• The Journal of Asian Finance, Economics and Business
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• v.9 no.3
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• pp.43-51
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• 2022

This paper examines the main factors affecting the bank performance under the Basel II implementation in Vietnam, a transitional economy in Asia. We pay special attention to the implementation duration of the Basel II convention and how it affects profitability. Thereby, we can evaluate the effectiveness of Basel II in the whole system according to the roadmap to 2020. We employ the panel data regression method to analyze a sample of 300 bank-year observations from 25 commercial banks during the 2008-2019 period. Our empirical findings show that the size of the bank, net interest margin, state ownership, and Basel II convention have positive effects on bank profitability. However, our empirical findings indicate that bank age and branch number negatively reduce bank performance. Finally, our results indicate that commercial banks earn extra profit from delaying the implementation of Basel II. However, commercial banks will encounter higher credit, and operational risks arising from delaying the implementation of Basel II standards. Therefore, our study contributes to the insights into the bank's management to enhance profitability, especially after implementing Basel II in a transitional economy. Finally, our study also provides policy implications for bank managers and banking supervisory to maintain the sustainable development of the banking system.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.1-23
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• 2013

Form requirements particularly for arbitration clauses are widely perceived as an obstacle for efficiently resolving disputes on an international level. The paper discusses the recent suggestion that the freedom of form principle under Art. 11 CISG extended to arbitration, forum selection, or choice of law clauses in international sales contracts and thus superseded any and all formal requirements in this regard. After analysing national and international form requirements with regard to said clauses, the authors elaborate that while dispute clauses are indeed encompassed by the CISG's scope of application, freedom of form under the CISG was neither intended to nor should it apply to dispute clauses. This result is further confirmed by the interplay of the CISG with other international conventions, first and foremost the 1958 New York Convention, as well as a careful analysis of the so called most-favourable-law-approach.

• Journal of Korea Society of Waste Management
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• v.35 no.8
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• pp.692-700
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• 2018

In this study, the results of PBDEs and HBCDs of the products and waste that contain BFRs such as domestic electronic products, automobiles and textile products were compared with international management standards, and their excess rates were calculated. Deca-BDE was detected among the PBDEs in TV rear cover plastics, car seats, automotive interior plastics, and automobile shredding residues of products and waste containing BFRs. The comparison with Basel Convention management standards (1,000 mg/kg) for PBDE-containing wastes (4 types in total) shows that the excess rate of all samples was less than 1.5%. The estimated excess rate compared to the EU and Basel convention management standards (1,000 mg/kg) for PBDEs (4 species + deca-BDE) and TV rear cover plastics was 37.5% (30 of 80 samples exceeded the standards). The estimated excess rate compared to the Basel convention management standards (1,000 mg/kg) for HBCD, building materials products and waste was 15.7% (17 of 108 samples exceeded the standards). In the case of PBDEs, it is necessary to remove only the rear cover of CRT TV among the electric and electronic products and treat it in the flame retardant treatment facility to improve the recycling collection system. In the case of HBCD, it is necessary to appropriately dispose of the recycled materials, heat insulation materials, TV plastics, and styrofoam in marine fishery among construction materials and restrict the use as recycled raw materials.

• International Commerce and Information Review
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• v.11 no.1
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• pp.379-403
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• 2009

The Purpose of this study is to research the problems of trade restriction for an environment protection. Environmental regulation relate to trade are Convention on International Trade in Endangered Species of Wild Fauna & Flora, Montreal Protocol on Substances that Deplete the Ozone Layer, Kyoto Protocol to the UN Framework Convention on Climate Change, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes & Their Disposal, Cartagena Protocol on Biosafty and WTO Agreement. Regulatory action for environmental protection has economics instrument, command & control, liablity, damage compensation, voluntary agreement. In the case of our country, impact of regulatory action for environmental protection is low. Because is recognized position of developing country yet. For in the balance rules of trade and enviroment, First must satisfy WTO's basic principles and principle of quantitative restrictions prohibition, Second, operation of protection action must reasonable and objective standards Third, must satisfy GATT article 20 (b) clause and (g) protestation each essential factor To grow for environment advanced country, we should do i) using of FTA ii) international cooperation strengthening for developing country position iii) construction of environment information network

• Journal of Environmental Policy
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• v.3 no.2
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• pp.113-137
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• 2004

The objective of this study is to introduce the definitions and classification methods of wastes in international agreements and legislations, examine the concept of wastes and their classification systems in Korea, and finally analyze and compare the concept of wastes in different countries for finding better solutions and suggestions. The study summarizes the concept of wastes as introduced in the Basel Convention, OECD, EU, US, and UK. First, each of the member countries adapt to the same concepts of wastes as defined in their international agreements; second, the intention of the wastes holder and the conditions of the wastes are considered at the same time when defining the concepts. Upon close examination of the classification of wastes systems as introduced in the Basel Convention, OECD, EU, US, and UK, the wastes are classified into toxic and non-toxic wastes according to the existence of poisonous substances. Therefore, it is classified as a toxic waste when any toxic substance on its list is included in the waste, while others are considered as a non-toxic waste if they don't contain poisonous substances. Secondly, in the UK, the matter of toxic or non-toxic wastes are classified, not according to the existence of the poisonous substances, but based on the generation of sources. In Korea, the concepts of wastes are divided into the two categories - a concept as defined in actual legislations and a concept in its translation. The Korean classification of the wastes include Wastes Management Act, amended in 1995, which stipulates that toxic substances should be managed in a special way as the designated wastes. It appears that the Act utilizes the classification method that classifies the wastes according to the existence of poisonous substance. Korea's concepts of wastes should be changed after recognition of the concepts in international agreement (Basel Convention, EU) and other foreign laws(US, UK) that consider subjective and objective standards at the same time when they define the concepts. Also, the development of technology in recycling and reuse of the wastes can remove the current absolute notion of the wastes so that it also should not be passed over. Also, because a classification structure of wastes has a close relationship with a disposal structure, its classification system should be fixed gradually to come up with the development of wastes disposal technology and its policy.

