This study primarily concerns the seller's duty to deliver the goods in conformity with the contract under the United Nations Convention on International Sale of Goods(1980) in comparison with the Draft Principles of European Sales Law. It describes and analyzes the provisions of the CISG as to the seller's duty, focusing on main controversial issues among scholars in their application. It also attempts to compare the rules of the CISG with those of the Draft PESL and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intends to insert the CISG or the Draft PESL in their contract as a governing law. The comparative study particularly focuses on the following aspects; first, requirements for conformity with the contract which deals with the concept of conformity with the contract, contractual requirements agreed between contractual parties, and implied requirements otherwise not agreed between contractual parties, second, the time when the goods must be in conformity with the contract, third, exclusions of the seller's duty to deliver the goods in conformity with the contract.

In most products liability cases, the only or principal defendant is the manufacturer that designed, manufactured, and marketed the product which injured the plaintiff. In this regards, most national laws and international convention stipulates the definition of the producer. But there is no rule about the definition of the producer in China. Yet parties in the product distribution chain other than ordinary manufacturers, notably retail seller, often profit from moving products from factories to consumers and so may bear some responsibility when product hazards injure consumers. The purpose of this paper is to clarify the definition of the "producer", "seller" who is responsible for products liability claims in China. This paper will contributes to help the Korean exporters, manufacturers to build up the proper countermeasures regarding products liability in China.

Bills of lading are crucial in international sales on shipment terms since they guard buyers against loss of or damage to the goods in transit by giving them the rights against carriers. A bill of lading, as document of title, gives the buyer the right to demand physical possession of the goods from the carrier and enables the buyer who is in possession of damaged or short-delivered goods to sue the carrier. In this context the buyer in sales on CIF or CFR terms or FOB terms with additional services benefits from the bill of lading which functions as a receipt of goods and a evidence of the terms of the contract of carriage. Protection of such buyer's interests can be provided in the sale contract through appropriate express or implied terms on the seller's documentary obligations: Which transport document, a bill of lading or a sea waybill, is required? Who should be named as the consignee in the transport document and, in case of bill of lading, by whom should the bill be endorsed? What should be stated in the bill of lading for the quantity of the goods? How about a bill of lading that contains so called "unknown clause"? How many bills of lading for the entire contract goods should be tendered? Can a bill of lading stating that the goods have been shipped in apparent good order and condition also state that the goods were damaged after shipment? This paper seeks to provide answers for these particular questions.

Since the implementation of International Standard Banking Practice(ISBP) in 2003, ICC Publication No. 645 has become an invaluable help to the documentary credit practitioners including banks, companies, transportation and insurance companies etc. However, with the approval of UCP 600 in October 2006, it has become necessary to provide an updated version of the ISBP. It should be emphasized that this ISBP is an updated version as opposed to a revision of ICC Publication No. 645. The new ISBP has been implemented concurrently with UCP 600 since July 1st, 2007. The first necessity was to replace UCP 500 article numbers with those of UCP 600. Second, where it was felt proper, the contents of some paragraphs that appear in ICC Publication No. 645 and that have been covered in UCP 600 have been removed from the updated version of the ISBP. This explains the reduction in the number of paragraphs from 200 to 185. The international standard banking practices documented in the new ISBP are consistent with UCP 600. This ISBP does not amend UCP 600. It explains how the practices articulated in UCP 600 are applied by documentary practitioners. The new ISBP and the UCP 600 should be read in their entirety and not in isolation. It should be kept in mind that any terms in a documentary credit which modifies or excludes the applicability of a provision of UCP 600 may also have an impact on the international standard banking practices. Consequently, when parties concerned must take into account any terms in a documentary credit that expressly modifies or excludes a rule contained in UCP 600.

