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홍익대학교 법학연구소> Northeast Asian Law Review

Northeast Asian Law Review

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수록정보
수록범위 : 1권1호(2007)~12권0호(2018) |수록논문 수 : 79
Northeast Asian Law Review
12권0호(2018년 12월) 수록논문
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1On the Governance of Sharing Cities: Lessons from the Sharing Economy in Seoul

저자 : Benjamen Franklen Gussen

발행기관 : 홍익대학교 법학연구소 간행물 : Northeast Asian Law Review 12권 0호 발행 연도 : 2018 페이지 : pp. 9-39 (31 pages)

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The paper looks at the impact of the sharing economy on the governance of cities. The Sharing City Seoul Projectis used as a case study to ascertain this impact. Seoul is one of the leading cities when it comes to innovation in the sharing economy. Its experience has already informed other global cities around the world, including New York City and Amsterdam. The paper unpacks the policy interventions that took place in Seoul to inform the approach in Melbourne, Australia. The short-term micro effects of the sharing economy on the governance of cities are already underway. These effects suggest that regulatory schemes are being adjusted to enable innovation in the sharing economy. The long-term macro effects seem to usher wider governance implications. There is a constitutional imperative where cities are emerging as independent actors on the international stage, with their own sui generislegal personality. Cities like Melbourne need to adjust their regulatory approach to secure a first mover advantage on reaping the benefits from these effects. The vertical relationship between federal, state and local government (in particular, urban or city-region governments) needs to be reassessed in light of these effects.

2DOCERAM v CeramTec and the functionality exclusion in European Union Community Design law

저자 : Jonathan Dobinson

발행기관 : 홍익대학교 법학연구소 간행물 : Northeast Asian Law Review 12권 0호 발행 연도 : 2018 페이지 : pp. 41-75 (35 pages)

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This article concerns the exclusion under European Union (EU) Community Design law which provides that design rights do not subsist in a 'feature of appearance' of a product that is 'solely dictated' by its 'technical function'. The wording of the exclusion is unclear which has led to the development of two contradictory tests - the 'multiplicity of forms' test and the 'no aesthetic considerations' test. This has resulted in inconsistent decisions by EU courts and authorities, and uncertainty about how EU design law treats products whose appearances are partially or completely dictated by technical function.
In DOCERAM v CeramTec, the Court of Justice of the European Union (CJEU) found that the no aesthetic considerations test is the correct test, and that a national court is to take account of 'all the objective circumstances' when determining whether a feature of appearance is 'solely dictated' by its technical function. However, the CJEU did not address all the criticisms of the no aesthetic considerations test. It is also still unclear what factors and evidence should be considered and how these relate to the elements of the exclusion. This article assesses the CJEU's judgment and provides a view on how it should be interpreted.

3A Short Note on the Impact of Globalization on Human Rights Law and Related Legal Research in South Korea

저자 : Yun Ju Kang

발행기관 : 홍익대학교 법학연구소 간행물 : Northeast Asian Law Review 12권 0호 발행 연도 : 2018 페이지 : pp. 77-90 (14 pages)

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In the 21st century, domestic and international law have become nearly indistinguishable as the norms of globalization have expanded into different areas where universal attention and cooperation are required, including the area of human rights. Globalization has also had a major impact on legal research in many countries, including South Korea. This short paper, therefore, examines the impact of globalization on human rights law in South Korea.
In last few decades, South Korea's active participation in various human rights treaties has resulted in changes in policies and laws relating to issues of women, children, people with disabilities, refugees, and others. Beginning in the 1990s, South Korea has joined seven of the nine core international human rights instruments. Upon signing the treaties, South Korea had to bridge the gap between national and international human rights standardsby enacting new domestic laws or changing the content of existing laws to eliminate any conflicts with international law.
In 1997, South Korea revised its Criminal Procedure Law to adopt a substantive warrant examination procedure to conform tothe International Covenant on Civil and Political Rights (ICCPR) and eliminated the gender discriminatory provision on the Nationality Act after joining the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In 1992, South Korea joined both the 1951 Refugee Convention and the 1967 Protocol and accordingly enacted the Refugee Act in 2012 at the national level. To conform with the legislation, South Korea gradually increased accommodation of refugees and enhanced procedural rights of refugee applicants. South Korea also has accepted individual complaints procedures under four treaties and obligated to submit regular reports to the treaty body documenting how the relevant rights are guaranteed and enforced by participation to the treaties.
The changes that have come from participation in the international human rights system affect South Korea's human rights dialogue and increase the demand for human rights law research. Within a short period, globalization has led South Korea to ensure human rights and conform with international human rights standards. The impact of globalization of human rights law and the need it has generated for related research in South Korea are substantial.
The globalization of human rights law brings new adherents to an appreciation of human rights and new directions for legal research to the global community. This change in legal research encourages interdisciplinary and open-mind dialogue in legal education and also in the policy-makingprocess. The globalization of human rights law not only demand legal research to expand its examinationbut also to see people's everydaylife from a new perspective and creative tools.

4'Transnational Law: Cases and Problems in an Interconnected World' written by Alfred C. Aman Jr. & Carol Greenhouse

저자 : Lyou Byung-woon

발행기관 : 홍익대학교 법학연구소 간행물 : Northeast Asian Law Review 12권 0호 발행 연도 : 2018 페이지 : pp. 91-98 (8 pages)

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1연안해역에서 석유오염물질의 세균학적 분해에 관한 연구

(2006)홍길동 외 1명심리학41회 피인용

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2미국의 비트코인 규제

(2006)홍길동심리학41회 피인용

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2미국의 비트코인 규제

(2006)홍길동41회 피인용

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Monash University 법원도서관 법무법인 율촌 공군사관학교 Waseda University
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  • 1 Monash University (3건)
  • 2 법원도서관 (1건)
  • 3 법무법인 율촌 (1건)
  • 4 공군사관학교 (1건)
  • 5 Waseda University (1건)
  • 6 서울대학교 (1건)
  • 7 호서대학교 (1건)

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