Article 23 of the WTO Understanding on Dispute Settlement : A Vehicle to Ensure Stability and Predictability of the WTO System?

Park, Hyo-Joon 법무부 2005 통상법률 Vol.- No.63

In 1995, World Trade Organization ("WTO") was established after numerous rigorous rounds of trade negotiations to amend deficiencies of the General Agreement on Tariffs and Trade. The newly incepted multilateral trade organization not only expanded scope of coverage (e.g., intellectual property, services, etc.) but also pursued its systemic stability by strengthening the dispute settlement system pursuant to the Understanding on Dispute Settlement ("DSU"). In an organization where 148 sovereign members try to make their political voices heard to resolve various trade issues through consensus mechanism, settlement of disputes through quasi-judicial organs can certainly be an effective means to achieve a more stable multilateral trade system. Article 23 of the DSU, which prohibits unilateral actions against other Member States that have allegedly violated WTO Agreements without resorting to the DSU is the pinnacle of the stronger dispute settlement system. If the Member States strictly abide by the foregoing principle in settling trade disputes, vicious cycle of unilateral retaliations among the Member States will not be created, helping to strengthen the stability of the system. As such, Article 23 of the DSU is deemed a vehicle to ensure stability and predictability of the WTO system. In the history of WTO dispute settlement proceedings, two cases have been brought up in the WTO vis-à-vis unilateral actions by Member States against other Member States. The first case was US-Section 301 where the United States legislation authorizing certain actions to be taken by the United States Trade Representative in response to trade barriers imposed by other countries was at issue. The second case was EC-Commercial Vessels where Temporary Defensive Mechanism ("TDM") allowing EC and the member states to grant subsidies to the European shipyards to counter alleged subsidies provided to Korean shipyards by the Korean Government. In both cases, the Panel upheld the complainants claim that Section 301 and TDM are unilateral measures against other Member States without first resorting to the WTO dispute settlement mechanism. Such results prove that indeed in a system with 148 sovereign Member States, Article 23 of the DSU is a vehicle to ensure stability and predictability of the WTO system.

항공기 운항자의 지상 제3자의 손해에 대한 책임 - 로마협약 개정안 및 상법 항공운송편 제정안을 중심으로

이강빈 국제거래법학회 2008 國際去來法硏究 Vol.17 No.2

It is essential that the liability of the operator for damage to third parties on the surface caused by aircraft be regulated at international level. However, the Rome Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface of 1952 and the Montreal Protocol of 1978 did not have significant worldwide repercussions since few countries have ratified them. The cumulative result of the work by the ICAO Secretariat and the Council Special Group on the Modernization of the Rome Convention of 1952 are two draft Conventions, namely: “Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft”, and “Draft Convention on Compensation for Damage Caused by Aircraft to Third Parties”. The core provisions of the former draft Convention are as follows: The liability of the operator is strict, that is, without the necessity of proof of fault. It would be liable for damage sustained by third parties on condition only that the damage was caused by an aircraft in flight. However, such liability is caped, based on the weight of the aircraft. It is envisaged to create an independent organization called the Supplementary Compensation Mechanism, with the principle purpose to pay compensation to persons suffering damage in the territory of a State Party, and to provide financial support. Compensation shall be paid by the SCM to the extent that the total amount of damages exceeds the Article 4 limits. The main issues on the former draft Convention are relating to breaking away from Montreal Convention 1999, no limits on individual claims but a global limitation on air carrier liability, insurance coverage, cap of operators’ strict liability, and Supplementary Compensation Mechanism. The core provisions of the latter draft Convention are as follows: the liability, that is, without the necessity of proof of fault. Such liability is caped, based on the weight of the aircraft. Beyond that, the operator is liable for all damages unless is proves that such damage were not due to its negligence or that the damages were solely due to the negligence of another person. The provisions relating to the SCM and compensation thereunder do not operate under this Convention, as the operator is potentially for the full amount of damages caused. The main issues on the latter draft Convention are relating to liability limit of operator, and definition of general risks. Korea has not ratified the Rome Convention and has not the national legislation on the liability of the operator for damage to third parties on the surface caused by aircraft. Now the Ministry of Justice is proceeding to make such legislation, and the draft revision of the Part VI the Carriage by Air of the Commercial Code has the provisions on the liability of the aircraft operator for damage to third parties on the surface. The main issues on the draft revision of the Commercial Code are relating to the liability for the injury of third party on the surface, the liability limit of the aircraft operator in respect of personal injury, the liability of the unlawful user of aircraft, and the advance payment.

