The epistemology and phenomenology of contemporary society tend to be deepened, and the philosophical challenges never are minimal that we may be called to face with the kind of post-modern chaos from the rapidly changing phenomena of the global community. The ballast held on the identity of faculty members as a teacher and researcher now turns due so as to be recast with our intrinsic of routine performance. I considered their quality as bent on the intellectual strife on the method (...) and the kind of attitude, say, evaluation and consultation. In this paper, the authors have presented some thought and implications that triangulated the triad, i.e., research methodology, program evaluation and consulting illustration on the college research program rankings. The author is hoped that the discourse can help the academicians to share the attribute of different methods as well as the dimension of evaluation and consulting, perhaps essentially related with their work role in terms of teaching and researching. Keywords: Research Method, Qualitative Studies, Mixed Method, Program Evaluation, Theory and Philosophy, Program Rankings, Consulting, Journal Writing. (shrink)

Oftentimes we consider how the law and public policy were interwoven one another for any fine appeal to the constituents and global public. Nonetheless, we are fairly never definite to suggest any hard picture of their relationship. It rather involves an issue of meditative process of philosophy, humanity and social justice as well as a wider of public contention from the purview of temporal and spatial evolution. The paper, in the face with this difficult conundrum, attempts to highlight some of (...) basics despite a surfeit of work products in this field. The paper begins with the instant queries or explanation from the peer scholar practitioners, which would be some of communication with the author. Then the author elicits some of principled relationship between the two concepts. (shrink)

The modern form of government resort their legitimacy to democracy and Republican concept. In any viable way, the political power no longer entertains the dynasty or any divinity from the religion. Then who are responsible to make us fateful if we are any kind of citizen in a polity. Often it is true that the government has to be an amalgam of power elites, and divided for a limited government. The modern democratic constitutionalism considered this aspect any most in primacy (...) to defend or promote their privileges or vision. This root context of civil interaction around 17th and 18th centuries has underlain the modern form of democratic state. Within the concern of these two points, the paper has explored the main feature of limited government in the liberal constitutionalism, which deals with the separation of powers principle, distribution of governmental powers and some of controversies involving the social legislation and role of public officers. I hope that it could be a lesson for the public officer of both camps, one as realistically and the other in the context of analogical insights. Hopefully, I may expect that the following research may be bred in socialist tension of states about how the public officers are structured to act and could liberate themselves to progress. (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. Many new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. With this crucial importance, the author attempts to file some thoughts on the research and society. (shrink)

From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless of whether the President of the (...) United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution. On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices. In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence. (shrink)

A fiscal administration shows the reality of government and public organization in their provision of public good or service for the citizen. It is an independent subject from the accounting, economic, political, and legal science, which is interdisciplinary and strives for any distinct goal of studies. A fiscal sustainability perhaps would be one ideal that this science would flounder to crystallize and hold out. The studies would be similar to the adjacent sciences, but could be defined ultimately for its unique (...) feature or characteristic. The accounting or accounting sciences would aim to set forth the standards of evaluating the operation and asset or debt as well as the formality to show the numerical status or assessment for the businesses, mainly private and secondarily public. The fiscal administration involves these aspects, but there are many other elements to inculcate the minds of fiscal researcher, such as public ideals or social justice beyond the math or numerical requirements. The economic science would guide the criterion of practice for the government or public organization when they contemplate on the fiscal issues or challenges. The efficiency of budget or basic concepts, i.e., scanty resources or appropriability problem, non-exclusion and non-exhaustion, eminent dichotomy between the private and public sectors or privatization, distinction between provision and production, and so on, would divulge a close dialogue and interactive understanding between the two sciences. Nevertheless, there are differences being present invariably and conceptually between them. For example, the market failure perhaps would be one stigmatic condition to increase the profile of fiscal science. A provision anticipated from the government had been defined far earlier from the classic thought, such as police and national defense. We may share the economic idea, such as Pareto criterion, but the fiscal administration would phase out a multifaceted interplay, principally because it concerns of rule of government and because of its general absoluteness. Many artificial and institutional assumption and terms would variegate the pure theory of Pareto optimal to struggle in the cause of immeasurable kinds of values or concepts. For example, democracy is based on the head count and generally from the value of equal voting in deciding a fiscal issue. The bloated payroll would perhaps presuppose an odd reality deviated from the Pareto ideals, and the logrolling or lobbying would upstage or provide a culprit to breach the economic ways of interaction or commandment. In some cases, they trade a vote to pass the public hurdle that misallocates the resources for less than efficient public programs. Nevertheless, it explains the place where we now stand, and the macro-economy or the kind of thoughts would be considered as most approximated with the quality of fiscal studies. The science of fiscal administration would not disappear unless our reality would be purified, as the economic thought espoused, for the idealistic liberal market or communism. In both cases, the government would no longer be necessary and the fiscal administration is never demanded. It also would be denied if the communist ideals would become a reality any ultimately, say, perish of government and idealistic friendship of working class without exploitation. This means the fiscal administration is a practical science, not merely a theoretical framework, which is to be investigated and approached for the kind of hybrid products. As the political science is basically a bland product on the concept of political power, it could be intermingled with the fiscal science partly in areas of thought, but be made distinct among another. (shrink)

The human rights often are cited as an ultimate goal for the discipline of social science. It guides the UN in the pursuit of its organizational mission, and the civil democratic government generally endorses this paradigm of state rule as supreme. Nonetheless, it seems a mishap if the human rights are thought to be valued only in the courtroom or police office. They are the kind of ubiquitous concept that we could share and must share, who would be the scientists (...) in ideological pursuit, the policy makers and administrators in state engineering, and even the business enterprises in the emerging influence. It is typically regrettable if the human rights are not one of foremost concern, but a penumbra from the callous public officers while the human rights allow them to stand fundamentally. They comprise the magic code they are required to respect than any other priority, and also provide the basis of ethics on which the administrators deliberate. The paper attempts to deal with the theme of human rights, and delineates the elements of them with the aid of history and philosophy as well as comparative summary if adequate. Then the author leads the discussion to any new perspective or suggestion in the face of modern administrative state and social progress. (shrink)

It was a precious opportunity as a teacher and researcher that I had completed two research method classes with the peers of Laureate Education Inc. Since the generation of creative knowledge and meaningful contribution to the field is charged on the professional researcher, the classes are foundational, but unfortunately with less an attention by the scholars, and, if more problematically, even lack of courses for some graduate or training programs. Within this paper, I can be gladly reminiscent of the course (...) learning, and can present a work of demonstration by employing the issues of global college rankings. In this article, my purpose is gone with three basic aims; (i) present the brief summary of my experience on the two method classes (ii) suggest a new perspective and mindset within the changing technology and post-modern transformation of society (iii) finally show two examples of mixed method involved with the global college rankings and provide a view for the students situated within the temporal boundary I had set forth. (shrink)

