• Title/Summary/Keyword: 변경무역

Search Result 45, Processing Time 0.02 seconds

동물약계

  • 한국동물약품협회
    • 동물약계
    • /
    • no.15
    • /
    • pp.5-6
    • /
    • 1994
  • 1. 수입자확인증 신규발급 2. 제조업허가 변경 3. 수입자확인증 변경 4. 94년 동물약사 법규집 발간 5. 품질관리 우수업체 적격판정 6. 항생물질제제 검정기준 개정 기초자료 송부 7. 생산판매실적 보고철저 안내 8. 동물용의약품 판매가격 및 변경자료 제출안내 9. 제품별 기재사항 철저 10. 종합무역정보통신써비스 이용안내 11. 제2회 서울시 수의사의 날 행사 참가안내 12. 사료첨가제 관련 공청회 안내 13. 94 수의사 임상강습회 안내 14. $\ulcorner$중소기업 고유업종$\lrcorner$운용에 관한 의견제출 15. 국가검정시 실험동물사용에 대한 자료제출 16. 시책설명회 개최 17. 임시이사회 개최 18. 감담회 개최 19. 가축질병 병성감정 실시기관 지정 20. 재해예방 대책 수립추진

  • PDF

A Study on The Korean Trade Remedy System under the FTA and the Negotiation of Trade Remedy in Korea-China FTA (FTA체제 하(下)에서의 한국의 무역구제제도 및 한·중FTA 무역구제 협상)

  • Kim, Yong-Duk;Kim, Su-Mi
    • International Area Studies Review
    • /
    • v.13 no.2
    • /
    • pp.573-600
    • /
    • 2009
  • Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.

A Comparative Study on Change Circumstances in International Commercial Contracts (무역계약상 사정변경에 관한 비교법적 고찰)

  • Oh, Hyon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.44
    • /
    • pp.57-84
    • /
    • 2009
  • This Study attempts to compare and analyze on Principle of Change Circumstances under th CISG, PICC and PECL which are covered international commercial contract. In many international commercial contract, time is very important because delays in performance are sanctioned heavily by substantial penalty clauses. When change in circumstances affects contract performance, the contract will often not be suspended or terminated. Therefore, principle of change circumstances is being prepared of fluidity of contract environment and its effect in general. Taking into consideration the problems relating to the renegotiation or adaptation in the cases of radical change of circumstances where the CISG applies, it is suggested that the contracting parties should make clear their intentions, that is, whether they will provide for the possibility of renegotiation where the price of goods has been altered by inserting a hardship clause or for the possibility of mutual discharge from liability in the cases of economic impossibility or hardship by inserting a force majeure clause. Such provision will be desirable especially in situations where there is a long term contract, the price of goods sold tends to fluctuate in the international commerce, or where especially in contracts subjected to arbitration, the parties subject their contract to legal sources or principles of supranational character. Therefore, this study has shown that the hardship provisions in the CISG, PICC and PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3 and PECL Article 6.111.

  • PDF

A Study on the Renegotiation and Adaptation of International Long Term Commercial Contracts: Focusing on the Contracts without the Renegotiating Clauses (국제장기상거래계약에서의 재협상 및 계약변경에 관한 연구: 원계약 상 관련 조항이 포함되지 않은 계약을 중심으로)

  • Joo‐Young Yoon
    • Korea Trade Review
    • /
    • v.45 no.5
    • /
    • pp.117-139
    • /
    • 2020
  • In case of international long-term transactions, there are various risks of economic change of circumstances including skyrocketing price increase and shortage of raw material, as well as force majeure in a general sense. Nevertheless, pretty many of international long-term commercial contracts do not include the provisions of renegotiation and adaptation of the contract. In this case, possibility of renegotiation and adaptation depends mainly on the applicable law. Namely, it may be possible or not, according to choice of law. The reason is that national laws have nuances each other, and most of national courts are traditionally reluctant to accept hardship. and also, provisions of international uniform law (CISG) has ambiguity and inflexibility in relation to the problems of change of circumstances. Accordingly, this paper analyzes comparatively the doctrines and provisions related to renegotiation and adaptation of contracts of the most representative countries such as England, U.S.A., France, Germany as well as provisions CISG and soft law such as PICC. By doing so, the author makes clear which laws of instruments is more flexible or acceptable in allowing renegotiation and adaptation of long-term commercial contracts, and emphasizes on the importance of inclusion of express terms by using other alternative supplementing clauses, as a best solution for settling the problems of legal uncertainty of contract in relation to renegotiation and adaptation.

A Study on the Analysis of Change Order - Claim in Design-Build (설계시공 일괄입찰공사에서 설계변경 클레임요인의 분석에 관한 연구)

  • Lee, Sang-Beom;Hwang, Jae-Woo
    • Proceedings of the Korean Institute Of Construction Engineering and Management
    • /
    • 2006.11a
    • /
    • pp.301-304
    • /
    • 2006
  • The insistence of rights and interests in contract is being generalized by opening in construction market which is following F.T.A, internationally. Conditions of contract in construction have different specialities compared with other industries. Different conditions of contract should be established because of a specific character that is different from each construction, such as work, environment, circumference conditions. Although the order of Turn-key is being expanded by increasing construction scale and demanding hybrid function, the suitable regulations of contract are not settled. As a result, various factors of claim is occurring in Change Order-Claim, because they just obey a part of guide-line. This study suggests useful solutions in detail concerned with the main factor of Change Order-Claim by each D/B phases through practical sorting and analysis of the causes of Change Order-Claim.

