• Title/Summary/Keyword: rules

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Assessment of Korea's FTAs: Focusing on Trade Remedies Rules

  • Sohn, Ki-Youn
    • Journal of Korea Trade
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    • v.24 no.7
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    • pp.107-124
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    • 2020
  • Purpose - We assess the trade remedies rules in a host of Korea's FTAs to explore the trade policies for the effective implementation of FTA trade remedies rules. Also we develop the strategies of the future FTA negotiations of trade remedies rules. Design/methodology - After we review the key features of FTA trade remedies rules, we examine whether the rules are WTO-consistent or not. Next, we touch upon the WTO-plus characteristics of some provisions. Our main methodology is to compare the trade remedies rules in the numerous Korea's FTAs. Another methodology is to link those rules to the relevant WTO agreements and WTO dispute cases with a view to drawing lessons for trade policies and FTA negotiations. Findings - We find that most of the trade remedies rules are WTO-consistent. Moreover, we find that notification and consultation requirment, mandatory lesser duty rule, explicit prohibition of zeroing method, and public interest clause are WTO-plus. We also find that there are limitiations in the application of some global safeguard exclusion rules because of their non-mandatory nature. Originality/value - While most of previous studies focus mainly on the unique aspects of specific FTAs, our study analyzes comprehensively the trade remedies rules in the various Korea's FTAs. Based on the comprehensive analysis, we figure out the areas to be clarified and improved for the effective implementation of FTAs and the strategies for the future FTA trade remedies negotiations. As a consequence, our paper is expected to contribute to the academic research on FTA policies as well as the national economy.

A Study on the Draft and Issues for the Revision of UNCITRAL Arbitration Rules (UNCITRAL 중재규칙 개정안의 내용과 쟁점에 관한 연구)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.17 no.2
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    • pp.43-70
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    • 2007
  • The purpose of this paper is to make research on the contents and discussions of the draft of revised UNCITRAL Arbitration Rules that have been discussed and considered by the Working Group. At its thirty-ninth session (New York, 19 June-7 July 2006), the Commission agreed that, in respect of future work of the Working Group, priority be given to a revision of the UNCITRAL Arbitration Rules (1976). At its forty-fifth session (Vienna, 11-15 September 2006), the Working Group undertook to identify areas where a revision of the UNCITRAL Arbitration Rules might be useful. At that session, it was considered that the focus of the revision should be on updating the Rules to meet changes that had taken place over the last thirty years in arbitral practice. The largely amended provisions of the draft of revised UNCITRAL Arbitration Rules are as follows : Notice of arbitration and response to the notice of arbitration (Article 3), Designating and appointing authorities (Article 4 bis), November of arbitrators (Article 5), Appointment of arbitrations (Article 6), Appointment of arbitrators in multi-party arbitration (Article 7 bis), Challenge of arbitrators (Article 9), Replacement of an arbitrator (Article 13), Pleas as to the jurisdiction of the arbitral tribunal (Article 21), Interim measures (Article 26), Form and effect of the award (Article 32), and Liability of arbitrators (Proposed additional provisions). There are some differences between the draft of revised UNCITRAL Arbitration Rules and the KCAB Arbitration Rules. In order to jnternationalize the Korea's commercial arbitration system, it is desirable that the main articles of the draft of revised UNCITRAL Arbitration Rules should be admitted to the KCAB Arbitration Rules. In conclusion, the Commission was generally of the view of any revision of the UNCITRAL Arbitration Rules should not alter the structure of the text, its spirit, its drafting style, and should respect the flexibility of the text rather than make it more complex. The Working Group agreed that harmonizing the provisions of the UNCITRAL Model Law should not be automatic but rather considered only where appropriate.

