In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

The Incoterms which is one of the most useful international instrument for sale of goods provides when a contract goods deliver, risk passes and how costs are allocated between seller and buyer on the contract as long as they agree to use a rule of the Incoterms rules. The Incoterms rules have come into effective to use for an international or domestic trade of goods since January 2011, which have been modified several times since these established by ICC in 1936. The origin of Incoterms rules may had been appeared from English traditional FOB terms that had been affected to American regulations for the sale of goods. The Incoterms rules which had been started from the traditional English FOB terms and American FOB terms have been expanded other trade terms, such as CIF. Although FOB is based on the COD(Cash on Delivery), it is possible replaced COD to CAD(Cash against Delivery) through the use of Bill of Lading and Letter of Credit in the international sale of goods between seller and buyer according to the development of infrastructures on the international commercial transactions. This article exercises the process of transition of the Incoterms rules, being based on the English and American traditional FOB contract form through review literatures, judical precedents and provisions. Then this article provides some feasible alternatives to attempting to resolve some regulation problems of FCA, CPT, CIP, and D-rules in the Incoterms$^{(R)}$ 2010.

The purpose of this study is to clarify the standard of fair and equitable treatment. Although most international investment treaties prescribe fair and equitable treatment that is the obligation to provide fair and equitable treatment to foreign investor, there is no clear definition and specific elements of fair and equitable treatment. Through the arbitral award cases we can find that tribunals have interpreted to include six principles; Due process & Protection from denial of justice, Good faith, Reasonableness & Nondiscrimination, Compliance with contractual obligation, Full protection and security, Transparency & Protection of the investor's legitimate expectations. This study suggest that host countries and investors focus on international trends concerning investment disputes in order to avoid future disputes. So future disputes can be prevented and prepared in advance.

International transactions of plant and construction project need to time to time for completing the contract. During the performing the contract there may arise many claims and disputes it should be settled rapidly for processing schedule of works. However, arbitration and litigation for settlement of dispute are inappropriate in time and expense under the specifications of plant and construction project. Dispute boards are one of the successful resolution method of dispute prior to litigation or arbitration. If the dispute board was failed, of course, it may be allowed to continue into litigation or arbitration. As the creative methods of parties agreement, dispute boards may be expected to avoid claims and dispute in long and medium international contract. The purpose of this paper is to explore the specification and limitations of dispute boards that may clear disputes under long and medium contract of construction and procurement. It needs to be understand to determine whether is the useful methods for resolving dispute in the international project. This paper considers the specific natures of dispute board and its rules, procedures and problems including ICC and FIDIC for the contract of long and medium transaction.

This study analyzes some important spin-off effects of the provision, UCP600 Article 14(6), through the methodology of the expected utility maximization theory based on the state-contingent commodities model. Some technical implications of this study are as follows. First, the risk-averse beneficiary will choose to present his documents more than 5 days before expiry date by paying a higher risk premium (so-called cure period) for full assurance to cure documentary discrepancies, if expressed economically, he pursues loss reducing activities to the point where the expected marginal product of his activities is less than its marginal cost. Secondly, where the effectiveness of securing cure period is uncertain, the risk-averse beneficiary will choose to present documents just on the expiry date without securing any cure period by paying no risk premium. This study finally suggests the safe harbor standard should be optimal solution only if it is supplemented by the hidden reasonableness standard for balancing the conflicts of interest between beneficiaries and banks.

This article intends to analyse some features in Exclusion Clauses of the Institute Cargo Clauses 2009 and the results of analysis are following. First, the insufficiency of packing or preparation exclusion under the revised Clause 4.3 is now more limited than before and the Clause suggest the test of sufficiency or suitability "to withstand the ordinary incidents of the insured transit". Secondly, the word "proximately" was deleted under the revised Clause 4.5 for the insurer to be identified more easily as a cause, but it remains to be seen whether that re-drafting will be successful. Thirdly, The exclusion under the revised Clause 4.6 does not apply unless the insurer can prove that, at the time the subject-matter insured is loaded on board the vessel, the assured was aware, or in the ordinary course of business should have been aware, that the relevant insolvency or financial default could prvent the normal prosecution of the voyage, and to a person who purchase the goods from the assured in good faith under a binding contract. Fourthly, the exclusion in respect of unseaworthiness of vessel under Clause 5.1.1 applies only where the assured is privy to the unseaworthiness, whereas the exclusion in respect of unfitness of container or conveyance under Clause 5.1.2 includes the privity of the employee. Finally, Clause 7 establishes the definition of terrorism, and adds ideological and religious motive to political motive.

This study conducts the horse industry, which shows how country has implemented structural adjustment policies in order to cope with the economic shocks that an FTA brought about. Among the FTAs that Korea has made, Korea-EU and Korea-US FTAs have been regard to bring relatively big impact on korean agricultural sector. The horse industry is a very large and important part of our national and local economies. It is diverse, involving agriculture, business, sport, gaming, entertainment and recreation. The enactment of the 'Horse Industry Promotion Act' can be a turning point for the recovery of the livestock industry. The Act is meaningful in that it can be expand the horse industry as a driving force of rural growth and contribute to people's leisure life. In this context, this study aims to draw policy implications for the Korean government to promote the horse industry.