  • PDF

INTERCOMM 93 - 범 세계 지능망을 위한 인터 네트워킹

  • Pandurangan G.(Ramani)
    • Standardization Trend in Telecommunications
    • /
    • s.27
    • /
    • pp.202-210
    • /
    • 1993
  • 기업과 무역의 국제화는 시대에 부응하는 요구이며, 원활하고 특징있는 국제 전기통신 서비스의 욕구를 창출하였다. 다양한 국가와 지역의 상이한 환경과 요구조건은 각 국가에서 변경없이 그대로 적용할 수 있는 단일 표준개발을 허용하지 않는다. 조화를 이룬 표준과 완전한 기능의 국제적 관문(gate ways)이 종단대 종단(end-to-end)망 및 서비스 연결성을 제공하는데 결정적인 요소가 되며, 특히 국경을 초월하여 발전하는 세계적인 지능 통신망 서비스와 관련되었을 때 그러하다. 이러한 세계적인 인터네트워킹 서비스에 대한 잠재성은 해결을 요하는 표준 및 정책문제를 제기한다. 현재 많은 표준화 기구가 이러한 작업의 조화를 이루고 시장의 수요에 반응하려는 노력을 진행하고 있음을 알 수 있다.

  • PDF

동물약계

  • 한국동물약품협회
    • 동물약계
    • /
    • no.42
    • /
    • pp.2.2-3
    • /
    • 1997
  • [ $\cdot$ ]생물학적제제 제조기술 전수교육 $\cdot$가축전염병 발생 정보 $\cdot$97년 축협 사료첨가제 입찰 $\cdot$하계 무수의촌 봉사활동 결과 $\cdot$97년 구제역 방역훈련 실시 결과 $\cdot$생산$\cdot$판매관리 program 증보판(VPDP 3.0) 개발 $\cdot$KOTRA 해외무역관 영문편람 발송 $\cdot$협회 '가입금 및 경비 등에 관한 규정' 변경 $\cdot$동물약품협회 발간 책자 구입 안내

A Comparative Study on the Principles of Change Circumstances under the Contract for the International Sale of Goods (국제물품매매계약상 사정변경원칙의 적용에 관한 비교법적 검토)

  • Oh, Hyon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.51
    • /
    • pp.159-185
    • /
    • 2011
  • This paper is intended to discuss the controversial issue of the principles of change circumstances under the legal system of international commercial transactions. The principles of change circumstances, so called clausula rebus sic stantibus is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda (promises must be kept). The practical needs of international transactions differ from the established concepts of national contracts law. The purpose of this paper is to analyze the legal system and theories under the regimes of international commercial transactions such as the CISG, the PICC, and the PECL. Clausula rebus sic stantibus does not apply if the parties to a treaty had contemplated for the occurrence of the changed circumstance. It only relates to the changed circumstances that were never contemplated by the parties. This paper has shown that the hardship provisions in the CISG, PICC, PECL has similarities to each a validity defense and an excuse defense. it was provisions that CISG governs this issue in Article 79, PICC Article 6.2.1, 6.2.2, 6.2.3(in addition to Article 7.1.7), PECL Article 6.111(in addition to 8.108). It is time when we should reconsider its legal system with great interest in order to harmonize with the international standpoint. It will be the turning point of our viepoint under the international commercial transactions.

  • PDF

The Rules of law for the Hardship in the UNIDROIT Principles of International Commercial Contracts (국제상사계약에 관한 UNIDROIT원칙에 있어서 이행곤란(Hardship)의 법리)

  • Hong, Sung Kyu;Kim, Yong Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.57
    • /
    • pp.3-34
    • /
    • 2013
  • In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

  • PDF

A Study on the Duration of Cover in the Institute Cargo Clauses 2009 (2009년 협회적하약관상 보험기간에 관한 연구)

  • Shin, Gun Hoon;Lee, Byung Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.59
    • /
    • pp.81-112
    • /
    • 2013
  • This article intends to examine main features of revision in relation to the duration of cover in the Institute Cargo Clauses 2009 and the results of analysis are as followings. First, the cover, which had been "warehouse to warehouse", has been extended to what may be called "shelf to unloading". Thus the insurance attaches when the goods are first moved within the warehouse or place of storage at the named place for the purpose of immediate loading for the commencement of transit. Secondly, the new termination Clause 8.1.3 requires an election by the assured, or their employees, to use a vehicle or container, for storage other than in the ordinary course of transit. Thirdly, Clause 10.1, which deals with the assured's voluntary change of voyage, was amended to solve the problem that the words "held covered" could be misunderstood by an assured without specialist knowledge of English marine insurance law to be a guarantee of cover, even where cover would not be commercially available. Finally, Clause 10.2 is designed to solve the so-called "phantom ship problem", arising from the harsh decision in The Prestrioka. The new Clause 10.2 provides protection for an innocent assured in the situation of a phantom ship.

  • PDF