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Predicting Due Dates under Various Combinations of Scheduling Rules in a Wafer Fabrication Factory

  • Sha, D.Y.;Storch, Richard;Liu, Cheng-Hsiang
    • Industrial Engineering and Management Systems
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    • v.2 no.1
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    • pp.9-27
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    • 2003
  • In a wafer fabrication factory, the completion time of an order is affected by many factors related to the specifics of the order and the status of the system, so is difficult to predict precisely. The level of influence of each factor on the order completion time may also depend on the production system characteristics, such as the rules for releasing and dispatching. This paper presents a method to identify those factors that significantly impact upon the order completion time under various combinations of scheduling rules. Computer simulations and statistical analyses were used to develop effective due date assignment models for improving the due date related performances. The first step of this research was to select the releasing and dispatching rules from those that were cited so frequently in related wafer fabrication factory researches. Simulation and statistical analyses were combined to identify the critical factors for predicting order completion time under various combinations of scheduling rules. In each combination of scheduling rules, two efficient due date assignment models were established by using the regression method for accurately predicting the order due date. Two due date assignment models, called the significant factor prediction model (SFM) and the key factor prediction model (KFM), are proposed to empirically compare the due date assignment rules widely used in practice. The simulation results indicate that SFM and KFM are superior to the other due date assignment rules. The releasing rule, dispatching rule and due date assignment rule have significant impacts on the due date related performances, with larger improvements coming from due date assignment and dispatching rules than from releasing rules.

Review of the KCAB International Arbitration Rules, Recently Revised, in Comparison with the Revised ICC Arbitration Rules (대한상사중재원 국제중재규칙의 개정 동향 - ICC 중재규칙의 개정과 비교하여 -)

  • Park, Won-Hyung
    • Journal of Arbitration Studies
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    • v.22 no.2
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    • pp.159-176
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    • 2012
  • The Korean Commercial Arbitration Board (KCAB) recently revised its International Arbitration Rules in a way that reflects its efforts to advance its procedures, leading directly to improved competitiveness as an arbitration institute. Apart from certain limitations, the KCAB's international arbitration rule revision introduced several new arbitration mechanisms, including fast-track arbitration and an empowered administrative office. The International Chamber of Commerce (ICC) released a revised set of arbitration rules (ICC Arbitration Rules), which have been said to be probably the most consulted-on arbitration rules ever. Even though the changes codify existing ICC court practice and add to the 1998 rules only provisions felt necessary in light of input from the users of arbitration, some of the changes will have huge implications for future aspects of arbitration mechanisms, especially those of KCAB. Although it remains to be seen what impact the ICC Arbitration Rules will have in practice, the new rules have been well received by the arbitration community and represent a modern set of provisions consistent with the current needs of the users of international arbitration. That is why, here in the Korean arbitration environment, further research is needed on the possibilities of introducing several elements of the revised ICC Arbitration Rules to improve the speed and cost efficiency of international arbitration.

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Evaluation on the Impact of the Rotterdam Rules on Facilitating the Use of Electronic Transport Reocrds (로테르담 규칙의 운송서류 전자화에 대한 영향 평가)

  • SUH, Paik-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.71-94
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    • 2017
  • The Rotterdam Rules is the first international maritime carriage of goods Convention that acknowledge electronic records of contracts of carriage. The Rules have developed separate chapter in relation to electronic transport records' issuing, transfer, etc. This paper aims to evaluate Rotterdam Rules' contribution to the use of electronic transport records. To achieve the aims firstly this paper have examined the related articles of Rotterdam Rules, Secondly in practical aspects, this paper explores the opportunities and obstacles which could be happened in practical procedures, applicable to transport industry, shipper and holder of electronic transport records. Findings could be summarized as follows, first the Rules shows high acceptability to whom it may involved in transport industry by simplify the contents of the Rules to avoid conflict with each countries' national laws. The Rules acknowledge the functional equivalence between paper and electronic transport records in specific provisions. This could be important development to facilitate the use of electronic transport records. But the Rules have not mentioned liability limit of transport industry when the problems arise from issuing, tele-transmission, transfer of the records. And the secure of the functional equivalence between paper and electronic transport records also could be remained in uncertain regime due to different stance of each national laws.