The purpose of this study is to provide the guideline for the loss of documents relating to the delivery of documents under Letter of Credits transactions. If the documents are lost while in transit from the nominated bank to the issuing bank neither the nominated bank nor the issuing bank is liable as Article. 35 of the UCP600. Normally such matters are settled amicably between banks and problems are only likely to give rise to litigation where this cannot be done and the applicants does not want the goods or take delivery or sell them on because of the loss of documents. UCP 2007 Revision stated that a presentation is complying and forwards the documents to the issuing bank, whether or not the nominated bank has honoured or negotiated, an issuing bank must honour or negotiate, or reimburse that nominated bank. Accordingly, the applicant liable to the issuing bank for any damage sustained as a result of the loss of document. In such circumstance it might be possible to obtain a second(duplicate) set of documents that were sufficient to satisfy the applicant that the document were compliant and enable the applicant to obtain deliver of documents or comply with the terms of a sub-sale. If the applicant does not want the documents presented, no the less, the bank might find it difficult to prove that complaint documents had been presented and, subject to the terms of arrangement with the buyer, could be liable for damage sustained by the applicant as a result the loss of the documents.

The purpose of this article is to examine the "Annulment" of ICSID Arbitration Award. Most of the international conventions provide for arbitration as the preferred method of dispute settlement. In general they either provide for ad hoc arbitration under the UNCITRAL Rules or under the rules of an acceptable arbitration institution, e.g. ICC, AAA, LCIA and in particular ICSID. The most distinctive feature of ICSID arbitration is the self-contained and exhaustive nature of its review procedures. Unlike other arbitration regimes, control is exercised by internal procedures rather than by the courts. Remedies against the award are limited to those provided for in the Convention and do not include court involvement. Especially, the annulment of the ICSID award by an ad hoc committee must be considered as jeopardizing ICSID Arbitration because it clearly depart from the current trends of international commercial arbitration which limits any kinds of judicial review and excludes any kinds of review on the merits. I wish that the future decisions of the ad hoc committees will restore a narrow scope to the ICSID procedure of annulment in order not to endanger the ICSID Arbitration mechanism.

In 2006, the share of fisheries distribution in Busan amounted to 1.9 million ton, which was 41 percent of the whole country. In details, coastal fishery 334 thousand ton(14% of the whole country), deep sea fishery 452 thousand ton(82%), import fishery 964 thousand ton(70%), export fishery 157 thousand ton(43%) were distributed in Busan region, respectively. According to distribution share, import(50%), deep sea fishery(24%), coastal fishery(18%), export(8%) are main category of fisheries distribution in Busan. After the institutional changes in 1997, that is, from monopoly to the competitive systems are implemented, the share of sales volume through a home trust market decreased gradually since 2000. Especially, the share of direct sales in farming fisheries sector amounted to 73.8 percent of total production volume, 80.7 percent of production value in 2005. Furthermore, the share of fisheries sale through e-commerce is increasing owing to the growth of IT and competitive price of its products. and the sale share of large discount store is also on the 10% more increase. Hereafter these structure changes of fisheries distribution in Busan will be more intensified. Therefore, after reflecting the change in distribution policy of Busan Fisheries, the directions of distribution policy should be established, as follows. $\cdot$ Distribution policy to prepare for increasing of non-trust market sales $\cdot$ Fisheries distribution policy to prepare for increasing of direct transaction like e-commerce $\cdot$ Distribution policy to prepare for increasing of sales ratio in large discount store $\cdot$ Distribution policy for making up sound purchasing circumstance of Fisheries $\cdot$ Distribution policy for reducing the fisheries distribution cost $\cdot$ Distribution policy to prepare for increasing of direct carrying the deep sea fisheries and import fisheries to Seoul and $Inch'{\breve{o}}n$ section $\cdot$ Distribution policy for implementing the information system for managing fisheries transaction $\cdot$ Distribution policy for advancing the export & import management of fisheries $\cdot$ Distribution policy for establishing transaction principle reflecting the peculiarity in fishery distribution(to enacting independent fishery law)