자국의 통상이익을 확보하려는 국가의 노력과 무역의 자유화와 확대를 위한 경제심 판관으로서 WTO의 역할은 인류복지의 극대화를 위하여 한 방향으로 나아가면서도 충 돌하고 있다. 개별국가의 성장과 복지없는 인류복지의 극대화는 껍데기에 불과하고, 자유와 비차별(non-discrimination)의 원칙에 바탕한 기회균등, 공정경쟁조건의 보장이 없는 한 국제무역은 홉즈식 "즉발적 利己主義(spontaneous disorder)"만이 횡행하게 된 다. 이를 구제하기 위하여 국가적·국제적 통상관리체제가 발전되어 왔으며, WTO가 세 계경제헌법체제로서 많은 역할을 하고 있는 것은 주지의 사실이다. 많은 WTO업적 중 최근의 버드법 문제는 그 이례성과 전략성으로 인하여 양식있는 자의 관심이 대상이 되어 왔으며, 최근 미 (...) 연방법원과 WTO분쟁해결기구는 동 법의 적립금배분조항에 관 하여 국제적·국내적으로 위헌성을 확인한 바 있다. 그러나 양대 司法機關의 결정취지는 동일한 것이 아니다. 미국 연방법원은 문제된 버드법 조항이 헌법상 보장된 표현의 자 유와 평등권을 침해하여 위헌이라는 결정을 하였고, WTO분쟁해결기구는 반덤핑협정 이나 보조금협정 등 관련협정에서 허용하고 있지 않는 내용의 무역규제조치를 하였다 는 이유로 동법의 협정위반을 선언하고 그 철폐를 권고하였다. 이에 본고는 버드법상 적립금배분제도에 관한 양대 사법기관의 결정요지를 살펴보고, 헌법국가의 이상이라는 관점에서 사법기관의 역할과 버드법에 관한 사법심사가 주는 시사점을 음미하기로 한 다. 이는 종래의 외교통상문제와 국내문제의 엄별이라는 기존관념으로부터 헌법국가이 상의 역사적 의의와 발전, 국제법과 국내법의 관계, 사법기관의 국제적 협조와 연대라 는 관점에서 보다 적극적 자세로의 인식전환과 관련을 갖는다. 사법기관은 역사적으로 시민사회의 형성ㆍ발전에 있어 기본적 가치의 수호를 통하여 국제적ㆍ국내적 차원에서 중요한 역할을 하여 왔으나,현대 국제사회에서는 외교통상 행정영역의 발전에 뒤떨어 지는경향이있고, 세계헌법주의라는 관점에서 새로운 조명이 필요하다고 본다. 결론에 서는 현재 국제사회의 현실에서 사법부를 포함하여 우리정부의 전략적ㆍ법제적 대응 방안을 간략히 적시해 보도록 한다. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

As the word demos denotes, the democracy is generally considered as the rule or governance based on the general base of people in which monarchy or oligarchy form is excluded. We have a classical view about the four forms of government, which was proposed by Platonic concepts. Most idealistic form of government, in his prongs, could be found in Crete and Sparta, which was nevertheless not a democratic form. His accolade of these two nations, which, of course, would be a (...) kind of God’s product so to be most benevolent, humanly appealing, efficient and philanthropic. This means the democratic form of government is not best, but most favored alternative to police the society. The political terms, henceforth, would supervene the concept of democracy, and, for many reasons and on historical wake, democracy is generally accepted as practically most desired form of rule or governance. While some modern scholar revealed, a mini-republic can be a niche to contest the merits of various forms of governance. We can gauge a scope of elements we value through the governance process, human intrinsic, efficiency, equality, welfare and even individual happiness. As the time is a small city community, called a polis, in Plato and Socrates, a mini republic can be well envisaged in understanding the Platonic Republic. In that case, most benevolent ruler may be superior to any other form of governance, which can be a philosopher’s Republic. The ideal ruler would behave and govern with mighty intelligence and concomitant power to rule. It is idealistic to produce maximum happiness of polis constituents. The worst contras, however, a tyranny, comes that the constituents legitimately expel their ruler by a collective vote. This extreme contrast and the way of process also could be ascertained in the ancient form of oriental monarchy. The dynasty could be legitimately revoked to restore new heritage of emperor or Kings where a kind of rebellion, as elucidated by Locke, is well justified in the name of heaven’s command. Given the size of polis or governed territory, there are separate ways to redress the evils of tyranny while the Oriental culture has not recognized the kind of formal vote methods. Any means to expel the tyranny could be embraced to rebel. For our purpose of grasp through this working paper, I would theorize on the traditional elements of public policy and democratic form of government. (shrink)

The degree background for the Brian Leiter's most cited law faculty 2021 had been detailed.

Leadership is certainly a central concept that the contemporary society now requires to increase the chances of survival and prosperity. As the contemporary politics guides, the world now see a greater turn to the kind of strategic paradigm heavily departing from the previous adherence to the ideological tenet. The strategy is a vital way of approach to address the needs of followers, subordinates, stakeholders and shareholders although there are other strands of influence including the culture (For political discourse, it is (...) also interesting to read the Huntington’s viewpoint about the clash of civilization), ideology though (still heavily on the global politics), shared comradeship and intelligence, and others. The leadership, in the contemporary framework, is likely to be analyzed as several points of evolution. The leadership, as we set aside the assumed status of peaceful coexistence in the ancient communal society unlike the Marxism circle, can be seen as one of interactive products about some form of organization. For example, ancient Chinese leaders, through its imperial history, almost always have been concerned about the integration of his subject against the foreign threat of ingression. While we realistically see the phenomenon of world as a split nature, the organization, even most simple form for the state, has to find their leadership as one kind of interactive context. That is, without any submission, surely the case if we talk about a for-profit organization and also non-profit organization. We can see an idealistic organization that may be perceived as monopolistic, such as UN and NGOs. These organizations, however, are also facing the realistic challenge to interact with outside actors and other organizations. For the UN, a terrorist state or organization might be a good example which it needs to interact. In some cases, the states in the dispute and hostile confrontation may be concerned interactively. For the NGOs, the state and conservatists’ group of WTO can be the actor or organization that they have to deal with. Then we can reach the deep structure or environmental element which the leaders of organization have to deliberate on his true nature of leadership. (shrink)

