• International Commerce and Information Review
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• v.2 no.2
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• pp.69-95
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• 2000

무역거래의 패턴이 최근 크게 변화하고 있는데, 기존 무역거래방식에서 인터넷무역방식으로 그 비중이 확대되면서 인터넷 무역거래알선사이트에 관한 관심과 활용도가 점차 높아지고 있으며 특히 무역거래알선사이트의 구축 및 운영은 국내외의 무역 유관기관과 지방자치 단체, 대기업 종합무역상사 및 개별기업을 중심으로 활발히 진행되고 있다. 이에 실제 우리 나라 무역업체들의 사이트 이용 및 현황과 이용만족도 조사를 위해 설문조사를 한 결과, 현재까지 무역업체들이 가장 선호하는 사이트는 무역 유관기관이 운영하는 사이트들이다. 또한 실제 무역거래알선사이트를 이용한 결과와 관련하여 거래알선사이트 제공서비스에 대한 만족은 대상 업체 중 불과 17.9%의 낮은 수준으로서 이렇듯 낮은 만족도를 보이는데는 다음과 같은 문제점들이 있었다. 즉, 정보 인프라 측면에서의 관련정책의 분산, 보안 인프라의 우려, 오프라인 상의 결제 및 세금문제, 인터넷무역 관련 국제협력문제 등을 들 수 있으며, 무역업체의 측면에서는 전문인력의 부족, 최고경영자의 정보화 인프라에 대한 마인드 부족과 업체내의 웹 기반 환경 구축 미흡 등을 들 수 있다. 이상의 문제점들을 개선하기 위한 활성화방안을 살펴보면 첫째, 거래정보 보호기술의 육성 둘째, 무역거래알선사이트의 적극적인 국내외 홍보 셋째, 무역거래알선사이트 관련 분쟁 신용조회 등의 통합관리 넷째, 사이트관련 온라인과 오프라인상의 제반환경 개선 및 국제거래 규약 개선 다섯째, 무역거래알선시스템의 효율성제고를 위한 전문인력 양성 및 교육훈련 강화 등이 절실히 요망되고 있다.

• Journal of Arbitration Studies
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• v.25 no.1
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• pp.65-86
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• 2015

Under current international investment law clear criteria to determine standards of indirect expropriation are absent. Arbitral tribunals determine on a case-by-case whether an indirect expropriation has occurred by conducting a fact-based inquiry. However, three common determination standards can be inferred by analyzing prior arbitration cases. The appropriate analytical framework that can be applied to determine whether a state's measure constitutes an indirect expropriation is as follows. i) the degree of economic invasion of the state's action into the foreign investor's property rights and durability of the period, ii) interference with the foreign investor's distinct and reasonable investment-backed expectations, and iii) the nature, purpose and character of the state's measure. Therefore, it is necessary to fully acknowledge and to utilize strategically this determination standard. However, derived standards cannot be applied to all disputes en masse. So, it is desirable to exclude ambiguity and to clearly define the determination standard of indirect expropriation in investment agreements, since arbitral tribunals can apply different determination standards on a case-by-case basis. And, based on the discussions until now, more developed standards and direction in response to demand should be established through consistent analysis and review of precedents related to indirect expropriation. Lastly, This study is expected to be a useful guideline to prepare a necessary countermeasure to prevent dispute related to indirect expropriation beforehand or in case of dispute occurrence.

• The Journal of the Convergence on Culture Technology
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• v.6 no.4
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• pp.209-217
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• 2020

North Korea has steadily implemented defense reforms to strengthen its national defense capabilities, and in particular, has made military technology development and military industrial capability strengthening as the focus of national defense reform. North Korea's defense reform ultimately aimed at securing nuclear posture, and as technical achievements accumulated in the Kim Jung-Un era, it led to the development of military strength such as hydrogen bombs and ICBM/SLBM. Having secured nuclear capability, North Korea is also pursuing a symmetricality in the conventional military strength by securing a strategic advantage by pursuing the modernization of the conventional weapon systems through defense reform again. Up to now, North Korea's defense reform has succeeded in establishing a new ruling system for Kim Jung-Un and creating a driving force for negotiations with the United States.

