• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.277-293
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• 1999

As the CISG has been legislated for a new legal system playing roles as uniform rules which govern international sale of goods, it requires appropriate criterion of interpretation. The Convention distinguishes between two levels of interpretation. One concerns the interpretation of the rules of contract law contained in the CISG itself, and the other the interpretation of specific statements or the conduct of the individual parties to a transaction.

• Journal of the Economic Geographical Society of Korea
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• v.9 no.2
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• pp.225-242
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• 2006

This study aims to analyze the spatial distribution pattern of international trade. The method is to analyze the principal components by changing interaction attribute matrix of four dimensions (hinterland, gateway, foreland and commodities) into two dimension matrix. The study area is the territory region of Cheongju clearance depot in inland. The result are as follows : Major spatial patterns of regional connections by hinterland, gateway and foreland are, in the case of exports, ten patterns and in the case of imports come to nine. Composition of major export and import commodities in Cheongju clearance depot are similar, but precision instrument manufactured commodity and nonmetal mineral are remarkable in export and mineral manufactured commodity machinery and electronic manufactured commodity are remarkable in import. Gateway are similar to export and import, but Incheon international airport is used more in the case of import. And Cheongiu international airport is used for some commodities and is remarkable as a foreland of import for the areas outside of Chungcheongbuk-do.

• 기계와재료
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• v.24 no.2
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• pp.38-46
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• 2012

인구의 증가와 급속한 산업화 그리고 편안함을 추구하고자 하는 문명의 이기로 인한 에너지 사용량 증가는 환경오염을 가속화시키는 문제를 유발하고 있어 전 세계적으로 심각한 사회문제로 대두되고 있다. 이에 반해 삶의 질의 향상에 따라 보다 쾌적한 환경에 대한 욕구와 인식의 변화로 환경보호에 대한 관심이 증가하는 추세이며, 이에 따라 각 국의 환경규제는 날로 강화되고 있다. 이러한 환경문제를 해결하기 위한 국제협력이 활발해지면서 무역과 연계된 국제 환경규제가 가속화되고 있으며, 환경선진국은 이러한 환경규제를 무역장벽으로 이용하고 있어 국가의 대외경쟁력에도 직 간접적으로 영향을 미치고 있다. 환경오염물질 중 질소산화물(NOx), 황산화물(SOx), 일산화탄소(CO), 이산화탄소($CO_2$) 및 휘발성유기화합물(VOCs), 다이옥신 그리고 입자상물질(PM)과 같은 대기오염물질은 대기 중으로 쉽게 확산되는 특성에 의해 인접한 지역까지 영향을 미치기 때문에 국제적인 규제대상의 초점이 되고 있으며, 경제협력개발기구(OECD, Organization for Economic Cooperation and Development), 유엔산하 국제해사기구(IMO, International Maritime Organization) 및 국제연소기구협회(CIMAC, International Council on Combustion engines)등 여러 국제기구를 중심으로 각종 규제수단을 개발하여 적용하고 있다. 특히, 국제해사기구(IMO)에서는 선박에서 발생되는 오염물질 등에 대한 규제강화를 위하여 새로운 국제해양오염방지협약(MARPOL)을 채택, 발효하여 그 규제 범위를 넓혀감에 따라 선박에 대한 각종 환경규제가 대폭 강화되고 있어 친환경 선박 및 관련 기술 개발이 활발히 진행 중에 있다. 이 글에서는 선박에서 배출되는 대기오염물질 중 그 자체로도 인체에 유해하며, 산성비, 광화학스모그 등 다양한 환경문제를 유발시키는 대표적인 물질인 질소산화물(NOx)과 질소산화물 배출규제에 대한 대응기술인 선택적촉매환원법(SCR, Selective Catalytic Reduction)과 SCR 탈질시스템에 사용되는 SCR 촉매에 대해 소개하고자 한다.

