• Journal of Arbitration Studies
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• v.29 no.2
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• pp.201-223
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• 2019

There are diverse kinds of alternative dispute resolution systems in India. In the structure of society in Ancient India, the panchayat system was the creation of the villagers themselves and was composed of persons who were generally respected and to whose decisions the villagers were accustomed to give unreserved obedience. The ruler of the province allowed the villagers to govern themselves and the villagers assumed the responsibility for the settlement of disputes among themselves. However, the panchayat system has been heavily influenced by the structure of the village at hand, which depends on the caste system in India. This study categorizes the village dispute resolution structure into four main types depending on the extent of the caste group's dominance within the village. In addition, the Indian government created Lok Adalat which combines the indigenous dispute resolution with modern law system. Today, Lok Adalat is one of the widely used dispute resolution systems in India.

• International Commerce and Information Review
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• v.19 no.1
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• pp.155-187
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• 2017

In the US, the Sections 301 of the Trade Act of 1974 are still being used to resolve disputes. The U.S' such unilateral retaliations grounded on the Sections 301 of the Trade Act, in fact, violate the WTO agreements and hinder the development of international trade as the trade partner may assume it as a reprisal move impeding the fair settlement of disputes. Here, this study is going to examine the characteristics and functions of the WTO dispute settlement system briefly and compare the countermeasures recognized to be legitimate by the WTO with the U.S' unilateral retaliation. Also, this author will analyse the US-Japan Automobiles (DS6) and EC-Bananas III (DS27) as one of the typical cases resulted from the unilateral retaliation. According to the result, these cases do not conform to WTO-consistency, and it implies that it is absurd to accept the US' unilateral retaliation internationally. In conclusion, presently, it is a global trend to solidify protectionism, and to vitalize trade and resolve trade disputes efficiently, it is needed to prohibit the recourse to unilateral retaliations and also positively apply the WTO dispute settlement system(DSU) defining rules about how to strengthen the multilateral system.

• International Commerce and Information Review
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• v.16 no.5
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• pp.67-86
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• 2014

The commercial arbitration is considered an effective and rapid means in solving problems and finding solutions for disputes between the business partners. For the development of commercial arbitration, there is a need to study arbitration in practice as well as in theory. This paper analyse the situation of commercial arbitration system in Pakistan both with respect to domestic laws and international laws applicable in Pakistan. The Arbitration Bill 2009 aims to consolidate law relating domestic arbitration, international commercial arbitration, recognition and enforcement of foreign arbitral awards as well as settlement of international investment disputes. Pakistan while defending investment claims and in order to restore investor's confidence, in 2011, Pakistan introduced a law to secure foreign investments. This study explains the relationship of old and new Pakistani arbitration laws and elaborates the changes brought about by the new enactments and gives a comprehensive analysis of Pakistani arbitration laws, rules and procedures dealing with arbitration agreements and awards. In the absence of relevant trade information in Pakistan, this paper is designed to meet the needs of a Korean international trade scholars to obtain an understanding of Pakistani commercial arbitration system quickly.

• Journal of Arbitration Studies
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• v.26 no.1
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• pp.135-157
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• 2016

CISG is the most important international convention in the field of international sale of goods. Many arbitration organizations often invoke this convention when settling disputes between the parties concerned. China has been one of the contracting states since the effective date of CISG, and has settled many cases with it. This article aims at analyzing the legal status of CISG in China and the methods with which Chinese arbitration organizations apply CISG. Also, it looks into the existing problems, based on which it provides suggestions for improvement.

• The Optical Journal
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• s.105
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• pp.42-42
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• 2006

전략물자라 함은 군사적 목적으로만 이용되는 군전용의 물자만이 아닌 민수품까지도 포괄하는 개념이다. 전략물자에 포함되는 민수품은 군사적 목적으로도 사용될 수 있는 품목으로서 국제적으로는 이중용도(Dual Use)품목으로 불리어진다. 이러한 군전용 물품과 이중용도품목이 분쟁국가나 국제평화를 저해할 우려가 있는 국가로 수출이 되어 군사력의 과도한 확장에 이용되지 않도록 하기위한 제도가 전략물자 수출통제제도이다. 국제사회에서 안보와 평화를 위한 규범으로 시행되고 있는 전략물자 수출통제 강화 추세에 적절히 대응하지 못할 경우, 우리 업체의 피해는 물론 국가 이미지에 심대한 타격을 받을 수 있으므로 우리나라도 정부·기업이 역할을 분담하는 방향으로 전략물자 수출통제 강화방안이 마련되었다. 본 고에서는 기업리스크 관리를 위한 전략물자 무역관리를 위해 한국무역협회에서 발간한‘알기 쉽게 풀어 쓴 전략물자 무역관리’내용을 발췌하여 연재한다.