The Kiosk is designed to reveal the compiled rankings of leading institution that is not exhaustive to include all of doctoral programs. I have, nevertheless, list the major follow-up institutions from the 2010 NRC report. Ranking for each program finally has been yielded by average number of 1996, 2010, and USNW ranking for the graduate programs. Hence the coverage in period is longitudinal possibly 1986 (the first year from last 1985 NRC) through 2020 (the last year for ten year interval (...) of NRC practice, but not surely for every turn). The ranking of USNW graduate programs are mostly yearly, or changed with the interval of about three years for Natural and Social Sciences. The USNW ranking mostly was based on 2017-2018 version (eventually to determine the period of effect for this KIOSK), but in rare case, might be adjusted to avoid a sharp precariousness or in consideration of promotional equity. (shrink)

Ethics and responsibility would be a vexing or awesome topic that the contemporary citizen more likely wishes to avoid giving his or her views or opinions. That is perhaps because the society transforms rapidly and turns to become more diverse from the past decades. These concepts, on the other, comes not in the ancient or middle era classics, but from the near modern context in 18th England and French land. In dealing with the nature and relationship between the two concepts, (...) another notion of morality also comes into a comparative context. Morality, if often interchangeably used with the ethics, could be seen in some differences that ethics is a dimension one step removed from action. So we used to preach our dependents or subjects to conform their conduct to the kind of moral demand, "Exert your best to the interest of nations or society," "Practice a love and humiliation with brothers, sisters and neighbors," "Never be drunken while driving," "Do not commit an adultery or do not steal other’s property," and the likes. Law, then, would be a minimal of morality which prescribes a prohibited conduct and corresponding criminal sanctions proportionally with the gravity of culpability or social harms. Those concepts might share a common element in a great extent, but could be made distinguished in some of subtleties. (shrink)

The policy makers or lawyers may face the need of legal research for reasons. The congressmen may plan to make new laws to address the challenges of their constituent or to the interest of nation. The lawyers may need to serve their clients who like to know the legal issues involved, the strategies to deal with their loss and recovery, and prospect for winning the case if the dispute has gotten worse. The lawyers may practice in a solo business or (...) might work as an associate lawyer in the law firms. A senior lawyer or partner in some cases may like to exploit the junior work force about the problems or grievances from the potential clients. Since he needs to focus their attention on other matters, such as the business expansion of his law firm or more lucrative cases in need of career hands, he may tap the junior lawyer for the legal research, who could assist with the basis of his final legal opinion. The memorandum, opinion letter and brief would be such forms of professional communication for the lawyers and legal researchers. The congressman also can be supplemented with the aid of staffs in terms of his legal expertise and grasp of the issues standing for carrying their responsibility more effectively. For the lawyers and legal researchers, the structure of state and federal legal system is the kind of important variants to orient their work direction and basic frame for the most efficient and adequate scope of search and analysis. The paradigm change also is revolutionary to impact the general base of people. Decades ago, the research or researcher only related with the class of professionals, such as professors, lawyers, career officers and cadres of enterprises. They would enjoy insulation and exploit their research work as an entrance barrier from lay people. Their large shelves at home study or in the room or corner of office thrust an impression that he or she is learned and knowledgeable. This impliedly communicates his or her prestige of social or professional success. The books and articles seem to symbolize a kind of monopoly which bears to exclude unclassified or non-professional workers. The change is remarkable that every citizen could benefit from the on-line sources of information, which, of course, is generally true of professional knowledge. Now professors fear of plagiarism that students often are the kind of suspect. The legal research would turn on the help of digitization which revolutionizes to incur a new mode of research operation. About the query, the citizens and people can readily verify its truth or falsity with one clique within the personal computer. An enormous amount of information is currently flowing on the internet and on-line sources of reference, which shapes an informative and knowledgeable society. As the medical doctors warned decades ago, the precept is any most effective, “forbear from your intelligence or knowledge work for your health.” Many of them now spend long hours a day to satisfy their curiosity and intelligent search. He or she may be well awarded an academic degree if to recognize their hard work on his PC. Nevertheless, this information age does not always bring a positive progress, which arouses the kind of issues, say, right of privacy, on-line fraud. In some cases, this transformation may lead to an inferior attitude of researcher. My today’s experience is one of exotic case. I have received an e-mail from Google CEO stating that I have been selected as one of twelve winners from the pool of Google users. The award money is enormous which stalls me for some time. The authenticity and reliability have hit my head, and I utilized a verification service website managed by the team of lawyers. It costs five dollars and remaining 24 dollars would be processed upon the progress of interaction. I am waiting for an answer from the team. Then the research nowadays is not limited to the basic context of our subsistence, but influences in any depth into the professional lives. (shrink)

The Paris Convention on Climate Change is a convention under the United Nations Framework Convention on Climate Change that deals with greenhouse gas emission reduction, coordination and financing issues. The Convention shall enter into force from 2020. The Paris Climate Convention is an international environmental law with stronger social norms than other international law areas. Furthermore, the national characteristics of the norm have been doubled as a result of adopting the nationally determined contribution as the most important mechanism. In this (...) context, this paper examines the issues of the Paris Climate Convention at the international legal level. We examine the issue of enhancing normative efficiency through international trials of the Paris Convention and the International Court of Justice. Second, we examine possible conflicts between the Paris Climate Convention and the WTO law. This is to look at the bilateral issues between the WTO and the Parisian climate treaty, which represents the interests of developmentalists in the basic framework of the confrontation between developmentalists and environmentalists. Of course, when the two norms are in harmony, the normative effectiveness of the Paris Climate Convention is increased. Third, we briefly discuss the role of the domestic courts in raising the Paris Climate Convention, human rights issues, and normative effectiveness. In the end, the Paris Climate Convention enhances the normative effectiveness and suggests ways for lawyers and key actors to move forward. (shrink)

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...) and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