• Journal of Arbitration Studies
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• v.31 no.1
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• pp.3-22
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• 2021

This article examines the Challenge through Annulment of ICSID Arbitral Awards. Either party may request annulment of the award by applying in writing addressed to the ICSID Secretary-General on one or more of the grounds under Article 52 of the ICSID Convention. The annulment proceedings must focus on the award itself. Because committees have no inherent supremacy over the arbitral tribunal, they should not review the tribunal's findings on evidence, damage, interest, and cost findings. Otherwise, the parties would have, in effect, two opportunities, and that will almost certainly weaken the reliability of the entire ICSID system. In short, because of the limited scope of review under ICSID annulment and because annulment is not an opportunity for the parties to re-try the case, committees should not allow new arguments or new evidence. Since an annulment committee is not a court of appeals, it cannot create a new res judicata. Committees can only decide not to annul an award, thus confirming the existing res judicata or annul the award, in which case the affected decision ceases to be res judicata. An obvious annulment decision stipulating which particular findings of the award remain res judicata should prevent any uncertainty in resubmission proceedings.

• Korea Trade Review
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• v.42 no.2
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• pp.29-52
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• 2017

This research employed a comparative legal analysis to explore the rules of CISG, Incoterms 2010, Chinese Contract Law, and Korean Civil Act with precedent researches and present customs in the international sale of goods. The results of this study show that there are some differences in the provisions of seller's delivery obligation to those regulations, such as the time and place of delivery goods, the conformity of goods on the contract, and delivery of documents. Therefore, the parties of contract, especially between Korean and Chinese traders, must be aware of the differences in the provisions of those selected regulations in order to reduce disputes between them, out of or in relation to or in connection with their sales contract.

• Journal of Arbitration Studies
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• v.34 no.2
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• pp.27-44
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• 2024

The lack of consistency and predictability of arbitral awards in the Investor-State Dispute Settlement ("ISDS") mechanism has long been a subject of criticism. In international investment disputes, arbitral tribunals have frequently come up with different interpretations and results on similar investment agreement provisions. The arbitral tribunal's inconsistent decisions raised concerns not only among the parties to the investment dispute but also amongthe arbitral tribunals in other cases, which ultimately led to legal inconsistencies in international investment law. Arbitration awards may have some degree of disagreement in interpretation. However, the systemic inconsistencies that pervade ISDS risk undermining the purpose of the investment agreement system, which is to provide a predictable and stable framework to protect andpromote foreign investment while maintaining a balance with host state regulations. Therefore, this study proposes a plan to resolve this discrepancy and review standards for practical application. Reform of the ISDS mechanism could be a viable option to reduce, to some extent, the inconsistencies in interpretation, if not completely eliminate them. Reforms such as establishingguidelines, promoting cooperation between arbitral tribunals, and codifying the norms of the agreement can provide a means of reducing interpretive inconsistencies and strengthening the legitimacy of the ISDS mechanism. Reforming the ISDS mechanism will require all stakeholders to carefully consider the issues and the scope, nature, and feasibility of eachpotential reform.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.219-246
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• 2017

Nuclear issue is a good example showing globalization of the international regime. The history showed nuclear weapons may cause the extinction of human races when the first nuclear bombs fell down to Japan in August, 1945 and people became increasingly eager to achieve peace. Military buildup for national security is a matter of existence in the international society. However, disarmament or arms control to secure international peace and safety which is also the purpose of the Charter of the United Nations may be the most important task for us to realize peace of the mankind. Today, disarmament, together with amicable settlement of international conflicts and collective security system, is an important means to maintain and promote international peace and safety. It might be our permanent task to realize complete disarmament but, as the Preamble of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) expressed general and complete disarmament, the international society has clarified its effort for complete disarmament. Thus, taking a look into the international regime on the nuclear issue and progress related to the nuclear issue in North Korea, the study was intended to introduce the globalization of the nuclear issue, review the international effort for nuclear disarmament based on the concept of the 'common heritage of the mankind' and with respect to the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and controls over nuclear weapons, and then evaluate the North Korean nuclear issue, which is in direct relation with South Korea and international laws, in terms of the space law and disarmament acts. The collective security system along with policies to prevent dissemination of nuclear weapons should also be emphasized and implemented to cope with the North Korean nuclear issue.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.207-244
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• 2015

