• Korea Trade Review
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• v.41 no.5
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• pp.213-233
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• 2016

In an FTA, rules of origin are decided by an agreement between countries directly involved and provided through a written agreement, considering the characteristics of each industry and the situations of the countries, for the characteristics of each item. The PSR on fishery products by item are broadly divided into an agreement that applies the wholly-obtained criterion and an agreement that applies the Change of Chapter (CC). Fishery products belong to HS Code Chapter 3, which are generally produced through obtaining by raising or fishing. This study compared each agreement from this point of view. For the fishery products caught, an error in the job-related judgment may occur in a situation in which the persons in charge do not have any background knowledge involved with high sea fisheries. Since ships may sail, hoisting the flag of the country of registration according to an international agreement, involved with requirements for the recognition of ships for the judgment of the country of origin, the principle of the exclusivity of the flag state should be taken into consideration.

• Industry Promotion Research
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• v.1 no.2
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• pp.129-136
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• 2016

South Korea and Mongolia are both the member countries of the World Trade Organization, but neither was the country with FTA. Nowadays, South Korea widely concludes the FTA with other countries, and the trade area has extended toward the neighboring continents and seas. Mongolia is a country with smallest economic entity but large in area and with abundant underground resources. And it's a main strategic zone of Eurasia. After the disintegration of the Soviet Union, Mongolia began to turn to market economy, and eagerly made effort to open and reform. With the expanse of trade and economy cooperation between South Korea and Mongolia, Mongolia started its sea road expanding. And the south Korea went to inland to get the necessary resources. Both of them feed its needs and obtain its profits.

• Journal of Korea Trade
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• v.23 no.3
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• pp.84-104
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• 2019

Purpose - This paper explains why free trade agreements (FTAs) are more popular than customs unions (CUs) in respect of tariff coordination. Design/methodology - This paper employs an equilibrium theory of trade agreements with tariff coordination. I set up three-country partial equilibrium model with competing exporters. Domestic and exporting firms decide their optimal production under given tariffs and each country levies its tariff under the trade agreements. I found stability of implicit tariff coordination and preference of each country between an FTA and a CU. Findings - I demonstrate that two FTA members can keep their external tariffs higher than separately decided external tariffs by keeping the status-quo. This implicit tariff coordination can benefit each member through trade diversion. In a CU, each member country must have a common optimal external tariff and it must incur costs because each country may seek different external tariffs for their own national welfare. The benefit of implicit coordination in an FTA and the cost of explicit coordination in a CU account for the popularity of the FTA. Originality/value - This paper uses the idea of implicit tariff coordination in trade agreements. In a CU, tariff coordination is explicit and mandatory. All member countries must have a single common external tariff for each good. On the other hand, in an FTA, each country establishes its external tariff with the goal of maximizing its own welfare. However, each country can also coordinate "implicitly" by keeping the status-quo after establishing an FTA.

• The Journal of Fisheries Business Administration
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• v.30 no.1
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• pp.97-118
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• 1999

This study discussed the international reorganization of fisheries in the East China Sea and the Yellow Sea, for the cases of Korea, China and Japan, through the fishery competition and the division of sea areas and resources. In these sea areas, each country has done mutual operation, which causes the fishery competition and controls fishery development. Besides, Exclusive Economic Zon(EEZ) established in 1996 resulted in the prominent changes of fishery development as well as fishery relationship among each country, demands reorganization of fisheries. New fishery order in these sea areas is controlled by BEZ system. The fishery reorganization according to EEZ is a common issue of each country and it also includes the importance of mutual fishery agreement. Resources of fisheries could be used continuously under reasonable management. Each country should consider the stability and existence of fisheries in the international viewpoint. At this point of time, those should be considered such as adjustment of interests according to the division of sea areas, establishment of resource management system and insurance of fishery management, for the subject of fishery reorganization.

• The Journal of Fisheries Business Administration
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• v.27 no.2
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• pp.1-25
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• 1996

The paper tries to review the structure, functions and responsibilities of International Fisheries Bodies including the Indo-Pacific Fisheries Commission(IPFC), which was changed to Asia-Pacific Fisheries Commission(APFIC) by the amendments of the Agreement on 1993. In addition to this review it tries to find out the current issues of international fisheries in the Asia-Pacific m It also tries to find ways and means for our country to manage such kind of international fisheries issues in that area. Finally, it tries to propose ways how our country strengthen its activities in International Fisheries Bodies and impact on establishment of internationl fisheries policies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.43-67
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• 2018

Arbitration is one of alternative dispute resolution systems which settle a dispute by arbitrators(private persons) based on a contract between contracting parties without a judicial litigation system involved. As a valid arbitration agreement is an essential requirement for commencement of arbitration, the first thing to be determined is whether there is a valid arbitration agreement or not when a dispute is submitted. A consumer arbitration agreement usually exists as an arbitration clause in an adhesive contract between consumers and a seller. When consumers buy a product from a seller, they are requested to agree on a general terms and conditions which are unilaterally drafted by a seller in advance. These terms and conditions are not negotiable because it is an adhesive contract and consumers are placed in "take-it-or-leave-it" position. Therefore, even though there is an arbitration agreement between consumers and a seller, it has to be carefully considered whether it has a legal effect or not. In this respect, a court will examine if an arbitration agreement has procedural unconscionability and substantive unconscionability. Therefore, as U.S is a well-advanced and arbitration-friendly country, this paper analyzes four U.S cases to find out (i) what a court considers, (ii) how a court examines and interprets procedural and substantive unconscionability and (iii) if there has been a change in regard to a court's decision. By doing so, it will provide some suggestions and guidelines for a consumer arbitration in Korea.

