• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.181-226
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• 2008

The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.

• Cross-Cultural Studies
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• v.52
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• pp.165-194
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• 2018

Employing Fairclough's critical discourse analysis (CDA), the purpose of this study was to analyze linguistically significant features, intertextuality, and sociocultural practice focusing on selected editorials of The Global Times, $Hu{\acute{a}}nqi{\acute{u}}$ Shíbào on the 2018 United States-China Trade War. The editorial titled "With the strong will of 'the War to Resist America and Aid Chosun,' let us go through the trade war against America" focused on the use of 'war' related vocabulary in the frame of 'war.' First, "Trade War" and "War to Resist America and Aid Chosun" are examples that reveal metaphors and a war frame. Second, "Strategy" is used positively for China but negatively towards America. Third, various war related words are used. Fourth, cases of allusion illustrate war. Intertextuality in terms of discourse practice pertains to two findings. First, The Global Times, $Hu{\acute{a}}nqi{\acute{u}}$ Shíbào repeatedly uses the phrase 'equivalent revenge.' That is because the expression enables China to justify their counterattack and such war that China may wage can be interpreted as just counterattack much like a self-defense mechanism. Second, the expression, 'the counterattack is not intended but it is not fearful' is repeated in several editorials of the newspaper. The reasons are the following: 1) it is used to appeal to the public, 2) by invoking the feeling of fear, the public should be understand why they should unite, and 3) the expression, "it is not fearful" is used to preserve China's global image and "the counterattack is not intended" is used to signal China's will to America. The whole expression is a good example of intertextuality that repetitively illustrates the intended meaning of China in nine editorials in the newspaper within three months, March 23-June 17, 2018. Finally, sociocultural practice is manipulated through the editorial for disseminating the Chinese government's hegemonic ideology. First, it is clear that the core national project, "China Manufacturing 2025" cannot be abandoned. Second, by calling for "War to Resist America and Aid Chosun" the editorial is manipulated to condemn and intimidate America, avoid dissent of the people, appeal to the people, and empower the government. Third, China somehow wants to open up the possibility of negotiation with the United Sates.

• Journal of Korea Port Economic Association
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• v.29 no.4
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• pp.27-53
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• 2013

It is a generalized way for the chartering business to fix the laytime bars except rarely adapting the customary despatch of the cargo work in port. The way of customary despatch is usually accepted by the owners in case the port facilities and other relevant infrastructures are in the satisfactory level for the cargo work whereas the laytime bars to be widely incorporated in the chaterparty for almost all occasions for owners and charterers to bind each other in loading and discharging cargo in port. The main purpose of establishing laytime bars on the charterparty is to secure the right and duty for both parties of the owners and the charterers, and furthermore to make the vessel despatched quickly from the port, whereby the costs incidental to the loading and discharging in port to be saved as much as possible. and the minimized costs in port will contribute to the profits in all parties involved in loading and discharging cargo. The conditions and terms on the laytime bars are expressed variously in their kinds according to the types of the charterparty to be used. The owners and charterers or the ship operators, however, seems not to be so accustomed in lawful understanding on these terms and conditions, and therefrom lots of disputes are noticed practically in the business field. As a result, this study is focused to render the owners and charterers rather clear understanding on their meanings and effects in legal aspects, and the various English Law Cases are referred in order to achieve the purpose of this study.

• Archives of design research
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• v.17 no.4
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• pp.27-36
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• 2004

The protection of intellectual property right in international conventions are worldwide or regional areas already exists a century. Therefore, our country is positive affiliated with international conventions. After that time, such as a violation of international convention and an example of imitations are continually that we prognosticate the international trade market activities was difficult not only became an issue of country credit risk. At this point, the major purpose of this study make an analysis of both paralleled with the case study follow an example and the comprehension with concerned about recognition of intellectual property right. In additionally, it stands a plan of package design protections under the WTO systems. This study have carried out a theoretical and practical analysis of intellectual property right and statistical analysis through the inside and outside of the country packaging design study and a case study of troubles with intellectual property. Besides, it is accomplish the purpose of the study that established exploratory study survey about inside and outside of the country packaging design infringement case study and relative package design industry employees with consumptions real research. I hoped that this study will be a foundation on which packaging, design industry protections to intellectual property right.