The research on social science eventually comes through any meaning about the human and society. Its message is directed to the society and the principal object of research would be its components, generally research participants or samples in terms of research method. As for nature, it is per se obvious that humans or populace act on various factors to influence their decision. This complex nature of human strands generally prevail that the multivariate analysis is an usual challenge for the social (...) science researchers. For example, the researchers may like to know the relationship of special training on math and achievement of math score. He or she may apply a multivariate analysis from several variables, in which one may be controlled and pretest or post test will be administered. So he groups two classes in test and for a longitudinal study over one semester between the specially trained students and normal class. Then he adds one other variable of family income level that he supposes one important factor to affect the achievement of student in math subject. This would be quantitatively answered by applying a multivariate test, called specifically as factoral ANOVA. The simple ANOVA test may be dosed in several times to understand more a complex interaction or control among the variables. Nevertheless, it has the weakness that unnecessary time and effort would be consumed. Additionally, MANOVA or other multivariate analysis of data would lead us to the more intense and precise result when the variables in consideration all interact to affect the outcome variables. It can be made distinct from mere aggregation of each result from one way ANOVA or univariate and bivariate analysis. Like these, in various ways. the quantitative studies are used to find the scientific truth. Through the Quantitative Reasoning and Analysis (QRA), we could achieve much progress which would be helpful to accelerate the interest and skills in the empirical studies. Most of all, the studies in concern of quantitative method might be a leapfrog for one, who fears of the difficult quantitative skills of analysis. Many of researchers may be fragile since the math courses in the high school and one pass in the college days are all we may have experienced. It is challenging also because the days might be far gone of middle age. For this reason, it never is a puffery that we would fear of quantitative skills. I hope that this paper could be a small help to adapt with the quantitative paradigm. Additionally, it would be great to realize that the quantitative reasoning is fairly powerful and very persuasive to frame a scientific message not only for the peer professionals, but also for lay world. We don’t have to cite the belief of empiricists and its modern evolution backed up by the mathematicians and statisticians. The benefit from this research method is obvious from many realities. The SPSS program facilitates to save from the difficult hand-on works in the earlier quantitative research. The empirical studies, particularly in the sphere of quantitative studies, typically are related with a mass of survey experiment which flavors the kind of political engraft with the research circle. (shrink)

The purpose of college and university ranking mainly resides to assist with the students in choosing their schools and programs at the level they wish to study. The US News and World Report (USNWR) graduate programs ranking is notable that evaluates the graduate level programs uniquely and in contrast with other general subject rankings. Along with the reputation of source, this specificity enables to enjoy a number of subscribers in making an application decision about which school or program is competitive (...) and personally fits. Given the study of national research council is most exhaustive and authoritative ranking source on research doctorates, called Ph.Ds, the ranking of professional schools, for instance, law schools, medical schools, nursing schools and on, as presented to the students in USNWR is very determinative in deciding which school I choose. In this light, the following tables show a ranking that has been yielded on the diversity and quality of graduate and research doctorate programs as well as law studies specifically. Therefore, the tables can be referred to a vast of interested people on the graduate studies in the United States. The last part of reference can be referred not only by JD students, but also by researchers in the graduate law programs. Since some small or exclusively JD-oriented law schools are not available of LL.M or graduate study, the users of table are expected to read consciously. The ranking table has a threshold to qualify so as to be enlisted that the top 44 law schools in all specialties exclusively had been selected and ranked according to the average of two subjects. As said, it could be used secondarily to refer in deciding the schools on the application of general LL.M program. Given the junior scholarly nature of LL.M. or graduate law programs, it is considered that the legal writing program is half factored to select the schools. The column 1 and 2 transcribes the US ranking, which are added for a sum in column 3. Least number is placed at top and less number attains a high ranking correspondingly thorough the end of institution. The first and second parts of this work show the top universities according to the number of programs, whose possible highest rating is placed within the range 1st -17th in either R or S rank of most recent 2010 NRC assessment and roughly same range in the USNWR graduate programs ranking. They are prepared from the revised NRC report published in 2011, which is most recent as well as based on the 2021 version of USNWR. Both data will be incorporated into my current project concerning the American higher education and graduate studies. (shrink)

Toward the goal of doctoral studies, it is necessary to combine two basic characteristics of independent study. I like to call it an independent study, which would be partial to capture the whole of graduate studies. As for its high honor, the title page of dissertation in vast of universities usually use the phrase “...submitted for the partial fulfillment of doctorate degree...”. That phrase implies that the completion of dissertation would be a major part of doctoral studies, but should be (...) partial depending on some of additional factors. Idealistically, that could be the whole quality as an independent researcher or investigator, and possibly the kind of human paradigm as a prospective teacher. In any case, we would not be incorrect if we see our principal work at the graduate level learning the ways of independent scholar. In this context, I would propose some of elements to be addressed in the end to guide the paradigm of doctoral studies and especially involving the e-age. (shrink)

The separation of powers principle deeply heritaged in the US constitutionalism affected and continues to influence the law and public policy in the nation. The tripartite scheme of government was quarreled over the history how we have to perceive any best adequate interaction among the Congress, Executive and Judiciary. The Constitution itself merely quibbles on this point, and the Supreme Court justices, in some cases, would not be done as a clear cut for the scope of constitutional power conferred on (...) each branch. As the stare decisis is a rule in the common law countries, it is less prospective to anticipate that a quantum leap can be made for the new paradigm of constitutional government in the US. In this challenge, the paper deals with the sensitive area of three powers involving the issue of presidential privilege and immunity, justiceability and standing, as well as judicial control of public agencies. In the course of discussion, several landmark cases were illustrated to make a point for the angulated controversies, typically involving the pressing pubic issues and officers of absolute or qualified immunity. Given the diverse structure of government, the US model had been followed by many new born republics in 20th centuries. The author would wish that the paper provides a comparative lesson for the circle of those countries. (shrink)

In retrospect of Hague convention on international sale of goods, the efforts had been poured in the initiative of UNCITRAL since 1968 triggering more welcome international treaty on the area of law. The efforts came to reality where the committee in action, comprised of 14 countries, concluded a final draft in 1978. In 1980, it was adopted as United Nations Convention on Contracts for the International Sale of Goods(CISG). While the treaty is deemed a marvellous success within the purview of (...) uniform private laws, it is also true that there arises a severe criticism. One of criticism points to imprecise and ambiguous terms CISG employs that harms the uniformity in its interpretation. However, I would support the strength of CISG that CISG can be interpreted consistently in itself in terms of its international character, which means imprecision of CISG, short coverage of hardship issues, imbalance between parties, and inept nature to commodity transactions. In support of CISG, these criticisms either overlook the intrinsic difficulties underlying production of the uniform laws or seems to be groundless on various points of views. On the other hand, the true uniform laws presuppose uniformity in the application of treaty. We can see some extent of difference in terms of the role of precedents between the common law and civil law countries. It is encouraging that the recent practice of civil law countries, including Italy, Poland, Denmark and so on, tend to cite the foreign precedents for the cases of CISG laws. Within the regime of common law countries, the rule of “stare decisis” prescribes that the national precedents should govern as binding authority while those of other common law countries function to be a persuasive authority. This means that the practice of civil law countries has considerably developed as similar to that of common law counterparts. While they seem to use foreign precedents as persuasive authority like their counterparts, or in the least accept as inspirational authority, the application of CISG grows to be made in a shared fashion for true uniform laws. This development seems to prosper at the advent of academic database as well as the contribution of CISG experts. (shrink)