Antifungal Activity and Mechanism of Fengycin in the Presence and Absence of Commercial Surfactin Against Rhizopus stolonifer

Yang Tao,Xiao-mei Bie,Feng-xia Lv,Hai-zhen Zhao,Zhao-xin Lu 한국미생물학회 2011 The journal of microbiology Vol.49 No.1

The antifungal activity and mechanism of fengycin in the presence and absence of commercial surfactin against Rhizopus stolonifer were investigated. The MIC (minimal inhibitory concentration) of fengycin without commercial surfactin added was 0.4 mg/ml while the MIC of fengycin with commercial surfactin added was 2.0 mg/ml. Fengycin acted on cell membrane and cellular organs and inhibited DNA synthesis. The antifungal effect of fengycin was reduced after commercial surfactin was added. All these results suggest that the fungal cell membrane may be the primary target of fengycin action and commercial surfactin may reduce the antifungal activity of fengycin.

국제계약의 분쟁해결메커니즘의 구조와 상호작용

김인호 국제거래법학회 2014 國際去來法硏究 Vol.23 No.1

It is evident that an international contract cannot be free from disputes between itsparties. Therefore, it needs a reasonable and efficient dispute resolution mechanism,which would promote international trade. The choice of law clause is forming part ofthe dispute resolution mechanism, twinned with and adjacent to the clause dealing with jurisdiction or arbitration. They are mutually interplaying Dioskouroi. They are separated from the main contract and further are separated from each other. Their conflicting severability and close relationship play a key role in determining the law governing a jurisdiction or arbitration agreement as well as a choice of law agreement. They arealso one of the factors to be taken into account in determining the implications of ajurisdiction clause or an arbitration clause on tacit choice of law and whether agoverning law clause would found the court’s jurisdiction. The regulation of the dispute resolution mechanism on a jurisdiction-by-jurisdiction basis would impose on commercial parties an increased regulatory burden requiring more extensive investigation of national norms in doing international business transactions. It would be desirable to produce greater legal certainty as to the dispute resolution mechanism by a unified regulation, which would promote international trade. On the other hand the procedural justice and fairness between parties should be respected in doing so. This research could contribute to efficient and internationally harmonious operation of Korean regime and possible development of a unified international regime dealing with dispute resolution mechanism in an international contract. 국제계약이 분쟁으로부터 자유로울 수 없다면 분쟁을 합리적, 효율적으로 해결할 수 있는 법적 장치를 마련하는 것이 현실적인 대안이고 이는 국제거래의 증진에 기여하게 될 것이다. 국제계약의 분쟁해결메커니즘의 디오스쿠로이인 협의의 분쟁해결조항 즉 국제재판관할조항 또는 국제상사중재조항과 준거법 선택조항은 상호 유기적으로 기능한다. 분쟁해결메커니즘은 본 계약으로부터 분리독립성이 인정되며 그 메커니즘 내에서 다시 협의의 분쟁해결조항과 준거법 선택조항은 서로 분리독립성이 인정된다. 상충하는 유기적 관련성과 분리독립성은 협의의 분쟁해결합의와 준거법 선택합의의 준거법을 결정하는데 영향을 크게 미친다. 국제재판관할조항과 국제상사중재조항의 계약적 성질과 절차적 성질의 혼재로 인하여 규율에 어려움이 발생한다. 특히 국제재판관할조항의 준거법과 관련하여 법정지법에 의한 규율의 필요성과 정당성을 검토하여야 한다. 나아가 당사자가 국제계약에서 디오스쿠로이의 한쪽을 규정하면서 다른 쪽을 규정하지 아니한 경우 한쪽으로부터 다른 쪽을 추단할 수 있는지의 문제를 검토할 필요가 있다. 협의의 분쟁해결조항으로부터 준거법의 묵시적 선택을 추단할 여지가 있으나 준거법 선택조항으로부터 협의의 분쟁해결조항을 추단함에는 어려움이 있다. 국제계약의 분쟁해결메커니즘에 대한 규율을 각 법역별 모자이크의 분할•병존의 형태로 두는 것은 국제거래의 당사자에게 거래비용을 증가시켜 국제거래의 증진을 저해하게 된다. 따라서 국제계약의 분쟁해결메커니즘에 대하여 국제적으로 통일된 규율을 함으로써 당사자의 예측가능성을 높여 국제거래를 증진하여야 한다. 다른 한편 절차상의 정의와 공평이라는 이익 또한 존중되어야 한다는 측면에서 그 실현에 어려움이 있다. 국제계약의 분쟁해결메커니즘을 규율하는 국제협약체제가 출범하기까지는 국제계약의 분쟁해결메커니즘의 디오스쿠로이의 상호유기적 관계에 주목하여 예측가능성의 증진과 절차상의 정의라는 법제도의 목적에 부합하게 각 법역별 모자이크의 조화로운 운영을 꾀할 필요가 있다. 이 연구가 상충될 수 있는 예측가능성의 증진과 절차상의 정의의 목적을 구현하는 우리나라 모자이크의 효율적이고 국제적으로 조화로운 운영에 기여하고 나아가 국제협약의 통일된 체제로의 발전을 모색함에 기여할 수 있기를 기대한다.

