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金楨鍵 연세대학교 행정대학원 1991 延世行政論叢 Vol.16 No.-
Trade practices of the traditional socialist states display characteristics which are significantly different from that of capitalist states. Its basic cause is, understandably, attributable to the "socialized"(i.e., nationalized), means of production. Hence, trade disputes with a party in the Socialist states inevitably involves the state. And, unlike the practices of the Capitalist nations, the so-called "Foreign Trade Organization", a quasi-state organ peculiar to the Socialist states, plays the principal role on matters of external trade and related matters. The Foreign Trade Organizations, however, occupies a distinct legal status, under the respective municipal laws, separate from those of the official state agencies. In agreeing to an arbitration for the resolution of international commercial disputes, these agencies implicitly waive their claim of immunity(as a state organ). In addition, with the increasing trend of decentralization in economic field, there had been corresponding increase in the number of enterprises, which are either state-owned or commune-owned, which engage in international trade. In the field of dispute settlement, and in general, the Socialist states seem to have preferred international commercial arbitration as a mode of settlement, other than instances where the parties opted for a direct negotiation or non-legal method of settlement. As for instances, in the 1972 Convention on Settlement by Arbitration of Civil Law Disputes Resulting from Economic, Scientific and Technical Cooperation, concluded amongst the CMEA countries, it was provided that, unless the parties(to international trade) agreed in advance for an arbitration in a third country, arbitration in the country of the respondent party shall be the mode of settlement-which is an example of the degree of importance that the Socialist states attach to the arbitration as a means of settling international commercial disputes. In 1974, CMEA countries established a uniform rules of procedure in arbitration courts, and have, since 1975, developed a relatively uniform rules of procedures in international commercial arbitration. However, when compared with UNCITRAL rules of procedures, the CMEA version has the following several noteworthy characteristics: 1. That it does not allow amicable compositeur, 2. That, its arbitral award is required to make explicit reasons for the award, 3. That, it makes a 6 month time limit for an arbitration, 4. That, though ad hoc arbitration is allowed, it rarely is utilized, 5. That, it allows jurisdiction based on forum prorogatum, 6. That, it limits arbitrators to the nationals of its own. Other than the above observed, the CMEA rules, in general, corresponds to that of the UNCITRAL rules. One of the principal considerations that arbitration has become a preferred method of dispute resolution is that the awards of arbitration is enforceable in many more countries than that of the judgements of national courts, due, among other reasons, to the fact that all member countries of CMEA(with exception of Mongolia and Vietnam) are parties to the New York Convention of 1958 and the Geneva Convention of 1961(see Table below) ◁표 삽입▷(원문을 참조하세요)
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金楨鍵,李載坤 연세대학교 대학원 1988 延世論叢 Vol.24 No.-
In the nuclear Test Case (1974), International Court Justice has recognized the binding effect of French declaration, unilateral in form, based on the fact that it was "given publicly, and with an intent to be bound". In 1947, the military tribunal in Nurmberg cited Hitler's pronouncement that Germany would respect the territorial integrity of Austria and Czechoslovakia as the ground for the indictment. Even earlier, Permanent Court of International Justice recognized the validity of Norwegian Foreign Minister's oral statement, unilateral in character, as a ground for the decision in the Eastern Greenland Case(1932). In international relations, it is not infrequent that governments issue unilateral proclamations or make offers and declarations toward international community in general or toward a specific state in particular. The Egyptian declaration of 1957 regarding its intention pertaining to the operation of the newly nationalized Suez Canal is an example of the former, and the "recognition" of particular state or government is an example of the latter. In examining the legal validity of unilateral or pronouncements, it appears that, in order for a declaration so made unilaterally to have the binding force, it must meet, at minimum, several conditions: (1) that the declaration is made by an entity or authority which, under international law, possesses legal capacity to enter into foreign relations, (2) that the declaration so made is made "publicly", as an expression embodying intent to be bound, and (3) that the target state or entity has utilized the declaration in basing its rights or obligations(explicit or implicit) regarding the respective subject matter. However, inasmuch as the as the declarant state cannot be prevented from withdrawing from the commitment so made unilaterally, it does not follow that declarations made unilaterally are nominally binding. But the fulfillment of the conditions, above stated, would substantially strengthen the case for its "contractual" character.
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김정건,공윤정,김용인,김세훈,김예송,김영운 한국환경경영학회 2020 환경경영연구 Vol.12 No.-
기존 우수배제시스템을 극복하기 위해서 개발된 JS 수로형 우수배제시스템을 비교 및 분석하고, 장점을 정량화한 탄소배출평가지표 적용결과에 따른 연구이다. 세종시 현장의 우수배제시스템을 대상으로 전과정평가(Life Cycle Assessment, LCA)를 이용하여 산정한 탄소배출량을 산정한 결과는 기존 우수배제시스템보다 91% 저감되었다. 탄소배출평가지 표를 적용하여 탄소배출평가를 수행한 결과는 기존 우수배체시스템보다 각 단계별로 1.1 5~6.06배 높은 것으로 나타났다. 이는 JS 수로형 배제시스템으로 변경이 옮다는 것을 검증 한 것이다. 향후에도 탄소배출평가지표를 적용하여, 우수배제시스템의 설계 변경이 활용 할 것이다. This is a study based on the result of applying the integrated evaluation index to the JS channel type, in order to overcome the limitations of an existing rainwater drainage system. The result of calculating carbon emissions calculated using Life Cycle Assessment (LCA) for the rainwater drainage system at the Sejong City site was reduced by 91% compared to the original rainwater drainage system. The result of conducting carbon emission evaluation by applying the carbon emission evaluation index was 1.15~6.06 times higher for each step than the existing excellent distribution system. This is a verif -ication that the change to the JS channel type drainage system is moved. In the future, the carbon emission assessment guideline will be applied and the design change of the rainwater drainage system will be utilized.
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