictions should be considered. This can at best lead to confusing results. As you know, the determining of reasonable time is depending on the circumstances concerned with the particular case. So the term 'reasonable time' has proven too imprecise due to its flexibility without defined uniform scale to assist the practitioners in a uniform application of Art. 39(1). Therefore I suggested the factors that influenced the determining of the reasonable time. The factors currently influencing whether an Art. 39(1) notice is given within reasonable time in international practice are: any international trade usage and practices, the nature of the remedy chosen by buyer, the nature of the goods delivered and the mode of dealing with the goods.

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LITERATURE REVIEW OF ANTIBIOTICS PRESCRIPTION IN GENERAL DENTAL AND ORAL-MAXILLOFACIAL SURGICAL PRACTICE (치과분야 항생제 처방에 대한 국내외 문헌 분석)

  • Jo, Sae-Hyung;Alrashdan, Mohammad;Choung, Han-Ul;Pang, Kang-Mi;Park, Jong-Chul;Kim, Soung-Min;Kim, Myung-Jin;Lee, Jong-Ho
    • Journal of the Korean Association of Oral and Maxillofacial Surgeons
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    • v.35 no.3
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    • pp.164-169
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    • 2009
  • Objectives : Administration methods of antibiotics implements a variety for indications and diseases. Therefore, it is impossible to produce a single guideline. Many antibiotics have been prescribed without specific index, by practicians for a long period of time. In general dental practice and oral and maxillofacial surgical practice, there is not a guidelines for antibiotics. Therefore, there is a dependency on pre-existent methods rather than following an exact guideline. Consequently, a controversy was issued that prescription of antibiotics tend to be misused or abused. And it is also direct relation to the tolerance of antibiotics as well. Moving forward, in this review we will be analyzing the exact usage and indication of antibiotics in dental treatment. Materials and Methods : 29 published articles of both domestic and international were researched through Pubmed and Kormed, and the review from these articles were performed accordingly. We examined the administration of antibiotics through the objective usage, that classified prophylactic and therapeutic. Results : For therapeutic usage, empirical prescription is mandatory for the first step. Next is to moderate the empirical prescription depending upon the result of its culture. Administration of antibiotics must be kept for 2days after the symptoms disappear. For a prophylactic use, we can generally pr escribe antibiotics to prevent local infection or systemic infection. Although the method of prescription and neccessity of antibiotics to prevent local in fection are controversial, exact guidelines of antibiotics to prevent systemic infection are established by AHA. Conclusion : Most crucial concept for prescript antibiotics is to determine if it is adequately suitable for all circumstances. In this decision making, a guideline for prescription of antibiotics in various dental surgical practice is necessary. This guideline can reduce the misusage and disusage of a ntibiotics in general dental practices and oral and maxillofacial surgical practices.

E-Commerce in the Historical Approach to Usage and Practice of International Trade ("무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)")

  • Tsubaki, Koji
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.224-242
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    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

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