도오쿄오 오오쿠보의 한국인과 고나련 상업시설 집중 메커니즘 및 그 영양헤 관한 연구

김현숙 대한국토·도시계획학회 2003 國土計劃 Vol.38 No.1

In the age of globalism, as the international movement of population step up due to overseas employment, studying abroad, emigration, etc., congregate residence arises among specific foreigners in specific regions. Sinjuku in Tokyo is a case in point. Ten per-cent of Sinjukus population is composed of foreigners, with Koreans numbering 38,6% and Koreans extend their business scale and the place of residence. The aim of this paper is to analyze the congregate mechanism of Koreans and their businesses and to clarify the influence on the community by it in the Okubo of Tokyo. The results of this study will serve as basic input for a desirable symbiotic community between residents and foreigners.키 워 드 도오쿄오 오오쿠보, 한국인 집중 메카니즘, 커뮤니티, 상업환경Keywords Tokyo-Okubo, Congregate Mechanism of Koreans, Community, Commercial Environment

Influence of Initial Textures on Microstructure and Mechanical Properties of Commercially Pure TA2 Titanium Sheet Pre-Strained by Cryorolling

Changhao Wang,Yu Luo,Jinru Luo,Xiao Song,Wei Zhang,Pinghuai Wang,Zhenghao Liu,Maoyin Wang,Xinghui He,Linjiang Chai 대한금속·재료학회 2021 METALS AND MATERIALS International Vol.27 No.4

Titanium alloys are one of the most important structural materials for the aerospace applications, which bring active studyon microstructural and mechanical optimization of the alloys. In the present study, commercial TA2 titanium sheets withdifferent initial textures were rolled to a strain of 4% at liquid nitrogen temperature. Microstructures of the rolled sheets werecharacterized using a scanning electron microscope equipped with an EBSD detector and their mechanical properties weretested through quasi-static uniaxial tension tests at room temperature. The influence of the initial texture on the microstructureand mechanical performance of the cryorolled sheet were discussed. Twinning is found to occur in the TA2 sheets after rollingeven at a small strain. Initial texture is an important factor affecting both numbers and types of the twins. {11–22} contractiontwinning is always the dominating type of twins for all three sheets having different initial textures. A lot of {11–22}and {11–24} twins can be found in the sheets with the initial texture of C-axes//ND, while the sheet with an initial texture ofC-axes away from the ND contains few twins, with a high density of dislocations developed instead. Along with contractiontwinning, many {10–12} and {11–21} twins are detected in the sheet with the initial texture of C-axes⊥ND. The cryorolledsheet having the densest twins shows the best mechanical properties, indicating a beneficial effect of a small pre-strain.

액티브쿨링기반 상용솔라패널의 효율특성평가

김현욱(Hyun Wook Kim),이동건(Dong-Gun Lee) 대한기계학회 2016 대한기계학회 춘추학술대회 Vol.2016 No.12

Cooling the temperature of solar cells can increase cell efficiency. This paper presents the design and experimental characterization of commercial solar panel using active thermal backplane. The presented technique is entirely new active cooling approach, which is based on concept of pairing magneto-thermo-mechanical actuator to solar panel as active thermal backplane. The feasibility of this active cooling concept was successfully demonstrated for solar cell version under solar simulator source (standard artificial sun). In this work, we demonstrate the benefit of this new approach with a commercial large solar panel version under daily solar radiation. We develop and fabricate active thermal backplane that can be integrated into commercial solar panel system. The field-test results show power efficiency of solar panel can be significantly increased through the active thermal backplane lowering the temperature of heated PV panel.

China International Commercial Court and the New World Order: A Critical Evaluation

Asif Kamal,Hamidul Haq 이준국제법연구원 2024 Journal of East Asia and International Law Vol.17 No.1

This research concentrates primarily on the foundation of the China International Commercial Court (CICC), considering the structure and functions of the Court. The main objective of CICC is to develop a dispute resolution mechanism for the Belt and Road Initiative (BRI). Given its predominant Chinese orientation, CICC may encounter various challenges as the BRI’s contracting members possess diverse judicial systems. This article will focus on the jurisdiction of the court and the procedures of enforcement of its judgments, orders, and direction. The authors also discuss the types of legal and administrative changes necessary to make CICC an effective and successful dispute resolution body. The BRI is a crucial element of Chinese strategies to control the global economic system. Therefore, CICC can provide critical insight into the present Chinese goals about international order. This paper finally examines that CICC symbolizes a Chinese ambition to strengthen, modify, or challenge the current international system.

