• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.12
• /
• pp.163-200
• /
• 1999

The CISG entrusts many problems to trade or practice : for example the problems which can't be compromised between civil law system and common law system ; the problems in which the application of usage or practice in universal ; the problems of rapid change according to trade circumstance. The purpose of this paper is to confirm whether the CISG is accomodating the usage or practice in its Text, and to find which topic is most closely related to usage or practice in CISG. The Article 9 in the CISG is a provision of usages or practices applicable to contract. But the problems of the CISG in the accomodation of usages or practices are that it lacks the definitions of ‘usage’ and ‘practices’, the CISG is not concerned with the validity of any usage according to Article 4, and the application of usage or practice may differ in litigation and arbitration The topics such as delivery of goods, payment of price and the transfer of risk are most closely related to usages and practices. The delivery of goods and the transfer of risk are determined by the trade terms like FOB or CIF. But the method of identification and the risk for the sale of goods in transit can't be determined by the trade terms in INCOTERMS(1990). So the CISG may serve as complementing role. In payment of price, the trade term does not refer to the time and place of payment. So the CISG may be the basis of interpretation. Likewise the usages and practices such as trade terms, UCP and so on, can be expected to play a significant role in complementing and interpreting the CISG.

• Korea Trade Review
• /
• v.44 no.5
• /
• pp.1-16
• /
• 2019

As the activities of global enterprises have become more globalized and the labor movement among nations has increased, many studies have been carried out on the effective adjustment of expatriate managers. By examining the literature over the past 30 years on the adjustment of expatriate managers, this study identified major research trends and presented future research directions. While prior studies have often been cumbersome, time-consuming, and dependent on the researchers' subjective judgments, this study performs a bibliometric analysis using quantitative and visualized reference materials to provide a map showing the evolution process of existing research on the adjustment of expatriates. Using the CiteSpace program, this study conducted a bibliometric analysis of 517 papers focusing on major research trends, research countries, research institutions, authors, and journals. Study results found that the study of international adjustment was mainly focused on self-directed senders, attribution adaptations, and personal characteristics. The United States, Britain, and Australia were the most represented countries, while the most influential institutions included Aarhus University, the University of Wisconsin, and Hong Kong Baptist University. As one of the leading researchers, Selmer of Orhuss University published 19 papers, followed by Luring of Orhuss University. The Journal of International Business Studies (JIBs) most frequently featured studies of overseas expatriate adjustment.

• Journal of Korea Port Economic Association
• /
• v.37 no.4
• /
• pp.51-70
• /
• 2021

This study measured the environmental efficiency of 21 international airports based on sustainability reports issued by each airport for 2018. As many sectors in the industry paid attention to social and environmental responsibilities, airport operators comprise one of the leading sectors that streamlined their facilities to become increasingly sustainable and environmental. Nevertheless, studies on the environmental operations of airports are insufficient compared with studies on economic or operational efficiency. Therefore, the current study aims to determine any possible improvement in the environmental inefficiency of airports with the utilization of directional distance function (DDF) and to examine operational efficiency with the application of the data envelopment analysis (DEA). The majority of airports have operated their facilities efficiently, but not all have effectively managed pollutants generated by airports. Furthermore, many airports can still potentially reduce CO₂ and water consumption. This study suggests several implementable environmental improvements to the aviation sector. Moreover, other industrial sectors may use the research as a benchmark for enhancing environmental efficiency.

• Korea Trade Review
• /
• v.43 no.4
• /
• pp.89-110
• /
• 2018

This paper reviews the practical operations and exceptions to the independent principle by analyzing the leading cases of English documentary credit transactions. A bank's undertaking in L/C transactions differentiates between underlying contract and other contracts. The autonomy principle is the key principle governing L/C, but this principle may be connected with unfair (unjust) payment. English Law is strongly influenced by the developments in American Law in the case of fraud, but traditionally, British courts has been very reluctant to interfere in banks' independent undertaking under the L/C. The position of British case law relating to fraud is based on Sztejn. In practice, British courts recognize fraud as an exception to the autonomy principle in which the case is sufficiently serious to render it unjust to permit the beneficiary to receive payment. British case law has historically taken a narrow approach toward intervention in the independent principle of documentary credit. Therefore, innocent parties including beneficiaries are protected by these regulations regarding fraud.

• Korea Trade Review
• /
• v.41 no.5
• /
• pp.305-323
• /
• 2016

The scope of umbrella clause is very important because it is possible to extend or reduce the range of protection of the investment. Umbrella clause stipulated in the majority of BIT is often controversial, since there is no established criteria for the scope. So, this study considered ICSID arbitration cases related to the scope of umbrella clause. There are two different approaches for the scope of umbrella clause by arbitral tribunals. First, all of the disputes on the investment contract elevated to the disputes on the BIT. And umbrella clause can be applied that the host state entered into investment contract not only as a sovereign but also as a merchant. Second, all of the claims on the investment contract don't elevate to the claims on the BIT. Umbrella clause can be applied only if the host state violates the protected investment contractual rights and obligation under the BIT. And umbrella clause can be applied that the host state entered into investment contract as a sovereign but not as a merchant. Therefore, this study suggests to concretely specify the scope of umbrella clause under the BIT. And it is necessary to improve predictability by establishing continual database of the scope of umbrella clause and to prepare for investment disputes related to the scope of umbrella clause.

