• Title/Summary/Keyword: rules

Search Result 7,782, Processing Time 0.032 seconds

POLYNOMIAL-FITTING INTERPOLATION RULES GENERATED BY A LINEAR FUNCTIONAL

  • Kim Kyung-Joong
    • Communications of the Korean Mathematical Society
    • /
    • v.21 no.2
    • /
    • pp.397-407
    • /
    • 2006
  • We construct polynomial-fitting interpolation rules to agree with a function f and its first derivative f' at equally spaced nodes on the interval of interest by introducing a linear functional with which we produce systems of linear equations. We also introduce a matrix whose determinant is not zero. Such a property makes it possible to solve the linear systems and then leads to a conclusion that the rules are uniquely determined for the nodes. An example is investigated to compare the rules with Hermite interpolating polynomials.

A Case Study on the Limitations of the Choice of Law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts (턴키계약체결시 국제적 강행규정에 의한 준거법 제한에 관한 사례연구 - Clough Engineering Ltd v Oil & Natural Gas Corp Ltd 사건을 중심으로 -)

  • Oh, Won-Suk;Kim, Yong-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.54
    • /
    • pp.145-166
    • /
    • 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.

  • PDF

Features of Arbitration Rules of Chine se Arbitration Center Across the Straits and Implications of the Establishment of Arbitration Rules of South-North Commercial Arbitration Commission (중국 해협양안 중재센터(海峽兩岸仲裁中心) 중재규칙의 특징과 남북상사중재위원회 중재규칙 제정의 시사점)

  • Yang, Hyo-Ryoung
    • Journal of Arbitration Studies
    • /
    • v.28 no.2
    • /
    • pp.111-135
    • /
    • 2018
  • As the disputes in the investment and civil/commercial sectors of China and Taiwan have increased due to active cross-strait economic exchanges, the Chinese government is addressing cross-strait disputes through various dispute resolution methods. In recent years, the Arbitration Center Across the Straits (ACAS) has been established to resolve disputes between cross-strait parties, while ACAS Arbitration Rules have been enacted and enforced. ACAS Arbitration Rules are prepared by referring to the Arbitration Act of China and Taiwan, the relevant provisions and practices of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules and the cross-strait practical affairs of the China International Economic and Trade Arbitration Commission, and the cross-strait practical affairs giving consideration to the specificity of the cross-strait relationship and the characteristics of economic and trade disputes. Therefore, this paper has compared the features and main contents of the ACAS Arbitration Rules with those of the CIETAC Arbitration Rules. This refers to arbitration proceedings such as form and effect of arbitration agreement, decision of place of arbitration, and organization of arbitral tribunal; the provision of consolidation of multiple contracts and arbitration, and the provision of joinder of arbitration parties, which are implementing the "principle of party autonomy" with streamlining arbitration proceedings and reducing costs; "common, simple, and small sum arbitration proceedings which require shorter arbitration proceedings depending on the size of the arbitration object; and regulations on the "interconnection of mediation and conciliation" which is characteristic of China's arbitration system. Based on the above-mentioned main contents of the ACAS Arbitration Rules in China, there are some implications to be considered in the establishment of the Arbitration Rules of the South-North Commercial Arbitration Commission which will be applied to solve commercial and investment disputes arising from the Inter-Korean Economic Cooperation process, suggesting implications such as the need for the rapid composition and operation of the South-North Commercial Arbitration Commission, requirements for selecting arbitrators, expansion of the object of arbitration, specification of concreteness in deciding the place of arbitration, need to create a variety of arbitration proceedings, and application plan of the International Center for Settlement of Investment Dispute (ICSID) or Third Power Arbitration Agency.

Nonlinear Characteristics of Non-Fuzzy Inference Systems Based on HCM Clustering Algorithm (HCM 클러스터링 알고리즘 기반 비퍼지 추론 시스템의 비선형 특성)

  • Park, Keon-Jun;Lee, Dong-Yoon
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.13 no.11
    • /
    • pp.5379-5388
    • /
    • 2012
  • In fuzzy modeling for nonlinear process, the fuzzy rules are typically formed by selection of the input variables, the number of space division and membership functions. The Generation of fuzzy rules for nonlinear processes have the problem that the number of fuzzy rules exponentially increases. To solve this problem, complex nonlinear process can be modeled by generating the fuzzy rules by means of fuzzy division of input space. Therefore, in this paper, rules of non-fuzzy inference systems are generated by partitioning the input space in the scatter form using HCM clustering algorithm. The premise parameters of the rules are determined by membership matrix by means of HCM clustering algorithm. The consequence part of the rules is represented in the form of polynomial functions and the consequence parameters of each rule are identified by the standard least-squares method. And lastly, we evaluate the performance and the nonlinear characteristics using the data widely used in nonlinear process. Through this experiment, we showed that high-dimensional nonlinear systems can be modeled by a very small number of rules.