Risk regarding the possibility of loss can be especially problematic. If a loss is certain to occur, it may be planned for in advance and treated as a definite, known expense. It is when there is uncertainty about the occurrence of a loss that risk becomes an important problem. The word risk is often used in connection with insurance. No one generally accepted definition of risk exists, however. Of the many definitions, two distinctive ones are commonly used. One defines risk as the variation in possible outcomes of an event based on chance. That is, the greater the number of different outcomes that may occur, the greater the risk. Another way of expressing this concept is to state: The greater the variation around an average expected loss, the greater the risk. The second definition of risk is the uncertainty concerning a possible loss. The definition of risk as a useful one because it focuses attention on the degree of risk in given situations. The degree of risk is a measure of the accuracy with which the outcome of an event based on chance can be predicted. For now, it will serve our purpose to note the more accurate the prediction of the outcome of an event based on chance, the lower the degree of risk. After sources of risks are identified and measured, a decision can be made as to how the risk should be handled. A pure risk that is not identified does not disappear, the business merely loses the opportunity to consciously decide on the best technique for dealing with that risk. The process used to systematically manage risk exposures is known as risk management. Some persons use the term risk management only in connection with businesses, and often the term refers only to the management of pure risks. In this sense, the traditional risk management goal has been to minimize the cost of pure risk to the company. But as firms broaden the ways that they view and manage many different types of risk, the need for new terminology has become apparent. The terms integrated risk management and enterprise risk management reflect the intent to manage all forms of risk, regardless of type. International trade transaction is called between countries has features of globalism, cultural gap, long distance and long terms for the transaction. It is riskier than domestic transaction has its specific risks, such as foreign exchange risk and political risk, and requires various active risk management skills. Risks in relation to the international trade transaction are the contract risk, transit risk and payment risk, etc. The risk management in relation to the international trade transaction is to identify and measure these risks. The purpose of this study is to analyse the practical problems and its solution plan by analyzing various cases related to the risk management of bill of lading in the international trade transaction.

The International Ship and Port Facility Security (ISPS) Code which was developed as the main response of the shipping sector to the miserable event of 11 September 2001 came into effect on 1 July 2004. The ISPS Code designed to detect and eliminate security threats affecting ships and port facilities used in international trade will significantly impact not only on the management and operation of the shipping industry but also on maritime law despite the fact that it is the regulatory framework of public law. It is expected that implementing the ISPS Code will contribute to reinforcement of maritime security on the one hand. However, on the other hand, more intensified security inspection and control measures of port states will also cause delay and additional costs which cause uncertainty in allocating security risk and cost between the contracting parties. Therefore, it is desire to insert new security clause dealing with main security issues or adapt existing clauses to new shipping environments to minimize disputes.

The thesis examines the problems for improvement of clearance procedure and shows the various ways of overcoming them. Practical implications regarding the innovation of clearance procedure are as follows. First, the basis of information for customs clearance service should be built for unifying customs clearance information and imports and exports goods. Second, Customs Service need to keep on trying continuously that customs clearance system should be inter-convertible in the inside and outside of the country. Third, reliable law and execution system should be needed to revitalize customs clearance business and the government need to take measures for new system which is suitable for our own country. Finally, mutual cooperation administration system for customer in domestic and foreign country should be made for supplying high quality clearance service. As we have reviewed above contents, the customs clearance business meet the needs of innovation with new information technique to overcome lots of problems which come by when we execute simplification of customs clearance procedure and customs inspection administration fairly. As well as, when we review a few methods in the line of our customs system, we need strongly completion of related system and arrangements in trade business and similar fields. Hereafter we hope the limitation of this study should be overcome by the process of proper inspections through subsequent studies.

