• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제59권
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• pp.3-26
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• 2013

The purpose of this paper is to examine the several points at issue in international technology transfer contract from licensor's and licensee's perspectives, and to refer them when the licensor and the licensee draw up the contract. This author analyzed the critical points of the related provisions of ICC Model International Technology Transfer Contract(2009) by citing the explanations of the Introduction of the Model Contract. The provisions of the Model Contract are generally divided into two categolies; specific conditions and general conditions. This author selected four topics in the specific conditions; Contents of the Contract, Royalty, Modification and/or Improvements of Products, and Territory and Competition. Likewise this author selected three topics in the general conditions; Resolutions of Disputes, Applicable Law and Taxes. Both parties need to be mindful of the following points in the above topics, when they draw up the contract. First, both parties should make the definitions of special terminologies clear, which are included in the Contract. Second, before the parties sign the Contract, they should check any approvals to be necessary by the both countries' governments. Third, for the calculation of the royalty, they should clear the criteria, the scope, and the object. Fourth, as the local laws or regional laws regarding the territory limitation and taxation are mandatory, any provisions of the Contract should not be inconsistent with them. Therefore, both parties should check before-hand the local laws or rules related with the provisions of the Contract. Fifth, when the parties draw up the Contract, they should examine the Provisions of Dispute Resolution in consideration of the Governing Law. Thus both parties decide to make the technology transfer contract, the three aspects namely profitability, legal conflict with mandatory rules, and sustainability of the business resulting from the Contract should be examined in advance, and then proceed the business using the technology transfer.

• International Area Studies Review
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• 제12권2호
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• pp.99-123
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• 2008

In this paper, technology gap between Korea's manufacturing industries compared to technology frontier countries was estimated in order to take into account Korea's status as a technology follower country. Then by using this measure the role of technology gap was investigated in explaining total factor productivity growth of the Korean manufacturing at industry level. The main empirical findings are as follows: First, the conventional factors that were emphasized in the previous literature such as R&D intensity, trade openness and human capital play important role in explaining the growth rate of Korea's total factor productivity. Second, the larger the technology gap between Korea and technology leader country (and the faster the technology growth rate in the leader country), the higher the growth rate of total factor productivity in Korea as well. Third when the technology gap is large, the most efficient way of absorbing higher technology from frontier country seems to be the international trade channel rather than R&D or human capital accumulation.

• International Area Studies Review
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• 제14권1호
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• pp.203-219
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• 2010

Nowadays an instability of the exchange rate on accounts of global finance crisis brings on a lot of an economic damage such as recession, decreasing of total trade and so on. However some countries which belong to be membership of the eurozone could escape economic slump shortly and easier than others. The reason for this is that they share with the Euro as a their own currency which is the second vehicle currency all of the world. This paper analyzes the correlation of joining the Euro zone and trade with pooled OLS, random effect estimation, and fixed effect estimation. A membership of the Euro zone are able to increase trade 11.3% ~ 25.3% one another on average since some country belongs to the Euro zone. It is very important for some countries which have a plan to affiliate the Euro zone sooner or later to realize economic effect because of a protection of the Euro zone as well as political power.

• Korea Trade Review
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• 제41권2호
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• pp.97-121
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• 2016

This study evaluates industrial competitiveness of 34 industries in the 41 countries in terms of several trade indices such as value-added RCA(VRCA) and value added intra-industry trade(VIIT). Conclusions are as follows: First, China is still showing week evidence to replace or overtake Korea in terms of VRCA. Second, it is not supportive of the assertion that the gap between Japan and South Korea had widened in the 1995-2011 period. Third, Korea's exports pattern in the manufacturing sector has shifted from the one featured by developing countries(re-exportation of final goods produced using imported intermediate inputs) to that of the developed (exportation of intermediate goods). According to dynamic panel analysis regressing the RCA gap on the IIT gap, intermediate-goods RCA and the market share gap, the estimated coefficient of the gap between value-added IIT and gross IIT is 0.253 and statistically significant at the 2% level. This implies that increases in IIT or intermediate-goods trade to sustain the global competitiveness are the main reasons for the gap between value-added RCA and gross RCA.

• Korea Trade Review
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• 제42권4호
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• pp.139-157
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• 2017

Whether an investor can invoke a dispute settlement procedure stipulated in other BIT based on the MFN clause in the original BIT is an important issue. There is a difference in the interpretation of MFN clause in which the scope of the treatment stipulates the slightly different contents for each investment treaty. Therefore, this study considered ICSID arbitration cases related to the applicability of MFN clause for investment dispute settlement provisions. There are two different approaches for the applicability of MFN clause by arbitral tribunals. At first, the expanded interpretation of the MFN clause can be applied to procedural regulations, in that the purpose of the investment treaty is to protect foreign investors and to ensure their status. So, foreign investors can invoke a BIT of a third country that is advantageous to them. Second, the limited interpretation of the MFN clause can not be applied to procedural regulations. Without explicit regulation, the term treatment can not be considered to include dispute resolution provisions. And the BIT that the host state has concluded with third country is a treaty that applies only to the contracting party, so it can not be used by foreign investors of other nationality. Therefore, this study suggests concretely stipulating the scope of MFN clause under the investment treaty, highlighting that certain restrictions should be applied to the MFN clause. Furthermore, it is required continually investigating and analyzing the database of the scope of MFN clause.