A Study on the Origin of the Incoterms and Regulation Problems of Some Rules in the Incoterms$^{(R)}$ 2010 (Incoterms$^{(R)}$ 2010의 근원과 일부 규정의 문제점에 관한 연구)

  • Oh, Se Chang;Park, Sung Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.57
    • /
    • pp.35-60
    • /
    • 2013
  • The Incoterms which is one of the most useful international instrument for sale of goods provides when a contract goods deliver, risk passes and how costs are allocated between seller and buyer on the contract as long as they agree to use a rule of the Incoterms rules. The Incoterms rules have come into effective to use for an international or domestic trade of goods since January 2011, which have been modified several times since these established by ICC in 1936. The origin of Incoterms rules may had been appeared from English traditional FOB terms that had been affected to American regulations for the sale of goods. The Incoterms rules which had been started from the traditional English FOB terms and American FOB terms have been expanded other trade terms, such as CIF. Although FOB is based on the COD(Cash on Delivery), it is possible replaced COD to CAD(Cash against Delivery) through the use of Bill of Lading and Letter of Credit in the international sale of goods between seller and buyer according to the development of infrastructures on the international commercial transactions. This article exercises the process of transition of the Incoterms rules, being based on the English and American traditional FOB contract form through review literatures, judical precedents and provisions. Then this article provides some feasible alternatives to attempting to resolve some regulation problems of FCA, CPT, CIP, and D-rules in the Incoterms$^{(R)}$ 2010.

  • PDF

A Study on Problems and Attentive of Incoterms$^{(R)}$ 2010 Rules (Incoterms$^{(R)}$ 2010 Rules의 문제점과 대안)

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.51
    • /
    • pp.3-54
    • /
    • 2011
  • The important and main purpose of revision of Incoterms rules are to adapt it to contemporary commercial practice in world trade, and to contribute to great service to foreign trade. Incoterms$^{(R)}$ 2010 revision basically focuses on trade terms to be used for any mode or modes of transport at compared Incoterms 2000 gouping in four basically different categories, and presents trade terms to be used for traditionally seaborn trade. Therefore the former is for trading in manufactured goods involved in containerization, the latter is for trading in community. This study focuses on a motive of revisions and main features of the Incoterms$^{(R)}$ 2010 rules, an outline, the problems and alternative of them. In conclusion, I would like present as follows; (1) Although they only concerned the models of delivery and critical point, they only say a few of the many factors of a sale contract, that is to say for the devision of fuctions, costs and risks between the contracting parties as supplement law, but the guestion of the legal position of Incoterms rules is various in different countries and scholars. in spite of that, it must focus on the practical application and the wide acceptance of Incoterms rules in world trade. (2) Although they present more simple and clear, unfricative, than Incoterms 2000 rules, in order to help users, the need to unify consistently and fully explanate in contents and expression. (3) Introduction and guidance note of Incoterms$^{(R)}$ 2010 rules basically focuses on the understanding of a motive of revisions as compared Incoterms 2000 rules. But it is well advised to do this on the assumption of understanding the various basic meaning of terms. (4) finally, trade concerned regulations take account of the reflection for the application to domestic and international trade according to formally reconization of availability for both trade.

  • PDF

Application features of The detailed rules of Census (1896) through the change of house Kan numbers in Gyeonpyeong-bang, Jung-seo in Hanseong-bu -Focused on Gyeonpyeong-bang 1-tong to 23-tong in 1903 and 1906- (한성부 중서 견평방에서 가택 칸수의 변화를 통해서 살펴본 「호구조사세칙」(1896)의 적용 양상 -1903년과 1906년의 견평방 1통에서 23통까지를 대상으로-)