포토제공 메커니즘 가이드 분석 - HelloRF(站酷海洛), 셔투왕(攝圖網) 포토 갤러리 플랫폼을 사례로 -

왕 신,마 유 첸 한국디자인트렌드학회 2023 한국디자인포럼 Vol.28 No.1

Background From a macro perspective, the state increasingly attaches importance to intellectual property rights, and accordingly, the copyright awareness of online digital illustrations has also been strengthened. Digital illustrations and illustrations used by corporations and business organizations in promoting graphics and texts must be copyrighted, otherwise they risk being sued..In response to this situation, some commercial companies have started to provide digital illustrations without copyright disputes. Methods Research method In this chapter, as an individual case research method, two representative Chinese photo stock platforms were selected, qualitative analysis was conducted, and the two photo stock platforms were compared. In addition, Max Weber's 'instrumental rationality' is applied to analyze the photo provision guide of the photo stock platform to derive the pros and cons of the platform supply and stock provision guide. Result Since the criteria for judging works in the early and late phases of the platform establishment are different, it causes confusion about the evaluation criteria for illustrators, and the illustration sales and drawing guides announced by the illustration platform result in processization and aesthetic homogenization of illustration works. Conclusion (1) When an illustration platform has a certain scale, the platform plays an important role in the aesthetic taste, creative paradigm, and visual expression of commercial illustration. (2) The platform must consider the rules of artistic creation when setting guidelines for manuscripts, quantify the practicality of the work, and consider the artistry of commercial illustrations. 연구배경 거시적 측면에서 국가는 지적 재산권을 점차 중요시하고, 이에 따라 온라인 디지털 일러스트레이션의 저작권 의식도 강화되었다. 기업 및 비즈니스 기관이 그래픽과 텍스트로 홍보를 진행하면서 사용하는 디지털 일러스트레이션 및 삽화는 반드시 저작권을 획득해야 하며, 그렇지 않으면 소송에 휘말릴 위험이 있다. 이러한 국면에 대응하기 위해서 일부 커머셜 기업은 저작권 분쟁 없는 디지털 일러스트레이션을 제공하기 시작하였다. 연구방법 본 장은 개별 사안 연구 방법으로 대표적인 중국의 포토스톡 플랫폼 2곳을 선정하여 정성분석 연구를 진행하고, 두 포토스톡 플랫폼을 비교하였다. 그밖에 막스베버(Max Weber)의 ‘도구적 합리성’을 적용해 포토스톡 플랫폼의 포토 제공 가이드를 분석함으로써 플랫폼의 공급, 스톡 제공 가이드의 장단점을 도출한다. 연구결과 플랫폼 설립 전기와 후기 작품의 심사 기준이 다르기 때문에 일러스트레이터의 심사 기준에 대한 혼란을 야기하고, 또한 일러스트레이션 플랫폼에서 발표한 일러스트레이션 판매 및 그리기 가이드는 일러스트레이션 작품의 프로세스화, 심미적 동질화를 초래한다. 결론 (1) 일러스트레이션 플랫폼이 일정한 규모를 갖추면, 플랫폼은 커머셜 일러스트레이션의 심미적 취향, 창작 패러다임, 시각적 표현 면에서 중요한 역할을 한다. (2) 플랫폼은 원고의 가이드라인을 정할 때 예술 창작의 규율을 반드시 고려해야 하며, 작품의 실용성을 계량화하는 동시에 커머셜 일러스트레이션의 예술성을 함께 고려해야 한다.

중국 기본의료보험과 민간건강보험 발전 메커니즘에 관한 연구

Chen Wanyun,정기택 경희대학교 경영연구원 2021 의료경영학연구 Vol.15 No.4

Background: With the rapid development of China's social security system and the increase in residents' medical needs, the topic of the development mechanism of basic medical insurance (BMI) and commercial health insurance (CHI) has gradually attracted the attention of scholars. Methods: This study has adopted the national statistical data of 31 provinces in China from 2013 to 2018 to conduct multiple regression analysis on the influencing factors of basic medical insurance, population, economy, cognition and medical expenditure. The development level of Insurance is empirically analyzed through insurance density and insurance depth which are widely used in the world. Results: The empirical results of this study have fully demonstrated that China's CHI has played a complementary role to BMI. Besides, the higher the dependency ratio of the regional population, the higher the insurance depth is. Conclusion: This study believes that for the sustainable development of CHI, as a supplement to BMI. With the aging of China and the introduction of the three-child policy, we can predict that the demand for CHI will increase rapidly as the dependency ratio of the population increases in the future.