This paper is to provide for an analysis on the trade adjustment assistance program and the Case study affected by international trade and FTA. The paper offers a legal study on analysis about Korea's Trade Adjustment Assistance Law for the Manufacturing Industries, USA's TAA. and Japan's law for Industry revival. In general, USA's TAA measures are defined as assistance actions for business enterprises, farmers and manufacturing industries workers. We exclude farmers and fishermen under Korea's Trade Adjustment Assistance Law for the Manufacturing Industries's business enterprises and workers, but we give them the systemic supports under korea's special assistance law for the farmers and fishermen and so on after FTA. Especially this focuses on the trade adjustment assistance case about both Korea's agriculture-farmer assistance from FTA and USA's TAA from workers in layoffs of trade-impacted communities. Korea has provided TAA to the sphere of agriculture after special legislation in Korea-Chile helping closed orchard, modernizing high quality producing facility for agriculture competition, producing superior fruit saplings, and constructing the distribution center in the producing district. But for US-Korea FTA and rapid increase of import by FTA expansion, we must prepare such indemnity systems for loss as cash benefit and wider aids for closed farm. The USA's TAA program targets manufacturing workers affected by international trade, who may have fewer transferable skills and face greater challenges to reemployment than other dislocated workers. A large majority sought some assistance from their one-stop center. Relatively small numbers chose to enroll in training, but those who did it often used this opportunity to chart a new career path. Finally, we learned the importance of education and discipline from USA cases. The fast and accurate information providing can raise efficiencies. The infrastructure can maximize the effect of TAA. The effective application would help us get over difficulties of TAA at hand.

In Korea, the major of international trade and business introduced in the 1960s to supply trade expert to trading companies, and the heyday of the trade major was in the 1980s. However the trade major fell into decay from the middle of 1990s. The purpose of trade education in university is to supply high qualified employees to societies and companies. The problem is that companies have difficuties for recruiting of trade expert, on the other hand university graduates have few job oppertunies. It has some discrepancies between education and field. The object of this paper is to propose a direction of modification of the trade and international business curriculum for global trade expert. We research international trade and business departments' curriculums of GTEP universities. GTEP stands for global trade expert incubating program started from 2006 which have charge of MOCIE and KITA. First, in the title of department, a lot of former researchers have taken up the position to return "Trade" or "International Trade". We think more important fact is not the title of department but the curriculum, so we insist on a harmony between the department title and curriculums. The focus of modification of curriculum is to educate global trade expert, so we need to know about global business environment and companies' needs also. Second, We propose the directions for modification of curriculum are "convergence" and "specialty". Trade major is a mixed study in nature and trade major try to treat lots of subjects such as trade, business adminstration, economics, international law, international commerce, logistics and marketing etc to catch up changing global business circumstanses and companies' needs. So convergence of adjacent field is very important in study and training. Specialty means selection and concentration strategy for global trade expert. It is difficult to learn every knowledge and skills for employer's needs in 4 years and 140 credits. A students who has studied basic subject in trade, management, economics can choose 1 or 2 specailty subject such as trade and e-commerce, global marketing, logistics and transportation, commerce and policy, servive trade, foreign language and cross culture etc. In concusion, the concept of convergence and specialty is not separation but harmony each other, so we propose to promote two concept together for modification of the trade and international business curriculum for training of global trade expert.

The purpose of this study is to detect the factors which have an effect on transformation level and performance and to provide the ways of successful transformation and vitalization from OEM to ODM. This study was proceeded by an empirical analysis. A model and hypotheses were set up and they were verified through the empirical analysis. Those factors were divided into four, inner company factors, strategic factors, core competence factors and purchase determining factors. In the result of the model suitability analysis on the study model of relationship among 'influencing factors of ODM transformation - ODM transformation level-export performance', every factors, $X^2=912.067$, DF=261, p value=0.000, GFI=0.737, AGFI=0.620, NFI=0.786, IFI=0.837, CFI=0.834, Q value=3.495 were rather insufficient to be a good model, but they were good enough for the general analysis. Taking these accounts into consideration, this study suggests the following implications. First, making a plan and setting up strategies in advance are required. Second, financial plan has to be prepared. Third, trends in global markets have to be analyzed. Fourth, companies have to focus on developing new materials and products through R&D. Fifth, quality competitiveness and quality control systems are required.