  • Cho, Yun-O;Woo, Don-Son
    • Journal of architectural history
    • /
    • v.28 no.6
    • /
    • pp.19-30
    • /
    • 2019
  • This study explores the application aspect of The detailed rules of Census (1896) through the change of Kan numbers in Gyeonpyeong-bang. Although Gyeonpyeong-bang was a high-priority area because of its location, it was difficult to trace the operation of the urban situation due to lack of data. This study is focusing on restoring space and society in the Gyeonpyeong-bang using the information on the type of houses and the number of Kan listed in the family register of Hanseong-bu. The detailed rules of Census sets out provisions for the family registry and the rules of making Tong. Especially when it comes to the rules of making Tong, this rule deals with the code of making ten Hos into one Tong. This study was conducted by dividing the status of the Tong into three types: uncompleted Tong, exceeded Tong without vacant Ho number, and exceeded Tong with the vacant Ho number. Since these three types of Tong are in the process of change towards the complete Tong with 10 Hos, they were thought to be able to demonstrate the specific application of the rules. This study will be meaningful as a case study that expands the point of existing research on the Tong making rules, which was not focused relatively on restoring urban conditions at that time, by looking at the changes in exceptions that deviated from the Sipgajaktong rule.

Children's Understanding of Emotional Display Rules by Episodes: Interaction Effects of Intention Reasoning and Gender (이야기 상황에 따른 유아의 정서표현규칙이해: 의도추론유형과 성의 상호작용효과)

  • Bae, Seong Hee;Han, Sae-Young
    • Korean Journal of Childcare and Education
    • /
    • v.11 no.5
    • /
    • pp.293-310
    • /
    • 2015
  • The purpose of this study is to investigate the differences that appeared in the episodes in understandings of the emotional display rules according to the types of emotions and subjects for expressing emotions. In addition, the interaction effects of intention reasoning types and gender on children's understandings of the real emotions and emotional display rules are explored. 144 4-5 year old children in Chungbuk province participated in the experimental interviews. The results are as follows. First, children comprehended the emotional display rules more clearly in a relationship with peers than adults. In terms of a type of emotion, it was the negative emotions rather than positives ones that those children understood better for real emotions and emotional display rules. Second, the main effect of the intention reasoning types on children's understanding of the emotional display rules appeared significant in all episodes. Especially, in negative emotion-peer episode, children with different types of intention reasoning showed a different level of understanding emotional display rules depending on gender of the children.

Korean Part-of-Speech Tagging System Using Resolution Rules for Individual Ambiguous Word (어절별 중의성 해소 규칙을 이용한 혼합형 한국어 품사 태깅 시스템)

  • Park, Hee-Geun;Ahn, Young-Min;Seo, Young-Hoon
    • Journal of KIISE:Computing Practices and Letters
    • /
    • v.13 no.6
    • /
    • pp.427-431
    • /
    • 2007
  • In this paper we describe a Korean part-of-speech tagging approach using resolution rules for individual ambiguous word and statistical information. Our tagging approach resolves lexical ambiguities by common rules, rules for individual ambiguous word, and statistical approach. Common rules are ones for idioms and phrases of common use including phrases composed of main and auxiliary verbs. We built resolution rules for each word which has several distinct morphological analysis results to enhance tagging accuracy. Each rule may have morphemes, morphological tags, and/or word senses of not only an ambiguous word itself but also words around it. Statistical approach based on HMM is then applied for ambiguous words which are not resolved by rules. Experiment shows that the part-of-speech tagging approach has high accuracy and broad coverage.

Support of Third Party Logistics Operation based on Business Rules (비즈니스 규칙 기반의 3자 물류 운영 지원)

  • Park, Chulsoon;Bang, Yanghee;Sung, Hongsuk
    • Journal of Korean Society of Industrial and Systems Engineering
    • /
    • v.40 no.2
    • /
    • pp.137-144
    • /
    • 2017
  • The business process of global third party logistics company is defined as a network of logistics activities which involves the products that are manufactured in the developing countries, such as Vietnam, China and so on, and delivered to North or South American countries via intermediate stopover sites. The third party logistics company usually uses proprietary logistics information system to support the related logistics activities. However, each consignor sometimes may require different business process based on the customer type or characteristics of their products. Therefore, the third party logistics company need to modify their business process to reflect customer's requirements, resulting in the modification of logistic information systems and additional costs. Therefore, a flexible mechanism is required to efficiently support the various types of requirements by the owners of the products. In this paper, first, we figured out various business rules related to third party global logistics activities. Second, we grouped the identified business rules into business processes, objects, relations, dependency, policy, representations, execution, and resources and further into precondition, postcondition, and invariant based on checking point in time. Furthermore, the categorized rules are classified into inter-activity and intra-activity rules based on the execution range. Third, we proposed a rule syntax to describe the defined rules into scripts which are understood by user and information system together. When each activity is executed, the rule manager checks whether there are rules related with the activity execution. Finally, we developed a prototype rule management system to show the feasibility of our proposed methodology and to validate it with an example.