미합중국은 하나의 국가이다. 그리고 그 國家性에 관한 법적 성격은 우리나라와 같은 단 일국가의 경우와는 달리 연방국가이다. 정치적으로나 대외관계에 있어 하나의 국가로 행동하고 국제법적으로도 하나의 국가로 취급되고 있지만, 聯邦政府와 州와의 관계에 있어 어떠한 구도로 헌법체계 내지 국가체계가 이루어져 있는가는 헌법을 연구하는 학도로서 매우 궁금한 주제가 아닐 수 없다. 이 문제는 한 두 논문으로 해결할 수 없는 매우 광범위한 학문적 문제를 함유하고 있는 것이 사실이다. 물론 그 핵심에 위치하고 있는 것은 단일국가의 경우 와 같이 연방국가의 국가구성에 관한 합의를 담고 있는 연방헌법임은 물론이고, (...) 또 그것이 그 문제에 관한 유일한 권위이다. 이 복잡한 주제를 살펴봄에 있어 본고에서는 가장 소박하게 연방의회와 연방법원의 권한을 살펴 봄으로써 연방국가와 주간의 국가성의 문제의 일각을 해결하여 보려고 시도하였다. 쉽게 말하면 연방국가 내지 연방정부는 단일국가의 중앙정부와 같은 포괄적이고 최고인 통치권을 행사할 수 있는 것이 아니고, 주의 國家性에 배치되지 않는 한도내에서 일부의 통치권을 연방헌법으로부터 부여받고 있다. 물론 연방에 관한 사항에 관하여는 연방헌법 및 연방법의 최고성의 원칙에 따라 연방정부의 권력은 주의 권력에 우선하지만, 그 범위는 제한적이라는 것이다. 따라서 연방의회 및 연방법원의 권한의 범위를 확정하는 것은 연방국가의 통치구도를 이해하는데 있어 매우 중요하다 아니할 수 없다. 州行政府와 聯邦行政府의 권한의 문제는 각 행정부가 연방의회 및 주의회에 의하여 제정된 법률을 충실히 집행하면 되므로 연방의회의 권한을 살펴보면 그 문제는 자연히 해결되는 측면이 있다. 물론 연방대통령은 연방법률의 집행권한외에 연방헌법에 부여된 권한(예컨대 사면권, 법률안거부권 또는 국군통수권 등)을 행사할 수 있는 것은 물론이다. 따라서 연방행정부의 권한의 범위는 논의에서 제외하였다. 한편 연방법원의 권한을 본고의 대상으로 한 것은 연방대법원은 주법률에 대한 위헌심사는 물론이고, certiorari를 통하여 주의 최고법원에 대한 司法的 統制를 행한다는 점에서(따라서 연방대법원은 일반적으로 연방국가의 유지에 있어 중요한 위치를 담당하고 있다고 평가된다) 본고의 주제와 밀접한 관계가 있을 뿐만 아니라, 연방법원은 순수한 주 내부의 사법적 분규가 아닌 사항(예컨대 다른 주 시민간의 소송 등)에 관하여 사법권을 행사함으로 인하여 연방과 주의 권한의 한계점에 위치하고 있기 때문이다. (shrink)

This paper surveys, not exhaustively but rather in summary, the development of legal philosophy surrounding the constitutional and international laws as corresponding that of world politics from the first world war through the formation of WTO governance. The world has changed gradually thus far while the westerners have long forge their hegemony through the recent US one. Before the dusk of new millennium, the political scientists entertained the version of US uni-pole in terms of world politics. Its version have confront (...) new development of world politics surrounding the rise of EU, China, and Japan. In this backdrop, they frequently mention bi-polar or multi-polar consequence of world politics. The politics are normally juxtaposed to the legal regime where the constitutional and international law reflect the fare of world politics. In other words, it subjugates in some form of legal regime whether the constitutional law surfaces strongly over international dimension for some superpower. In other dimension of power balance, the international law surges to legally govern the world politics. According to Rubenfeld, the first case represents a democratic constitutionalism while the later case, in legal terms, is related with the international constitutionalism. I would propose in thesis purpose to divide three stage of world politics. The first one is surge of the German empire to pursue world hegemony at the start of two world wars. In this period, the constitution has highlighted in ways of resolutionism, incorporatism or unilateralism. The second period runs from post world war to 190's while the pacifists or cold war dominate the world politics. In this era, UN works in the least as a symbol of world politics, and the international laws mater over the domestic laws. Hans Kelsen, a German legal positivist, led the post-war world politics in legal ways as demonstrated in his foundational influence over the formation of United Nations. In this flow, I suppose that the world politics turned on the pacificist road until the rise of US hegemony. As the bipolar system collapse upon the dismantlement of Soviet Union, US rise as a unitary world hegemony. In reflection, the unilateral constitutionalism enjoys an influential passion of that nation. As EU and China started to voice as political power in the international dimension, the international law and constitutionalism flourish while we cognize WTO as one of crucial products in such point of view. Hart, a European legal positivist is again contested to prove who governs the world in terms of legal theory adapted to the WTO's intrinsic and its function. (shrink)

In the contemporary context of business and management, the leadership studies are considered as one of essential genre to allow sight of the holistic picture of the organizational performance. The general theory of leadership studies has given us a scope of elements involving the nature of leadership, and a body of research work contributed to elicit and deal with the factors significant to determine the effect of leadership, e.g, LMX (Leader and manager exchange).The participatory leadership and diversity or democracy in (...) the workplace has been a key concept for the organizational theorists and practitioners. There are a scope of case studies about the leadership and organizational change, yet being relatively small in number, however, concerning the higher educational institutions, and least in the context of Korean universities. We see that Korea would no longer be a developing country. Its national education is fine and of quality setting aside the national context of particularities. One would be the election system of University chancellors, and the other would be a recent pressure from the government. It triggers a rationalization of poor quality of colleges and universities. In this mainstream, the local universities and their leadership can be generally located to interact with the local compassion and requirements. The paper, in this context, aims to describe the leadership from a former CU Chancellor H. J. Cheon,organization change s well as the evaluation of his leadership. I hopefully expect that the narratives can increase an awareness of leadership elements, its play within the educational nstitutions, and particularly about the local universities of Korea in distinct flavor. (shrink)