• Proceedings of KOSOMES biannual meeting
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• 2006.11a
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• pp.221-237
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• 2006

Domestic laws such as Korea Marine Pollution Prevention Law which has been made and amended according to the conclusions and amendments of various international conventions, especially by MARPOL 73/78, were reviewed and compared with major contents of international conventions, and several alternative measures for legislating new laws or amending existing laws such as Korea Marine Pollution Prevention Law in accordance with new contents and recent amendments of existing and new international conventions were proposed. Annex VI of MARPOL 73/78 has been recently accepted in Korea Marine Pollution Prevention Law which should be applied to ships which are the moving point sources of air pollution at Sea rather than in Korea Air Environment Conservation Law which should be applied to automobiles and industrial installations which are the line and/or point sources of air pollution in land. International Convention for Ship's Ballast Water/Sediment Management should be accepted in Korea Marine Pollution Prevention Law or by a new law in order to prevent domes marine ecosystem and costal environment from the invasion of harmful exotic species through the discharge of ship's ballast water. International Convention for the Control of Harmful Anti-Fouling Systems on the Ships should be accepted in Korea Marine Pollution Prevention Law which should be applied to ships which are navigating in open sea and coastal waters rather than in Korea Noxious Chemicals Management Law. Basel Convention which shall regulate and prohibit inter-nations movements of noxious chemical substances should be accepted in Korea Marine Pollution Prevention Law in order to prevent the movement and transfer of scrap-purpose tanker ships containing bilge water of oil/water mixtures and chemicals remained on board from advanced countries to developing and/or underdeveloped countries and to conserve global marine environment after all.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.615-641
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• 1999

Trade and the environment emerged as a major and complex issue for trade negotiators in the final stages of the Uruguay Round negotiations. The agreements and other international measures employing trade measures and trade sanctions for achieving global environmental objectives are Vienna Convention on the Protection of the Ozone Layer(1985), the Montreal Protocol on Substances that deplete the Ozone Layer(1987), The Framework Convention on Climate Change(1992), the Convention on Biological Diversity(1992), the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal(1992), the Convention on International Trade in Endangered Species of Wild Faunna and Flora(1975), the Rio Declaration, the Agenda 21, etc. The texts of the World Trade Organization(WTO) incorporated certain provisions which were designed to reflect some of the environmental concerns are Trade-Related Aspects of Intellectual Properity Rights(TRIPs), Trade-Related Investment Measures (TRIMs), the General Agreement on Trade in Services(GATS), and Technical Barriers to Trade(TBT) There is the possibility of conflict between multilateral environmental agreements and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility, especially between countries which are Member of WTO and which are not Members of the relevant multilateral environment agreements, and countries which are Members of both the WTO and the relevant MEAs. Measures taken under the trade-related provisions of MEAs could potentially give rise to conflicts under obligations arising in WTO texts. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms and vice versa. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority. However, such measures should neither constitute a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Also any trade measures taken should be necessary to prevent developments in trade from endangering the effectiveness of an MEA and they should be proportional and least trade restrictive.

• Proceedings of KOSOMES biannual meeting
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• 2008.05a
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• pp.11-17
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• 2008

As of Jan. 2006, numbers of korean registered ocean-going vessels reached 546 which amounted to 13,716,733 G/T. Vessels, generally spooking, finish her life cycle and are dismantled or recycled. However, most of these activities have been done in undeveloped countries instead of in developed countries as the environmental restrictions in developed countries get more strict, accordingly international bodies adopted shipbreaking-related guidelines and prohibit transboundary of obsolete ships, taken as one of wastes. The authors made the Working Guidelines on Shipbreaking to cope with substandard working environment and reduce the environmental damage, and came up with a method to make a inventory of hazardous materials for effective control, finally framed a draft of Environmentally Sound Ship Recycling examining related international conventions such as Basel Convention, IMO Guideline, ILO Guideline and IMO new Convention(draft) on shipbreaking and recycling.

• Proceedings of KOSOMES biannual meeting
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• 2007.11a
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• pp.69-75
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• 2007

Guidelines on ship recycling are adopted internationally. UNEP adopted 'Basel Convention', providing Environmentally Sound Management(ESM) of facilities and recommendations. IMO adopted 'Guidelines on Ship Recycling', providing measures for worker's safety, how to control pollutant materials and the meaning of 'Green Passport'. IMO Convention (draft) is in progress. ILO adopted ILO Guideline', providing how to make sure safety and health for workers in shipbreaking. But Republic of Korea goes against the stream and there is much to be desired. At this point of time, we carried out a study on international trend regarding ship recycling, a plan to cope with international trend, and it is considered to be necessary to establish a special law on ship recycling.

• Journal of Navigation and Port Research
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• v.33 no.3
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• pp.221-226
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• 2009

Guidelines on ship recycling are adopted internationally. UNEP adopted 'Basel Convention', providing Environmentally Sound Management(ESM) of facilities and recommendations. IMO adopted 'Guidelines on Ship Recycling', providing measures for worker's safety, how to control pollutant materials and the meaning of 'Green Passport'. IMO Convention (draft) is in progress. ILO adopted 'ILO Guideline', providing how to make sure safety and health for workers in shipbreaking. But Republic of Korea goes against the stream and there is much to be desired. At this point of time, we carried out a study on international trend regarding ship recycling, a plan to cope with international trend, and it is considered to be necessary to establish a special law on ship recycling.