• The Journal of the Korea Contents Association
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• v.21 no.4
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• pp.88-95
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• 2021

In Korea, which achieved economic growth due to export industries, the economic importance of the foreign port transportation industry is very great. The government took the initiative in fostering the foreign port transportation industry, and as a result, it developed into one of the top 10 foreign port transport countries in the world. However, due to the poor management of the small and medium-sized foreign port transport business and the trade dispute between countries, the foreign port transportation industry has faced a long-term invasion. Therefore, in order for these companies to recover again, they will, among other things, have to reorganize their operational inefficiency to carry out efficient production activities. In this study, we want to analyze the management efficiency of the top 10% companies in the unlisted domestic outbound shipping industry, present the project value of inefficient enterprises, and confirm the reference collection of companies that may be subject to benchmarking. For this purpose, a total of 10 foreign port transportation industry were analysed for efficiency and scale profitability (RTS) of the CCR and BCC models. The analysis showed that there were a total of six entities with BCC efficiency and five entities with CCR efficiency. In addition, there were a total of five entities with both BCC and CCR efficiency.

• Analyses & Alternatives
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• v.7 no.3
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• pp.27-59
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• 2023

This study aims to serve as a critical comparison of the currently controversial 'new cold war' discourse. It took three triggers for the 'new cold war' discourse to emerge as a major issue in the media and academia and to have real political impact. With the launch of China's 'Belt and Road' project and Russia's annexation of Crimea leading to the 'Ukraine crisis,' the 'new cold war' discourse has begun to take shape. Trump's U.S.-China trade spat has brought the 'new cold war' debate to the forefront. The 'new cold war' debate is currently being intensified by the Biden administration's framing of "democracy versus authoritarianism" and Putin's invasion of Ukraine. Currently, there is no consensus among scholars on whether the controversial 'new cold war' is a new version, or a continuation of the historically defined concept of the Cold War. The term 'New Cold War' is less of an analytical concept and more of a topical term that has yet to achieve analytical status, let alone a theoretical validation and systematization, and the related debate remains at the level of assertion or discourse. Through this comparative analysis, I will argue that the ongoing discourse of the 'New Cold War' does not have the instrumental explanatory power to analyze the transitional phenomena of the world order today.

• The Southeast Asian review
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• v.27 no.1
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• pp.163-191
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• 2017

This article aims to review the recent, especially focusing on the year of 2016, situations and prospects of the Vietnamese politics, economy, and international relations. Politically, Vietnam completed the election of members for the National Assembly and organized new leadership at the 12th National Congress of the Vietnamese Communist Party in 2016. One characteristic of the new leadership is that the politicians, especially the members of politburo, from the North continue to occupy the position of majority. The other one is that the new leadership promised to carry out the restructuring of economy toward industries producing higher value-added commodities even though Vietnam industries admittedly need to accelerate present industrialization and modernization as a developing country under the seemingly contradictory slogan of "the development of market economy for socialism." The declared goals of the new leadership in Vietnam are inevitable in a sense since the development of Vietnamese economy has been heavily dependent upon Foreign Direct Investment(FDI) taking advantage of Vietnamese cheap labor and simultaneously it is evident that its future is unsecure if it maintains status quo. In fact, the Vietnamese economy has impressively showed high growth rate by the help of foreign capitals since 1990s despite the repetitive recessions of global economy but its growth is not likely to be sustainable anymore if it will not reduce foreign dependency and social economic inequality in a long term. In a short run, global economic recession, the financial and monetary policies of global powers, and recent protectionism and uncertainty of trade agreements will be three crucial variables to affect Vietnamese economy. In terms of international relations, Vietnam is continuously expected to practise the policy of checks and balances among the powerful countries. Vietnam has seriously disputed with China on islands sovereignty in the South China Sea and attempted to maintain close relationship with other powerful countries including especially America. However, mainly due to the new protectionism by the regime of American president Donald Trump, the Vietnamese government also need to keep close relationship with China increasingly for both economic and diplomatic security. Under the circumstances, Vietnam is expected to maintain more practical and balanced international relations.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.203-234
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• 2019

The concept of denied boarding is defined in Article 2(j) of Regulation 261/2004 thus: "denied boarding means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation." So far as relevant to this case, to be entitled to compensation, if denied boarding, Article 3(2) provides a passenger must first come within the scope of the protection of the Regulation, which applies under the following conditions: "${\cdots}$.that passengers (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated, not later than 45 minutes before the published departure time." This paper reviews the EU Cases such as Rodríguez Cachafeiro v. Iberia [2012] Case C-321/11; Finnair Oyj v. Timy Lassooy [2012] Case C-22/11; Caldwell v. easyJet Airline Co. Ltd. [2015] ScotSC 64. ECJ and Sheriff court of Scotland held that the concept of denied boarding, within the meaning of Articles 2(j) and 4 of Regulation No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Also, ECJ ruled that Articles 2(j) and 4(3) must be interpreted as meaning that the occurrence of extraordinary circumstances resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.