The studies of ethics had long been under-dealt although it is the kind of primary in sustaining a civility. It is hardly deniable that the concept of efficiency and productivity has hailed on the mindedness and interest of academic community. The narrative of ethics or social justice would be ridiculed as the kind of Greek juggle on philosophy or put to be on neglect for its lacking or default on the modern disciplinary frame in the academics. A cure, however, seems (...) not to be from a juggernaut of modern capitalistic civilization and its supportive paradigm of understanding so that alternative way for any more realistic solution can be made exploitative from the ethics or similar tools of motivation. Now we talk about noblesse oblige or benevolent capitalism as one important dose for the new paradigm of social promise or reformed capitalism. The ethics studies have increasingly made its way as focused in the discipline of business and public administration. Typically, it is profiled in combination of leadership studies, and the civility tends to accept this narrative, beyond the liberal competition and fairness school, as one of important element when we consider the concept of social justice. The modern professionals, for example, bar members, medical doctors, and many of licensees for their business operation, also clone to carry their responsibility under a specific ethical code. This would be the kind of safety code from the abusive or madly profit-driven capitalism. More importantly, I believe that a sheer understanding of ethics and social justice would be assets and equipment for the ruling class in the contemporary society. In this context, the paper would survey an ethical theory or decision making model, history of Korea as well as a recent episode involving the chief prosecutor of South Korea. Korean leadership, typically for the powerful cores or inner circle princelings, can be revisited in purview of ethics studies, such as Cooper‟s design and ethical decision making model. (shrink)

WTO는 2005. 3. 7. EC 제소의 선박산업에 대한 보조금지급에 관한 한국과 EC 간의 通商紛爭에 관 하여 패널결정을 선고하였으며, 양국의 항소포기로 인하여 4. 12. 분쟁해결기구가 동 결정을 채택하고 그 이행에 관하여 감시하고 있다. 즉, WTO는 제소국인 EC가 대한민국의 수출입은행법 및 동법 시행 령, 동 법령에 근거한, 개별적 특혜조치, 대우, 한라, 대동 등 우리 나라 주요 조선기업에 대한 특혜적 구조조정이 WTO가 허용하지 않는 금지보조금 및 조치가능보조금에 해당한다고 주장하면서 대한민국 정부를 상대로 제소한 통상분쟁과 관련하여 대부분 EC의 주장을 배척하고 일부 개별적 거래가 WTO 의 (...) 보조금 및 상계조치에 관한 협정에 위반한다는 결정을 내린 것이다. 이에 따라 WTO는 피소국인 대한민국에게 지체없이 동 일부 특혜조치 등을 철회할 것을 권고하였고, 대한민국 정부는 이를 이행할 의무를 부담하게 되었다. -/- 본 사안을 통하여 WTO는 보조금 및 상계조치에 관한 해석론상의 많은 쟁점들에 관하여 法理的 견해 를 밝혔다. 첫째, 동일한 사실관계에 관하여 금지보조금과 조치가능보조금의 주장이 중첩적으로 가능하 고, 둘째, 전통적인 재량행위론, 즉 법령조항의 기속행위성 여부가 정부나 공공기관의 재정적 공여요건 의 충족 여부에 관한 판단의 기초를 제공하며, 셋째, 소위 SCM협정 예시목록의 법적 성격, 넷째, 재정 적 공여 요건과 특혜요건의 준별, 다섯째, 중대한 손상요건과 관련하여 보조금 해당요건과 국내 상계관 세부과조치의 준별, 여섯째, 보조금해당 여부의 판단에 있어 ‘ 동종물품요건’ 의 적용문제, 일곱째, 조치가 능보조금의 태양으로서 가격유지 및 왜곡된 가격인하의 개념 및 보조금요건충족과의 문제 등이 그것이 다. 본 논문은 우리의 주요 수출산업인 조선산업과 관련하여 이러한 쟁점들에 대한 WTO 결정의 의미 를 검토하였는바, 국제통상규범과 관련하여 향후의 무역분쟁에 대한 대비에 일조할 수 있었으면 한다. (shrink)

In the midst of rapid transformation and interstate competition within the global village, the effectiveness and prestige of national government should be any priority to measure a good order of constitutional democracy, especially for the nations to be called on service provision and public welfare. The times of ideology and philosophy had waned while the diverse civilizations clash, in which the technological advance and socio-economic environment inflict a tremendous change for the private and public mode of our contemporary livings. In (...) fact, the increasing diversity and volatility of community has brought the crisis and challenge against the constitutional tradition. In this backdrop, the paper examines the relationship of those two values embedded on the states of modern constitutionalism - limited toward the modern administrative state through this new millenium. The law or right and democracy as a political ideals is not futile merely with tweaks, but foundational or inseparably entwined into the value system of modern minds. We can be clear if to imagine of the times for the divinity of monarchy or feudal piety. The civil revolution for modern constitutionalism created a new order of society and nations began or manage to practice their national politics and administration on its basis. The recent tumultus in South Korea, stretching from the candlelight vigil through theimpeachment and incrimination of lady president, actually imprinted a deep wake for the politics of Koreans. In this line of thought alignment, the concept of democratic experimentalism engrafted with the rule of constitution was revisited that could give a lesson as a sedative meliorism for the radicalism or mob politics. Additionally, I presented some of brief evaluation about the Korean ways by gathering my thoughts on the candlelight vigil. Despite both of strengths and weaknesses on the theory of democratic experimentalism, I cordially suggest that it could work as a model to meet the increasing need of national competitiveness, participation, information sharing and learning as well as the protection of civil rights embedded on the constitutional tradition. (shrink)

The paper was intended to make a tentative point about the organizational reform and types of organization, i.e., international, national and private. The author explores in the basics of public administration and contextualizes the variables often employed critically for the discipline of public policy and administration. They would include, for instance, the democratic principles,importance of communication and negotiation, the concept of policy network, diversity, technology and ethics, which are applied and argued over the transition from 1947 GATT to a WTO (...) nauguration in 1995. The present study of organizations or their reform would assively be consulted for the national or private reform, which tends to shed a focus on the legal perspective, organizational efficiency and reform. The studies in variance with the types of organization or institutional agenda, as well as in the viewpoint of public policy and administration are generally lacking or insufficient, at least, less systemic or fragmented. While the WTO has made much accomplishment since its inception, it would equally be true that the criticism and new vision had been raised and will be likely ahead. As it is one of the most dynamic and active international organizations, the author likes to exemplify it to test a scope of policy variables as interactive with the last and extended renovation in 1987-1994, which continue to be relevant with the new agendas and vision for a better paradigm of WTO and as an international organization. The author also expects that the future research can develop a set of distinct elements in response with the types of organization and from the viewpoint of public administration. (shrink)