• Korea Trade Review
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• v.42 no.1
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• pp.189-215
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• 2017

This study analyzes the determinants of the choice of foreign direct investment mode by Korean fashion firms in entering into foreign markets. We have established hypotheses regarding their choice among three classical entry modes including a wholly-owned subsidiary, a joint venture and an M&A based on factors such as the investing firm's size, international experience and international strategy type, host market potentials, cultural distance and foreign investment risk. By conducting multiple logistic regression over secondary data on 100 Korean fashion firms, we found that all variables but cultural distance were statistically significant. The results may contribute to advancing international business theory on the fashion industry and developing fashion firms' global strategy.

• International Commerce and Information Review
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• v.1 no.2
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• pp.295-323
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• 1999

A main purpose of this study is to examine the international mercantile custom of Russia. After the collapse of the Soviet Union, the new Russia have to make a relation external world for economic development. The geostrategic importance and natural resources in Russia attracted constant interest of western countries. There are many difficulties in this country and hundreds of Korean and western companies already operate in Russia and their activities are more and more of a long-tenn character. So, the settlements of trade and understanding between Korea and Russia are very important. It includes effective methods of trade settlement, factors of successful negotiation, differences of trade customs and business environment.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.61-78
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• 2013

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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.179-199
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• 2016

There is legal relation between both parties after contract formation. The parties are liable for performing each duties but a party is not liable for a failure to perform the duties if party proves that the failure was due to the force majeure. The forec majeure has different concepts and legal principles such as change circumstance, hardship, frustration, impediment and so on. Therefore, it need to analyze a historical background and their presence in various domestic legal systems. Although the CISG describes Art. 79 impediment instead of using the force majeure, the impediment has several interpretative limitation. The CISG pursue to harmonize divergent legal concepts and principles from various national laws and legal systems but the harmonization of legal systems make the impediment more confused. The article goes on to analyzes about limitation of the impediment and reviews to examine the force majeure and hardship in PICC. Thus both parties of international contract insert hardship clause in order to prevent the problem of judgment in a court or a court of arbitration under impediment of CISG.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.101-131
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• 2011

The Governing Council of UNIDROIT at its 90th session adopted on 10 May 2011 the third edition of the Principles of International Commercial Contracts("UNIDROIT Principles 2010"). The UNIDROIT Principles of International Commercial Contracts first published in 1994 and in a second edition in 2004, are taken by legislators worldwide as a model for contract law reform and increasingly used in international contracting and arbitration practice, as well as by the courts to interpret and supplement the applicable domestic law. The UNIDROIT Principles are particularly useful to parties when negotiating and drafting international contracts. The new edition of the Principles, UNIDROIT Principles 2010, prepared by a group of experts from all over the world including representatives of numerous international organizations and arbitration centers. The UNIDROIT Principles 2010 contain new provisions on restitution in case of failed contracts, illegality, conditions, and plurality of obligors and obligees, while with respect to the text of the 2004 edition the only significant changes made relate to the Comments to Article 1.4.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.315-350
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• 2010

The rapid growth of Korea-China trade that was since the establishment of diplomatic relations in 1992, led China to surpass the United States and Japan to become Korea's largest trading partner in 2009. "The largest trade" also means "the most disputes", so it is essential to study on dispute settlement and enforcement system of the two. Therefore, in order to make the traders correctly understand and use the arbitration as a dispute settlement method in both China and Korea, this article makes a comparative study on arbitration system between the two countries. And finally, it analyzes the enforcement situation of arbitral award in China, then provides the author's personal recommendations as a countermeasure against the poor enforcement system in China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.79-104
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• 2010

The Original Equipment Manufacturer(OEM) Export is one of the most frequent trading system in international transactions, especially for Korean export companies. Even with vast majority of benefits of OEM Export, it still has two sides: bright and dark. Frequently, uneven position between parties drives a party to endure transactional practices harsh and unconscionable. A Recent case in one Korean court shows another aspect of OEM transactions. For the provisional measure against unilateral termination of the contract, it contain essential legal issues that can arise in international OEM transactions, like international jurisdiction, interpretation of contracts, termination of contracts, etc. Deep analysis of several issues in the case, apart from the court's decision, is expected to give insight into the legal status of the parties for strategic operations of OEM practices.