• Korea Trade Review
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• v.48 no.4
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• pp.285-301
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• 2023

The growing impact of cross-border movement of information is increasing interest in information policy through digital trade agreements in major trading countries. Major trading partners are calling for the inclusion of their digital policies in trade agreements to strengthen market dominance and protect personal information. This study analyzes the meaning and disputed settlement cases of the WTO's public policy objectives and examines the tendency of stakeholders to standardize legitimate exceptions to public policy objectives in digital trade. The study also examines the desirable direction of digital trade standardization suitable for the changing international trade environment. There is still debate about the specific objectives that should be included and the extent to which they should be allowed to restrict trade, however this study finds that there is a growing consensus on the need for legitimate public policy objectives to be included in digital trade agreements. The study concludes that the desirable direction of digital trade standardization is to strike a balance between the need to protect legitimate public policy objectives and the need to liberalize digital trade. This balance will need to be adjusted as the international trade environment continues to change.

• Korea Trade Review
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• v.43 no.4
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• pp.111-130
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• 2018

In December 2015, the Paris Agreement was adopted to cope with global warming caused by greenhouse gas emission and to prevent the average temperature of the Earth from rising. Renewable energy sources have become important to address environmental problems such as rising sea levels, depletion of forests and fine dust. In order to grow renewable energy, government support is needed. However, excessive government support for the renewable energy industry could pose problems that include undermining fair competition and raising costs. The WTO already has heard cases involving renewable energy subsidies. This article focuses on subsidies and countervailing tariffs as well as examines WTO disputes related to renewable subsidies, and also analyze legal issues that are problematic in granting subsidies for the development of new renewable energy industries. In WTO dispute involving renewable energy subsidies, legal issues are SCM Agreement article 2 Specificity, article 3 (b) import substitution subsidy and GATT article 20. This paper proposes improvement measures such as the reintroduction of article 8 Non-Actionable Subsidies or special provisions on energy subsidy. In addition, it is necessary to clarify the interpretation of Article 3 of the subsidy agreement. However, excessive government subsidies can lead to trade friction, so the WTO rules should be improved in line with the WTO goals of environmental protection, equity in free trade, and sustainable development.

• Korea Trade Review
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• v.45 no.1
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• pp.173-201
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• 2020

As the US's trade deficit with China and China's manufacturing industry has risen rapidly, the US has begun to regulate trade items as part of China's checks. Four rounds of reprisal measures have greatly altered the trade structures of both countries. In particular, Korea, which is highly dependent on the US and China, has been directly affected by US-China trade disputes. The purpose of this study was to analyze the effects of US-China trade disputes on the stock price of Korean export firms by performing an event study. This study analyzed stock price fluctuations for 7 days before and after entry into forced [Please check] retaliatory tariffs on Korean exporters' export items subject to retaliatory tariffs. According to the analysis results, among companies that produce goods with major tariffs imposed on China by the US, such as electronic appliances, semiconductors, machinery, and automobiles, those producing electronics and semiconductor products were positively affected by the tariff incident. Secondly, among the companies producing steel, chemicals, and machinery, which the main tariffs imposed by the United States, companies producing steel and chemicals were negatively affected by the incident due to the stagnation of trade between China and the US. The results of this study suggest future trade policy directions for Korea and help to establish an export strategy for major industries.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.179-195
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• 2009

필리핀의 중재제도를 규정하고 있는 법령은 다음과 같다. 즉 필리핀 민법(법률 제386호), 중재법(법률 제876호), 대체분쟁해결법(법률 제9285호), 국제상거래중재에 관한 국제 연합 국제상거래법위원회(UNCITRAL) 표준법 및 건설산업중재에 관한 대통령령(제1008호)이다. 2004년의 대체적 분쟁해결 제도(ADR) 에 관련된 필리핀 의회의 입법은 필리핀의 중재 실무와 절차에 광범위한 변화를 가져 왔다. 또한 국제중재실무에서 필리핀에 많은 도움을 주었다. 다른 한편으로는 상당한 변화를 가진 UNCITRAL 표준법의 채택과 국내 중재를 관장하는 법률속에 표준법 조항을 편입함으로써 필리핀은 분쟁해결의 대체안으로써 정책 결정의 실행에 대한 중재법의 인식과 ADR법에 있어서의 정책조문의 검토로 보다 실질적인 중재제도가 정착되는 기반을 조성하게 되었다. 국내에서 수행하고 있는 국제적인 중재는 아직까지는 비교적 적다고 생각된다. 그러나 ADR법 내에 규정된 강력한 ADR찬성정책과 ADR에 관대하고 특히 중재에 호의적인 대법원의 친중재적 판결로 인해 향후 수년내에 필리핀과 주변국과의 무역이 크게 증대될 것으로 전망된다.