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Case Study on the Compliance Situation of Class Rules for 3-year Olds (만 3세 유아의 규칙 준수 상황에 대한 사례 연구)

  • Ha, Min Kyung
    • Korean Journal of Childcare and Education
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    • v.17 no.3
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    • pp.39-64
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    • 2021
  • Objective: This study analyzed the compliance situation of class rules for 3-year olds in the Wisdom class at Sarang kindergarten. Methods: Research participants were composed of 17 young children and two teachers in the wisdom class for 3-year-olds and data collection and analysis were conducted by participant observation using the qualitative method. Results: Research results were as follows. The compliance situation of class rules included compliance, violation, and among compliance and violation. First, compliance was divided into compliance with assistance and self compliance. Compliance with assistance is for young children to follow the rules under the guidance, help, and instructions of teachers. Self compliance is for children to understand and follow the rules themselves. Second, Between compliance and violation is conflict of the rules created by different standards of class rules. Third, depending on who found the violation, violation was classified into teacher discovery, peer discovery, and acquiescence. The teacher discovery led to teacher guidance and teacher acquiescence, The peer discovery led to peer notification, peer resistance, peer punishment, and peer acquiescence. Conclusion/Implications: By looking at the compliance situation of class rules for three-year-olds, the educational implications of how to guide class rules were obtained for children.

Generation of Fuzzy Rules for Cooperative Behavior of Autonomous Mobile Robots

  • Kim, Jang-Hyun;Kong, Seong-Gon
    • Proceedings of the Korean Institute of Intelligent Systems Conference
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    • 1998.06a
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    • pp.164-169
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    • 1998
  • Complex "lifelike" behaviors are composed of local interactions of individuals under fundamental rules of artificial life. In this paper, fundamental rules for cooperative group behaviors, "flocking" and "arrangement", of multiple autonomous mobile robots are represented by a small number of fuzzy rules. Fuzzy rules in Sugeno type and their related paramenters are automatically generated from clustering input-output data obtained from the algorithms the group behaviors. Simulations demonstrate the fuzzy rules successfully realize group intelligence of mobile robots.

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A Study on Remarshaling Operation in Automated Container Terminal (시뮬레이션을 이용한 자동화 컨테이너터미널의 이적운영규칙에 관한 연구)

  • 윤원영;이주호;최용석
    • Journal of the Korea Society for Simulation
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    • v.12 no.3
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    • pp.21-29
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    • 2003
  • The operation rules to remarshaling works in yard is very important in automated container terminal (ACT). However, the decision rules for conventional container terminals have some restrictions to be applied to ACT whose block layout Is vortical for berth. The objective of this study is to propose the efficient operations rules for remarshaling works of automated transfer crane (ATC) in ACTs. Then, the various operation rules are simulated to verify the proposed operation rules. The results of the simulation study on various rules are provided and discussed.

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Implementation of the Arrangement Algorithm for Autonomous Mobile Robots (자율 이동 로봇의 정렬 군지능 알고리즘 구현)

  • Kim, Jang-Hyun;Kong, Seong-Gon
    • Proceedings of the KIEE Conference
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    • 1998.07g
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    • pp.2186-2188
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    • 1998
  • In this paper, Fundamental rules governing group intelligence "arrangement" behavior of multiple number of autonomous mobile robots are represented by a small number of fuzzy rules. Complex lifelike behavior is considered as local interactions between simple individuals under small number of fundamental rules. The fuzzy rules for arrangement are generated from clustering the input-output data obtained from the arrangement algorithm. Simulation shows the fuzzy rules successfully realizes fundamental rules of the flocking group behavior.

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Implementation of the Obstacle Avoidance Algorithm of Autonomous Mobile Robots by Clustering (클러스터링에 의한 자율 이동 로봇의 장애물 회피 알고리즘)

  • 김장현;공성곤
    • Proceedings of the Korean Institute of Intelligent Systems Conference
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    • 1998.10a
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    • pp.504-510
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    • 1998
  • In this paper, Fundamental rules governing group intelligence "obstacle avoidance" behavior of multiple autonomous mobile robots are represented by a small number of fuzzy rules. Complex lifelike behavior is considered as local interactions between simple individuals under small number of fundamental rules. The fuzzy rules for obstacle avoidance are generated from clustering the input-output data obtained from the obstacle avoidance algorithm. Simulation shows the fuzzy rules successfully realizes fundamental rules of the obstacle avoidance behavior.

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