The objective of this study is to find out whether Korean main banks may have efficiency against Indian major banks. For this purpose, DEA analysis is used for checking relative efficiency levels. The study proposes, as a result, Shinhan bank, Woori bank and Kookmin bank in Korea may consider entering into Indian banking industry because these three banks have relative efficiency against main Indian banks like Yes bank, ICICI bank. The results of the study comply with actual facts since Shinhan bank already came to Indian banking market at first. Shinhan bank have three branches like Mumbai, NewDelhi etc. Wooribank also entered into India in 2012 as second case among Korean banks. But Kookmin bank did not come to India yet so they should consider coming to India. As a preliminary measures, they can send one person as a expatriate to survey the Indian banking industry like KDB in Korea. If they can utilize their core competence in real estate field at India, they may positively think about entering into India as quickly as possible. Although many Korean firms have penetrated into Indian market recently, they almost belong to manufacturing sectors so Korean service firms like banks should consider more coming to India because the most hot sector for FDI in India remain service sector and many foreign service firms already rush to Indian market. If Korean service firms like banks delay FDI further, good market opportunities would not be there any more. DEA analysis can be one of tools to check investment feasibilities. Since India becomes a compulsory subject for most of Korean firms, to increase possibilities of success in India, such Korean banks may consider applying fast-mover investment strategies to the Indian business fields.

Country of origin is very important in terms of consumers right to know, protection of producer, national finance and tariff preference etc. The principal issues related to country of origin are breaches of origin mark, determination of origin of OEM products, domestic products using imported raw materials, exports products, and fairness of penalties. This study focus origin mark issues on key components and set products which have not been treated so far. First, Origin mark issues on key components need to introduce multiple countries of origin for the same products. Some specific products, which are considered important key components or materials, has to mark multiple country of origin in terms of portion and significance. Next, Origin mark issues on set products need to expand the objects from 15 listed items of Korea Foreign Trade Act to all items of HS tariff schedules of Korea Customs Act. A set products which below 15% of components can mark single country of origin like FTA agreement such as Korea-EU FTA, Korea-EFTA, Korea-US FTA and Korea-Peru FTA.

This study aims to develop the research model about the factors that have impact on uTradeHub users' acceptance and resistance to innovation. The followings show the research hypotheses and the results of test. i) The result of H1 empirical analysis confirmed that relative advantage and task adaptedness of e-Trade have more impact on acceptance of innovation than on resistance to it. And also perceived risk and complicity of e-Trade have more impact on resistance of innovation than on acceptance to it. ii) The result of H2 analysis confirmed that the characteristics of foreign trading companies (support by CEO and IT infra maturity) has more impact on acceptance of innovation than on resistance to it. iii) The result of H3 analysis confirmed that characteristics of uTradeHub user' resistance has more impact on resistance of innovation than on acceptance to it. And also, it was confirmed that acceptance of innovation has more impact on the diffusion of e-Trade than resistance to innovation. iv) The result of H4 analysis confirmed that the difference of the degree and factors that has impact on the user's resistance and acceptance by adoption stage of e-Trade. This study has significance in that it arranges the concept and stages of e-Trade systematically and, unlike other studies, it goes beyond the acceptance and diffusion of e-Trade to the inclusion of resistance together in the model.

When a trade conflict arises related to an officially supported export credit programme, The World Trade Organization(WTO), decides on whether the programme is a forbidden subsidy stipulated in the Agreement on Subsidies and Countervailing Measures(the ASCM Agreement). Korea was taken to the WTO panel two times for the export credit programme. One is the semiconductor case in 2002 and the other was the shipbuilding disputes in 2004. And, In 2012, the U.S. Commerce Department ruled K-SURE's export insurance for Korean refrigerator manufacturers as a forbidden subsidy even if the case was not taken to the WTO. This paper examines the significance of export credit programmes on the WTO ASCM Agreement and discusses how to operate these programmes so they would not infringe upon the Agreement by analyzing the actual cases of WTO subsidy conflicts that involved Korean enterprises in relation to export credit programmes for the purpose of determining the related issues and impacts. From this research the results were as follows: First, on whether export credit is a prohibited subsidy, the deciding factor was whether a benefit has been conferred to the beneficiary. On the presence of a benefit, the WTO panel used market benchmarks as the main criteria. Thus, official export credit agencies(ECAs) should be careful not to provide export credit support which had been granted to the beneficiary at better than market terms. Second, in the case of export credit, the special status of ECA as a public body receiving government support itself does not constitute a subsidy. However, caution must be taken not to provide export credit that may lead to WTO ASCM subsidy conflicts involving a certain exporter or industry by setting up clear and valid regulations and fair work processes in the operation of export credit programmes. Third, item (j) of Annex I cannot be interpreted reversely as this item is for interpreting the presence of a prohibited subsidy, not the presence of a benefit. Thus, an export credit program that confers a financial contribution, a benefit and specificity, could qualify as a prohibited subsidy. Fourth, ECAs not only have to maintain long-term account balance but also introduce additional measures to meet this long-term balance such as a clear and systematic premium system. Finally, export credit programmes that are not defined in item (j) of Annex I of the ASCM Agreement would not deemed as an prohibited export subsidy as long as the continued support of the programmes are not being forced.

The purpose of this study aims to the improvement prospect of green insurance industry in Korea. Green insurance includes all classes of general insurance business including unoccupied property insurance and empty building insurance, business insurance, personal insurance, etc. Green policies often cover expensive systems that are not covered under most property policies. The same is true for some underground property, which is also exempted from many property policies. At least insurers already offer products designed to fund rebuilding damaged properties to meet certain environmental and building standards. While the products are in their infancy, insurers and brokers say the huge interest in environmental issues will increase demand. Green buildings that improve energy efficiency and air quality and reduce waste are designed to reduce their effects on the environment and the health of building occupants. Buildings account for 39% of U.S. carbon dioxide emissions, according to the Department of Energy. Insurers say that, as sustainable buildings become more common, green insurance will become more popular and some of its features might become a standard part of property policies.