• Journal of Arbitration Studies
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• v.15 no.2
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• pp.197-224
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• 2005

The purpose of this paper is to make research on the party's autonomy principle and the applicable law to the arbitration agreement, the applicable law to the validity of the arbitration agreement, the applicable law to the arbitrability of the arbitration agreement, the applicable law to the contracting ability of the arbitration agreement, and the applicable law to the method of the arbitration agreement. If no choice of law is made by the parties with respect to the arbitration agreement-which is the stand situation-the validity of the agreement may have to decided under its proper law, or under the law of the place of arbitration, or the law of the place of enforcement. If the subject matter is not arbitrable, the arbitration agreement remains without effect. The rules determining arbitrability may differ from one country to another, from one legal system to another. If a party is lacking capacity to enter into an arbitration agreement, the recognition and enforcement of the arbitral award may be refused at the request of the party against whom it is invoked. This principle is laid down in the New Yark Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The validity of an arbitration agreement sometimes also depends on the form in which it is made. Article II. 2 of the New York Convention states that the term 'agreement in writing' shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties of contained in exchange of letters or telegrams.

• Journal of Korea Technology Innovation Society
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• v.18 no.1
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• pp.126-150
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• 2015

Korea's experiences in the use and development of nuclear energy are recognized as a successful model as a developing country in the international nuclear community. With these experiences, Korea is able to contribute to the progress of Korean nuclear industry and international society as a nuclear advanced country. This paper reviews and analyzes the current situation and major issues in securing the international legal status of RCA Regional Office hosted by Korean Government since 2002. In this connection, major political environments and relevant issues in facilitating the revision of RCA Agreement and securing legal status of the RCARO are also investigated. It is essential to amend the 1987 RCA Agreement or to conclude the its supplementary agreement for the securing of the international legal status of RCA Regional Office at the RCA policy meeting prior to extension of the agreement in 2017 and after. It is recommended for the Korean Government to establish and operate the inter-ministry governmental task force teams to facilitate and support the required actions in the national and diplomatic actions in the regional level for the sustainable development of the RCA and RCA Regional Office.

• Journal of Korea Trade
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• v.25 no.7
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• pp.108-121
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• 2021

Purpose - This paper studies whether the CISG is applicable to the arbitration agreement when the validity of the arbitration agreement becomes an issue. To make the study clear, it limits the cases assuming that the governing law of the main contract is the CISG and the arbitration agreement is inserted in the main contract as a clause. Also, this paper discusses only substantive and formal validity of the arbitration agreement because the CISG does not cover the questions of the parties' capacity and arbitrability of the dispute. Design/methodology - This paper is based on scholarly writings and cases focusing on the principle of party autonomy, formation of contract and the doctrine of separability to discuss characteristic of arbitration agreement. In analyzing the cases, it concentrates on the facts and reasonings that show how the relative regulations and rules are interpreted and applied. Findings - The findings of this paper are; regarding substantive validity of arbitration agreement, the courts and arbitral tribunals consider general principles of law for the contract and the governing law for the main contract. In relation to formal validity of arbitration agreement, the law at the seat of arbitration or the law of the enforcing country are considered as the governing law in preference to the CISG because of the recognition and enforcement issues. Originality/value - This paper attempts to find the correlation between the CISG and the arbitration agreement. It studies scholars' writing and cases which have meaningful implication on this issue. By doing so, it can provide contracting parties and practitioners with some practical guidelines about the governing law for the arbitration agreement. Furthermore, it can help them to reduce unpredictability that they may confront regarding this issue in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.221-241
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• 2013

Country of origin is very important in terms of consumers right to know, protection of producer, national finance and tariff preference etc. The principal issues related to country of origin are breaches of origin mark, determination of origin of OEM products, domestic products using imported raw materials, exports products, and fairness of penalties. This study focus origin mark issues on key components and set products which have not been treated so far. First, Origin mark issues on key components need to introduce multiple countries of origin for the same products. Some specific products, which are considered important key components or materials, has to mark multiple country of origin in terms of portion and significance. Next, Origin mark issues on set products need to expand the objects from 15 listed items of Korea Foreign Trade Act to all items of HS tariff schedules of Korea Customs Act. A set products which below 15% of components can mark single country of origin like FTA agreement such as Korea-EU FTA, Korea-EFTA, Korea-US FTA and Korea-Peru FTA.