• Korea Trade Review
• /
• v.43 no.2
• /
• pp.205-227
• /
• 2018

This study reviews strategic CSR, which recently has become a controversial topic, and examines the implications of strategic CSR activities on corporate performance. For this, three hypotheses were set. First we categorize CSR activities into economic, legal·ethical, philanthropic, and social innovation responsibility, and to verify if these CSR activities have positive influences on the performance of Chinese and Korean companies. Second, we explore the moderating effects of globalization between the CSR activities and corporate performance. In addition, CSR activities were separated into traditional and strategic in order, and to determine whether the strategic activities had a more positive influence on corporate performance than traditional CSR activities. For this, a total of 646 surveys (401 from China and 245 from Korea) were collectd from MBA students in China and Korea, and the results were comparatively analyzed.

• Korea Trade Review
• /
• v.41 no.1
• /
• pp.117-138
• /
• 2016

ODA is an effort and action of international community to keep human rights by eradicating poverty. UN declared MDGs (Millennium Development Goals) during 2001 and 2015. As a follow-up action, UN sets up SDGs (Sustainable Development Goals) during 2016 and 2030. SDGs expands the concept of ODA. SDGs includes cooperation development over the scope of ODA by mobilizing various financial resources from public sectors and private sectors. It will overcome the limitation of traditional ODA and be 'AID and beyond'. Catalytic aid is appropriate for the concept of SDGs. Cooperation development by catalytic aid focuses on building economic infrastructure and production facilities rather than humanitarian aid, which will establish a sustainable development basis for recipient countries. This study suggests to make a PPP business by linking KSP(Knowledge Sharing Program), to objectify criteria of priority recipient selection and aid allocation, to adapt grant and concessional loan complexly according to the business, to support realization of CSV(Creating Shared Value) by establishing SPC(Special Purpose Company) and to construct a PCSD(Policy Coherence for Sustainable Development) system to fulfill the fore-mentioned strategies.

• Korea Trade Review
• /
• v.42 no.2
• /
• pp.297-318
• /
• 2017

This study reviews the origin verification system of China via literature research and analyzes cases of Korean exports origin disapproved of Chinese customs clearance, to provide origin verification strategy recommendations for Korean companies exporting to China under Korea-China FTA. We reviewed the provisions of Chinese rules of origin and analyzed origin disapproved cases gathered from various presentations. The main results of the study have the following implications; First, the customs authority needs to establish a consultation channel with the customs authority of China, and origin certification issuing agencies should provide exporters with consulting services in the certificate issuing stage to reduce verification risk. Second, exporters need to pay attention to the formal requirements of the proof of origin, utilize the advance rulings program of differences in classification of items between Korea and China, and monitor regulatory change in China.

• Korea Trade Review
• /
• v.42 no.1
• /
• pp.217-236
• /
• 2017

The purpose of this study is to analyze the effects of IFDI on the regional growth of 16 subregions in Korea during 2000~2014 by applying the System GMM. As a result of the analysis, the IFDI flowed into Korea has showed a positive effect on regional economic growth such as capital formation, job creation, and export expansion. but import has showed a negative effect. and Human capital has showed a positive effect but not statistically significant. meanwhile, IFDI which was flowed in the regions has showed a positive effect on the GRDP of DK regions including Daegu and Kyongbuk, while the GRDP of Metropolitan including Seoul, Incheon and Gyeonggi and BUK regions including Busan, Ulsan, Kyongnam has showed a negative effect. there were observed similar trends in the complementarities between IFDI inflows and human capital. This study has confirmed that IFDI flows into Korea are an important factor for regional growth, but the growth effect on GRDP in the region differs according to regional characteristics. Therefore, this study has suggested that it is urgent to reorganize the industrial structure along with the IFDI attraction strategy suitable for regional characteristics in order to expand the growth effect of IFDI flowed into the regions.

• Korea Trade Review
• /
• v.42 no.2
• /
• pp.227-249
• /
• 2017

This study investigates whether foreign equity ownership is associated with trading volume. This study establishes null hypothesis indicating that foreign equity ownership is not related to trading volume based on prior studies regarding foreign equity ownership. We measured trading volume as proxy of investors' heterogeneous beliefs. To exam The the hypothesis, we collected sample firms listed on the Korean Stock Exchange from the year of 2001 to the year of 2011 inclusively. Controlling for variables related with trading volume as reported in the previous studies, the regression coefficient for the foreign equity ownership showed statistically significant negative sign. These results indicate that the foreign equity ownership is negatively associated with investors' heterogeneous beliefs. This study contributes to extant literature on foreign equity ownership by providing evidence that foreign equity ownership affects investors' trading decisions. The results also help policy makers in their policy development.