The public administrators often face with the challenges involving the difficult ethical issues. As a defender and executor for social justice, he is expected to deliberate on the concept or value of equality and equity beyond the efficacy and productivity. They are politically responsible for their constituents, which interacts with the professional responsibility on equitable administration and equal treatment of law. In this ambit, the paper attempts to make some of illustrative lesson between the two concepts and ethical paradigm of (...) decision making. (shrink)

This paper explores the legal issues of embargo centering on judicial review of the trade administration. Embargo, one type of trade regulation, has a distinctive nature in that it involves an entire forestall of the importation from foreign countries. It is also distinguished from other tools of trade regulation, including anti-dumping tariffs, countervailing measure on the subsidies since it entangles with other complex considerations of diplomacy, national security, public health, and environmental policy. Therefore discretion from the trade administration, notwithstanding the (...) president, is widely vested in that authority, who are responsible for an enforcement of the individual statute, yet can be evaded from stern control of the judiciary. Aside from the standard of review on substantial issues, judicial review relating with the embargo also entails a myriad of jurisdictional questions between the federal court and the court of international trade. In view of the U.S. role and current escalation of the trade issues in the international community, active engagement of the court as well as harmonization within the international plane need to be furthered along with the development of trade environment. For the export nations including Korea, embargo has a pounding impact on the national economy that also enhances a need for the reasonable administration of justice for the predictability and stability of the exporters. (shrink)

The paper aims to explore the contour of internet regulation with a thread of Brand X , which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome of research (...) generally corroborates with our assumption that i) the increasing administrative state will variegate the traditional interplay of three branches, ii) expert bureaucracy stands at the core of policy shaping because of the necessary new concept of market and policy specialization, iii) the role of US government is not only pioneering, but also influential as a regulator, but comparatively with differing national jurisdictions if not a negligible implications on the international competition or even conflict. (shrink)

The global economy has showed progress in terms of a new reign of multilateral cooperation represented by the World Trade Organization (WTO). On the other hand. regional integration creates economic benefits as illustrated by the creation of the EU and NAFTA. East Asia has also seriously pursued prospects for economic integration. producing considerable successes thus far. A Free Trade Agreement is a useful tool to assist in this evolution of trade relations. and South Korea. one of the major economies in (...) East Asia. is uniquely situated to play a significant role in future negotiations. From this perspective. this paper surveys the global structure and organization of international trade. problems of regional economic integration emphasizing East Asia. and attempts to articulate a plausible South Korean strategy. (shrink)

The paper aims to briefly look into the civil law remedies of CISG from the perspective of economic efficiency. It mainly illustrates the basic tools of remedies in CISG, and discusses its strengths and flaws from the standpoint of economic deals normally present in most of commercial transactions. As many literature have long contributed to the legal economic discourse, our discussion, as a matter of course, largely depends on the current stronghold, or prospect that those theories espouse. Generally, the remedies (...) in CISG have two basic pathways addressing or penalizing the breach of contract from one party, namely specific performance and damages award. Other instruments to deal with the breach of contract cover a cure of defect, repudiation to perform a contract, additional period to perform a contractual duty, avoidance of contract and etc. This group of instruments can be classed as a privately administered remedies for our purpose of analysis. On this assumption, we can find many aspects of strengths in economic terms, but some paucity that the prescribed approach cannot properly address the best of economics between the contracting parties. This paucity comes mainly because the lawmakers normally could not pre-consider all circumstances among the individual contracting parties. For this reason, this paper argues in favor of privately administered remedies to fill the paucity of two typical remedies. Moreover, the contractual negotiation or design of contract is considered very important as the contracting parties are most informed about their best of economics besides the official lawmakers. The paper concludes with a short discussion of the electronic commerce in comparison with the traditional domestic and international commerce. (shrink)

The paper aims at rethinking the traditional understanding of commercial law, and tentatively provides its cosmopolitan concept under the backdrop of extended commercial exchange and corresponding development of the transnational trade laws. Given the influence of legal positivism over the source of law debate, the commercial law would be defined in a relatively narrower focus, which principally presumes the sovereign nature of legal community. The phenomenon and interactive reality in this global sphere through the mid-20th century and new millennium have (...) driven us to experience new ways of dealings, sometimes blurring or otherwise encroaching upon a conventional discourse about the true nature of laws. In one way of efforts to accommodate such new phenomena, the author likes to present a possibility of more systemic, comprehensive, reality-oriented construction of commercial law concept concerning the current wave of legal pluralism. It became increasingly pervasive in our daily experiences that the norms of various nature have a potential to govern the commercial relationship. These norms, unlike the traditional state laws, are observed to poses a distinctive feature requiring a coherent understanding among another. This conceptual work also could mater with the traditional concept of sovereignty-driven commercial law. The paper will begin with the theoretical essence of legal positivism propounded by Hart and Raz. Particularly, the five strands of legal system would provide the basis of analysis, and could be compared to the narrative of legal positivists. For the purpose of this thesis, they would be contested to favor the strengths of cosmopolitan concept of commercial law. For an illustration,the author would argue that the shared agency element as well as recognition process of norms can give us more genuine understanding of the commercial law and practices. In this way, the author discuses and proposes a new concept focusing on the contemporary commercial law. Finally, he pointed out the critical needs of this kind of definitional work notwithstanding the legal plane or global diversity. In many ways, the paper would be found tentative, epitomizing, less exhaustive as trade-offs for a comprehensive build-up. The author also regrets to curtail much potentials of opposing arguments against the cosmopolitan understanding of commercial law. It is hoped that this work would later be developed, which could be realized by the complimentary as well as critical followers. (shrink)

This paper intends to articulate the jurisdictional issue of the Court of International Trade(CIT), particularly dealing with a legal dispute of the Anti-dumping law. While the international trade grows to be marshaled by a new institutional arrangement of WTO dispute settlement system, the role of CIT correspondingly plays a great deal of effect on this area of laws. It is considered that both arbitrating institutions have to drive a reasonable rule over the trade issues. This is particularly so in various (...) viewpoints. The law of USA has influenced significantly over WTO, and its take is fairly greater than other WTO members in economic terms. Under this background, I attempt to probe an attitude of CIT in dealing with jurisdictional issues including the extent of judicial activism and theoretical ground for resolving those issues while providing a comparative articulation to the general doctrine of administrative law. I also point out the significance as well as characteristics of jurisdictional issue in terms of the U. S. legal system, which, I hope, can provide a little guidance to the current Korean jurisprudence. Lastly, I stress the need for judicial reform within Korea as well as more affluent provision of legal counselling, which I think vital to accommodate a rapid development of trade environment. (shrink)