• The Journal of Aerospace Industry
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• s.70
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• pp.94-116
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• 2008

WTO는 범세계적 글로벌 경쟁상황에서 국가간 무역거래를 제한하고 자원배분을 왜곡하여 결과적으로 세계 후생의 감소를 가져오는 개별 국가들의 관세 및 각종 비관세장벽, 그리고 자원의 효율적 배분을 왜곡하는 각국 정부의 보조금 정책 시정을 위해 창설되었다. 항공기산업에 있어서 보조금 논쟁의 특징은 주로 선-선진국간 분쟁에 국한된다는 점에서 기존의 WTO에서 많은 갈등을 빚고 있는 선-후진국간의 분쟁과는 큰 차이가 있다. 한국이 주도적으로 대규모 개발사업을 추진하면서 정부보조금을 지급할 경우에는 장기적으로 보조금 분쟁에 휘말릴 가능성이 있다. 그러나 미국/유럽간 쌍무협정 체결 내용에서 보듯이 개발보조금 지급 비중이 전체 개발비의 33%이상이 되지 않을 경우는 큰 문제가 없을 것으로 예상되며, 추가적 지원이 필요할 경우에는 직접적 개발비 보다는 관련 지 원인프라 지원을 통해 특정성 문제를 회피할 필요가 있다. 또한 한국은 아직 WTO 민간 항공기 협정 미가입 상태이기 때문에 WTO로부터 당장 규제대상은 아니다. 실제로 WTO 회원 가입 절차는 WTO로부터 요청 후 국내 검토를 거쳐 예비회원가입(2년 소요)-정회원의 절차를 거치게 된다. 또한 보조금 지급에 의한 경쟁자의 산업 피해가 직접적으로 드러날 때까지는 더 많은 시간이 소요되기 때문에 실제로 WTO 제재를 받기까지는 상당한 시간을 확보할 수 있다. 그럼에도 불구하고 WTO 회원이 되면 항공기산업의 육성에 많은 제약이 따르므로 사전적으로 충분한 정부 지원을 통해 조속히 국제경쟁력을 키우는 전략이 필요한 것으로 보인다.

• Journal of Arbitration Studies
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• v.33 no.2
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• pp.109-137
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• 2023

This paper reviews legal framework, characteristics and main contents of the 'Optional Rules for the Arbitration of Disputes Relating to Outer Space Activity' enacted by the Permanent Court of Arbitration (PCA) in 2011. Space activities, which began in the 1950s, are undergoing significant changes according to the international characteristics and development of science and technology. New Space and the space business will be the key factors driving these changes. However, the diversity of disputes caused by New Space space activities and the characteristics of each type of dispute must be considered together. This is because the space business can be maintained and developed by securing the effectiveness of dispute resolution. This paper identifies that the PCA Space Dispute Arbitration Rules have important legislative and policy significance in this respect. Specifically, in this paper, the international space law system, the draft convention of the International Law Association, and the PCA arbitration rules were introduced in an overview of the international dispute settlement system related to space activities. Afterwards, it examines that the systematic structure and some major contents of the PCA Space Dispute Arbitration Rules in detail. Based on this, the paper suggests some points of application of the PCA Arbitration Rules and the legislative policy implications.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.71-89
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• 2008

International technology transfer(ITT) or technology trade is a very comprehensive term covering various mechanisms and channels for shifting technologies across borders. Thus, it refers to numerous complex processes, ranging from innovation and international marketing of technology to its absorption and imitation. It includes technology, trade, and investment. Markets for exchanging technologies are inherently subject to failure due to appropriability problems, spillovers, asymmetric information, and market power. Thus, there is strong justification for public intervention. Technology developers are interested in reducing the costs and uncertainty of making transfers, along with protecting their rights to profit from such transfers. On the other hand, technology importers are interested in acquiring knowledge at minimal costs, asking for restricting sharply the exclusive rights of foreign firms to exploit technology. The purpose of this paper is to review the characteristics, risks, legal issues and contractual check points of ITT, focusing on the avoidance of commercial disputes during the very complex processes of ITT.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.27 no.4
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• pp.83-95
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• 2019

In order to promote the domestic aircraft manufacturing industry, this study analyzed the limitations of the preceding study on the WTO dispute concerning civil aircraft by summarizing the latest developments and issues in the mid-range aircraft dispute between Brazil and Canada and the large civil aircraft dispute between the United States and the EU. Based on the results of the study, we should look closely at WTO regulations and existing cases of disputes to find maximum support measures, and we believe that in order to stimulate the domestic aircraft manufacturing industry, we should refrain from publicly specifying support measures in the data, such as laws and policies, utilize the WTO SCM Agreement exceptions, and strengthen links with international cooperation and other industries.

• 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.

• Korea Trade Review
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• v.43 no.4
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• pp.219-245
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• 2018

Recently Korea affected by the US and China trade wars, has been stagnant in the global trade market. However, the global e-commerce market is growing and emerging with new trade opportunity. The purpose of this study is to derive factors of the execution of cross border electronic commerce in the global e-commerce market and to grasp the effects of these factors on firm performance and ultimately to provide policy implications for export expansion. For this purpose, we conducted a literature review to derive the factors for firm performance in the global e-commerce market. Subsequently, conceptual research model and research hypotheses were estabilished, and empirical analysis was conducted through questionnaires. As a result of the empirical analysis, trust and ICT capability have a positive effect on firm performance, and the impact of trust on firm performance depends on the level of dispute settlement. However, ICT capability does not affect firm performance. This study differs from previous studies in that it considered global e-commerce from the perspective of the enterprise and examined factors for firm performance.