• Korea Trade Review
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• 제42권4호
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• pp.159-184
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• 2017

OECD MNE Guidelines ('OECD Guidelines') was set forth in 1976 as a form of annex to the OECD Declaration on International Investment and Multinational Enterprises. The objective of the OECD Guidelines is to fulfill the implementation and adoption of the Responsible Business Conduct ('RBC') among the adhering states. To further the effectiveness of the OECD Guidelines, OECD, specifically the Investment Committee of OECD, has utilized National Contact Point ('NCP') structure. According to the Procedural Guidance annexed to the OECD Guidelines, peer learning is prescribed as an important tool for promoting and facilitating the implementation procedures of the OECD Guidelines. This paper, inter alia, is mainly focusing on the peer review mechanism applicable to NCPs because negative assessments by peers are likely to harm Korea's state image and entail international criticisms even though such reviews are conducted voluntarily. In addition, the Working Party on Responsible Business Conduct ('WPRBC') decided to have a peer review of Korean NCP in 2019. This paper first outlines the meaning and current applications of the peer review mechanism, and then analyzes specific peer review cases conducted in Denmark and Belgium in 2015, and in 2016, respectively. Lastly, based on the issues handled in the peer review reports on the above states, this paper makes a few recommendations for Korean government to prepare the peer review scheduled in 2019.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제39권
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• pp.3-26
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• 2008

CISG provides the Convention's default provisions on anticipatory breach. Article 71 permits the aggrieved party to suspend the performance of his obligations if it becomes apparent that the other party will not perform a substantial part of his obligations after the conclusion of the contract. The aggrieved party must give notice of the suspension to the other party and if he provides adequate assurance of his performance, the party must continue with performance. Article 72 authorizes the aggrieved party to avoid the contract to the date of performance when it is clear that the other party will commit a fundamental breach. The aggrieved party is also required to give the other party notice of his intent to avoid the contract if time allows. The requirements for avoidance under Article 72 are more stringent than those for suspension under Article 71. Article 72 requires reasonable prior notice only if time allows, while article 71 requires immediate notice with no exceptions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제60권
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• pp.27-46
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• 2013

The Incoterms and United Nations Convention on Contract for the international Sales of Goods(CISG) allocate a risk in their articles. These rules make a decision that the parties who make a transaction are bound to bear the risk or damages of goods. Though a goods have a damages or loss during a transportation, buyer is liable for the payment of purchase price. In this case, this paper defines the meaning whether who can bear the risk under Incoterms and CISG. In the majority cases which deal between parties, after shipment or at the end of carriage, the loss or damages are found in buyer's hand. If a damages or loss is made during transit, customarily these risk are covered by insurance. Otherwise, these rules provide a tools for solving this problems. Then, between parties should be accomplished their target equitably.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제73권
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• pp.43-63
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• 2017

Amidst dynamic business environment, creating competitive advantage, source of competitiveness, is a critical issue for international port operations. To overcome limitations of prior studies adopted cross-sectional approach, this study reviews a way to continually sustain and create competitive advantage, based on the case of Busan port in South Korea. Development plans, operations and management practices from2005 to 2014 were investigated and reviewed. Results revealed that enhancement of infrastructure, new engine to sustainable growth, green and safety, and partnership enhancement were a source of creating competitive advantage. The results help theoretical advances on competitiveness and its durability, and provide useful insights for creating competitive advantages and future improvement in international port operations.

• Nuclear industry
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• 제17권2호통권168호
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• pp.40-43
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• 1997

제245차 원자력위원회 의결에 따라 추진된 원자력 사업 추진 체제 조정 작업이 96년 말로 완료됨에 따라, 그 동안 한국원자력연구소가 수행하던 원자력 사업이 모두 산업체로 이관되었다. 이에 따라 1월 3일에는 한국전력기술(주)의 $\ulcorner$원자로설계개발단$\lrcorner$이, 1월 9일에는 한국전력공사의 $\ulcorner$원자력환경기술원발단$\lrcorner$이 대전 대덕연구 단지에서 각각 개소식 및 개원식을 갖고 업무를 개시하였다. 이번 사업 추진 체제 조정으로 지난 10여년간 논란이 되어 온 우리 나라 원자력 산업계의 구조적인 문제점이 해소되어, 세계무역기구(WTO 출범 등 급변하는 무한경쟁 시대의 세계 무역 환경에 적절히 대응할수 있는 체제로의 전환이 이루어짐으로써, 국내 원자력산업은 국제 경쟁력을 확보할 수 있는 기반을 구축하게 되었다. 원자력 사업 추진 체제 조정 작업의 추진 배경, 추진 경위, 조정 결과 등을 요약$\cdot$정리해 본다.