• The Optical Journal
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• s.102
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• pp.42-43
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• 2006

전략물자라 함은 군사적 목적으로만 이용되는 군전용의 물자만이 아닌 민수품까지도 포괄하는 개념이다. 전략물자에 포함되는 민수품은 군사적 목적으로도 사용될 수 있는 품목으로서 국제적으로는 이중용도(Dual Use)품목으로 불리어진다. 이러한 군전용 물품과 이중용도품목이 분쟁국가나 국제평화를 저해할 우려가 있는 국가로 수출이 되어 군사력의 과도한 확장에 이용되지 않도록 하기위한 제도가 전략물자 수출통제제도이다. 국제사회에서 안보와 평화를 위한 규범으로 시행되고 있는 전략물자 수출통제 강화 추세에 적절히 대응하지 못할 경우, 우리 업체의 피해는 물론 국가 이미지에 심대한 타격을 받을 수 있으므로 우리나라도 정부·기업이 역할을 분담하는 방향으로 전략물자 수출통제 강화방안이 마련되었다. 본 고에서는 기업리스크 관리를 위한 전략물자 무역관리를 위해 한국무역협회에서 발간한‘알기 쉽게 풀어 쓴 전략물자 무역관리’내용을 발췌하여 연재한다.

• International Commerce and Information Review
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• v.14 no.4
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• pp.203-225
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• 2012

This paper investigates the difference of writing requirements between the UCC2. and the UN convention on international sales of goods (CISG). To do it, the U.S writing requirement by statute of frauds was introduced by two sources of laws including common law and UCC${\S}$2-201. Although the U.S. statute of frauds requires some contract to be written with formalities, the way the requirement is satisfied is quite flexible in terms of its formalities. The UCC is more flexible than the common law in its formalities. The CISG does not require the sales contract to be written with any format, which is totally different from the U.S statue of frauds. Such differences between the U.S laws and CISG in writing requirement were investigated in the context of conflicts of laws.

• International Commerce and Information Review
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• v.14 no.3
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• pp.453-479
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• 2012

The increase in international trade is clearly reflected by litigation and arbitration. Despite the importance of international commercial transaction, until very recently little was known about how the law interacts with actual practice. The CISG obviously plays an important role, but we are concerned with using choice of law to resolve issue that the CISG leaves unresolved. The case law UPICC is now accessible by means of UNILEX, the database on international case law that focus on CISG cases. The courts and arbitration tribunals throughout the world are developing a growing body of international case law on issues not resolved by the CISG, though arising from transactions to which the CISG applies. The application of the CISG is obligatory due to its nature as hard law an international convention. However, UPICC are only restatements and more flexibility, comprehensive instrument than CISG. This article offers to promote the UPICC application from their present status as a mere soft law instrument through analysing UNILEX cases.

• Journal of Legislation Research
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• no.55
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• pp.193-237
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• 2018

The recent surge in the ISD lawsuit filed against the Korean government is likely to cause major domestic confusion. This is because in most cases, foreign investors have claimed billions of won in damages filed against Korea in the ISD lawsuit. Public opinion will be generated to abolish the ISD lawsuit system, which is included in the international investment agreement, when a decision comes out in the Elliott/Mason case or Lone Star case, which has already been completed by the hearing. It is clear that the ISD clause, which is commonly included in most of the BITs, FTAs, can be a limiting factor in the government's public policy, as shown by many investment disputes. However, it is not necessary to have a negative view of the ISD clause itself, given that it is a system that can protect Korean investors from illegal and inappropriate actions by local governments. Since Korea already allows the system of ISD lawsuits with many countries through FTAs and BITs, and negotiations are underway to sign FTAs with new countries, the possibility that foreign investors will refer to the ISD proceeding further to our government's public policy will increase. In order to prepare for an ISD lawsuit, the Korean government has launched a response team consisting of government practitioners, private scholars, and legal professionals in the central government ministries to review major legal issues that are controversial in the cases of the ISD. In particular, local governments and public institutions, which fail to recognize the importance of international investment regulations and ISD clause, need to share and train relevant information so that all processes for public policy planning and implementation comply with international investment rules such as BITs and FTAs.

• Analyses & Alternatives
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• v.6 no.2
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• pp.37-78
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• 2022

The U.S.-led international order, sustained by overwhelming national power since the end of the Cold War, is gradually being restructured from a unipolar international system to a bipolar international system or a multipolar international system, coupled with the weakening of U.S. global leadership and the rise of regional powers. Geopolitically, discussions have been constantly raised about the security instability that the reshaping of the international order will bring about, given that East Asia is a region where the national interests of the United States and regional powers sharply overlap and conflict. This study aims to critically analyze whether security discussions in Korea are based on appropriate crisis assessment and evaluation. This paper points out that the security crisis theory emerging in Korea tends to arise due to threat exaggeration and emphasizes the need for objective evaluation and conceptualization of the nature and the level of threats that the restructured international order can pose to regional security. Based on the analysis of changes in conflict patterns (frequency and intensity), occurring in East Asia during the periods divided into a bipolar system (1950-1990), a unipolar system (1991-2008), and a multipolar system (2009-current), this study shows that East Asia has not been as vulnerable to power politics as other regions. This investigation emphasizes that the complexity of Korea's diplomatic and security burden, which are aggravated by the reorganization of the international order, do not necessarily have to be interpreted as a grave security threat. This is because escalating unnecessary security issues could reduce the diplomatic strategic space of the Republic of Korea.