In order for the liberalization and increase of international trade, the free trade agreement is generally deemed a most useful instrumentality within the region. Under the WTO regime, we can see that a plethora of FTA arrangements are negotiated, come into the treaty laws, as well as operate to regulate the binational or tri-national trade disputes on the regional basis. As most typical and frequented in FTAs, they usually include an arbitration and binational panel procedure as a dispute settlement mechanics. (...) In many aspects, the procedures prescribed in most of FTAs could be apposite that most effectively and cheaply handle the disputes arising from the specific binational or trinational treaties. On the other hand, they could offer a chance to avoid the constitutional musters merely because diplomacy, international negotiation, ratification of treaties and approval of them traditionally fall within the powers of Congress or Executive under the separation of powers principle. This paper examined the legal issues as focused upon the NAFTA ch. 19, ch. 11 and US constitution. The chapters instituted the binational panel procedure dealing with the anti-dumping or counter measures as of subsidies, as well as legal dispute from the binational investment arrangements. From the consitutional viewpoint, we can be aware that the chapters could expressly contravene the Article III of original jurisdiction, Eleventh amendment of state sovereignty, and limitations of the treaty making powers inherent in the separation of powers principle. Given the overriding feature of such treaty clauses, the treaty should be ratified through the form of constitutional amendment, which requires a more stern step over most of the civilized constitutional states. The constitution is a supreme law in land, and represents a popular sovereignty as sheerly distinguished from the constitutional function of normal branches. When the special mechanics of dispute settlement may adopt an option of forum for escape, it is viewed that its unconstitutionality could yet be cured because the constitutional language of Article III original jurisdiction is considered mandatory or exclusive. I believe that the constitutional amendment procedure only could properly dispose such arrangements. While some areas of the presidential powers are deemed not subject to constitutional review as resorted upon the doctrine of political question or judicial self-restraint, the current jurisprudence gradually finds some limitations on the presidential power of foreign affairs including the treaty or war making provisions. As for a would-be treaty party of FTA, the constitutional issues raised in US is not entirely irrelevant to the Korean case ahead. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1994년 WTO의 탄생으로 세계는 국제통상에 있어 法의 支配를 실현시켜 나가 고 있다. 무역의 자유화와 확대를 통한 인류복지의 증진과 공정무역의 실현을 위 한 정의로운 競爭規則의 정립을 향하여 나아가고 있는 것이다. 통상과 관련하여 인류에게 다가오는 새로운 의제에 대한 논의(소위 New Round) 역시 WTO 및 OECD를 중심으로 한 세계 각국의 지혜가 요구된다. 그러나 국제통상질서에 관 한 인류의 업적과 향후의 동태적 발전에 있어 인권법적 시각이 부족한 것은 아쉬 운 일이다. 즉 경제적 實利추구를 위한 전략적·국제경제법적 시각과 함께 인권보 장을 위한 노력이 필요하다고 보며, 본고는 국제통상을 (...) 주도하는 다국적기업과 관련하여 인권보장의 문제를 제기한다. 다국적기업의 본질을 살피고, 국제사회에 있어 통상과 관련한 인권문제의 성격과 범주, 기존의 인권보장활동의 주요내용과 문제점, 인권보장에 있어 실효성 있는 모델을 試論的으로 살펴보고, 향후의 과제 와 관련하여 인권침해의 유형화를 시도한다. (shrink)

This paper shows a typical of strategic planning process involving a local university in the transformative society as well as quasi-privatization drive from the government. Chosun University was chosen as an object of this case study, which faces a high demand of environment and challenges. A comprehensive process often undertaken in the strategic change process was applied to this institution, and shows how it initiated the process, conducted a stakeholders analysis, identified the strategic issues and strategies in the vision for (...) 2020 (V2020). The article shows a paradigmatic application of strategic theory and process to the higher educational institutions, and also includes some of reflections on the strategic studies as a conclusion. (shrink)

Conscious or Unconscious, we survive under the age of strategy or strategic planning. It is one of essential process for the public organization, and the kind of central reference for the leadership. For the followers, it is the kind of standard of conduct for reward and discipline, probably a soft norm from the hard nature of laws. It is a province for development and sustainability, as distinct from the latter, often a province of inertia for law- abiding and some career (...) pursuing modern personality. For the general public, the strategic planning or its crystallization into the mission statement or vision plan allow to understand the public organization, and hence the kind of thread for public relations or general awareness of complex mosaic of world dynamism. In this context, the paper deals with the primary feature of strategic planning and its evolution with the intense speed of globalization. For the stimulation, the author begins with the part of communication exchanged with the peer scholars. Next the author proceeds with the nature of strategic planning, its benefits, limitations, and pitfalls. The author delivers a final message, which highlights a new fashion of strategic planning in response with the global environment. Keywords: strategic planning; globalization; 3 Cs; entrepreneurship; public organization; leadership; efficiency. (shrink)

The author surveyed the theory and practice of equal protection under the US constitutionalism.

Now we live in the age of professionalism, and the public office in any nation is some reservoir of intelligent competition in their specific field. They are the leaders and paragon of community as a loyal and professional fiduciary. A hybrid nature of officers creates the rules and exercises their professional knowledge to serve a public good. The not unusual word,“scholar practitioner” may reflect the tendency of learning community within the business and government officers. They wish to overcome a bum (...) rap, say, most unproductive group or bureaucrats in maze, attributed to the bureaucrats generally. They now are required to be not only a manager but also professional researcher for his or her specific field of expertise. Beyond this duality, they may face with the challenge from a serious question about the tenet or theory within either a managerial responsibility or any research responsibility in the discipline of public policy. This paper begins with the classic loci for the theories and tenets, which have interacted with the research and professional circle. Then the author illustrates one hypothetical ego, who now works for the Korean government. In pursuit of his work role,he is situated to ramble encompassing the tenet, theories, and assumption of public policy discipline. The paper suggests three theories considered most foundational in the context of Korean politics and history at modern times, which would possibly be applicable to many other similar nations in the post colonial period. The author argues that it could be exemplary for the policy makers or administrators, who have to learn and research. (shrink)