Aviation safety is the stage in which the risk of harm to persons or of property damage is reduced to, and maintained at or below, an acceptable level through a continuing process of hazard identification and risk management. Many accidents and incidents have been taking place since 2014, while there had been relatively safer skies before 2014. International civil aviation community has been exerting great efforts to deal with these emerging issues, thus enhancing and ensuring safety throughout the world over the years. The Preamble of the Chicago Convention emphasizes safety and order of international air transport, and so many Articles in the Convention are related to the safety. Furthermore, most of the Annexes to the Convention are International Standards and Recommended Practices pertaining to the safety. In particular, Annex 19, which was promulgated in Nov. 2013, dealing with safety management system. ICAO, as law-making body, has Air Navigation Commission, Council, Assembly to deliberate and make decisions regarding safety issues. It is also implementing USOAP and USAP to supervise safety functions of member States. After MH 370 disappeared in 2014, ICAO is developing Global Tracking System whereby there should be no loophole in tracking the location of aircraft anywhere in world with the information provided by many stakeholders concerned. MH 17 accident drove ICAO to install web-based repository where information relating to the operation in conflict zones is provided and shared. In addition, ICAO has been initiating various solutions to emerging issues such as ebola outbreak and operation under extreme meteorological conditions. Considering the necessity of protection and sharing of safety data and information to enhance safety level, ICAO is now suggesting enhanced provisions to do so, and getting feedback from member States. It has been observed that ICAO has been approaching issues towards problem-solving from four different dimensions. First regarding time, it analyses past experiences and best practices, and make solutions in short, mid and long terms. Second, from space perspective, ICAO covers States, region and the world as a whole. Third, regarding stakeholders it consults with and hear from as many entities as it could, including airlines, airports, community, consumers, manufacturers, air traffic control centers, air navigation service providers, industry and insurers. Last not but least, in terms of regulatory changes, it identifies best practices, guidance materials and provisions which could become standards and recommended practices.

• International Commerce and Information Review
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• v.13 no.3
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• pp.353-375
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• 2011

Export control was first triggered by international export control system at US led COCOM in 1949. Numerous international efforts such as NPT in 1969, ZC in 1970, NSG in 1978, AG in 1985, MTCR in 1987, Wassenaar Arrangement(WA) establishment in 1995 with 1990's the fall of the Berlin Wall, have been made since. The concept of export control has been changed from weaponry and parts export control to preventing or blocking weaponry, respective goods and relevant technology from the hand of troubled regions and non-state actors as terrorist groups; and the new concept is described as Nonproliferation Control. Extent of control items is not only limited to conventional weaponry, but also includes weapons of mass destruction(WMD) and even dual use items which can be used for production, development, usage or storage. Control items include all items defined by NSG, MTCR, AG, WA, and CMC-Opec. The 9.11 terror had a strong influence on international society. Effort to prevent WMD proliferation has now become the most important issue for international security. This study aims to suggest improvement points for nonproliferation law and its effective implementation, based on problem and limitation identification along with analysis of nonproliferation law and implementation examples by type. Furthermore for the purpose of national and global security, export control system on strategic items which are considered to be a key issue in South and North Korea relationship needs to be effectively managed. Recently, North Korea's missile and nuclear tests have been criticized globally; and the global society including respective countries as China and South Korea is striving to urge export control in line with the UN resolution.

• Environmental and Resource Economics Review
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• v.13 no.3
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• pp.519-547
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• 2004

This paper analyze problems about scope of specific trade obligations(STOs), principle of dispute settlement procedure, and non-parties in context of the Cartagena Protocol on Biosafety(POB), which based on sub-paragraph 31(i) of DDA WTO Ministrial Declaration. The implications based on result of this study are as follows. First, to accept the wider scope of STOs under POB in Korea, importing country, won't be harmful to LMOs and Bioindustry. Instead, it will ensure a high level of biosafety concerning the import of LMOs. Exporters can take different kinds of trade measures to countervail adverse effect on the export of LMOs in this case. Therefore importer will endure the aftereffect. However, if korea were in exporter's place, to accept the wider scope STOs under POB will not have a good influence on the export of LMOs. Korea, therefore, should devise scheme for responding to debate about the STOs in MEAs, which have to be based on cost-benefit analysis and scenarios taking into account of speed and level in biotechology progress, status and trend of LMOs R&D and production, and condition of other industries. Second, it is not easy to agree with applying to what's rule between the POB and WTO for settlement dispute. Because there is the incompatibility between the POB characterized according to social rationality and WTO's rules for safety and environmental protection characterized according to scientific rationality. This issue have to be discussed for long period due to gap like that. Accordingly Korea, one of major LMOs importing countries, should suggest continuously that the effort is needed to ensure an adequate level of protection in transboundary movements of LMOs and scientific, environmental and socio-economic study. Third, in case of dispute between party and non-party of the POB, the duties under the WTO of non-party of the POB(if WTO member country) is valid. The country, therefore, will try to settle dispute based on WTO's rules. However, international society have to ensure for sound and safe use of LMOs in the field of transboundary movements. Accordingly Korea should devise scheme for preventing the possibility of dispute between party and non-party of the POB(if WTO member country), which is supported by policy options under the POB.