• Journal of Arbitration Studies
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• v.17 no.2
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• pp.141-165
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• 2007

This study aims to make a contribution to the promotion of trade and economic development of South Korea, and, at the same time, call attention to the increasing trend of investment agreements concluded within Free Trade Agreements (FTA) by examining theoretically FTAs and dispute resolution and investigating systematically the conclusion procedure of agreements, and the system, institutions, and jurisdiction of dispute resolution, and presenting these findings to the government and investors involved. The most problematic aspect in the legal process of arbitration involving disputes over investment is that of arguments concerning the right of jurisdiction. When a dispute arises, even though an investor files for arbitration at an ICSID institution, the parties become involved in another energy-consuming argument even before proceeding to the hearing and decision of the original plan in cases in which the respondent of the dispute files an objection to the decision rights of the arbitral tribunal. As the main basis for this type of plea, the point of non-existence of jurisdiction is first raised where the applicable dispute does not fall under the range of investments defined in individual investment contracts or investment agreements such as a Bilateral Investment Treaty (BIT). To avoid an open-ended definition of investment for the range of investments, articles concerning investments in the FTA and NAFTA between Canada and the USA adopt the limited closed-list method. Article 96 of the FTA between Japan and Mexico applied the same abovementioned method of limited form of definition regarding range of investments and concluded BITs between member countries of APEC applied a similar method as well. Instead of employing the previously used inclusive definition, the BITs concluded between countries of Latin America and the USA are equipped with limited characteristics of an investment. Furthermore, to correspond with this necessary condition the three following requirements are needed : 1) fixed investment funding; 2) expected profits resulting from such investments; 3) and the existence of fixed risk bearing.

• STI Policy Review
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• v.4 no.1
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• pp.27-53
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• 2013

Technology research and development (R&D) expenditures have increased as most countries recognize that technological innovation is a significant factor for continued economic growth. R&D subsidies by governmental entities were permitted in accordance with the Subsidy and Countervailing Measure (SCM) Agreement under the World Trade Organization (WTO) system. However, according to Article 31 of the SCM Agreement the provision for R&D subsidies have been terminated as of January 2000 and legal disputes over R&D subsidies are likely to increase. The aircraft industry has been the only industry where R&D subsidies have become an issue under the WTO. This paper examines international trade disputes within the aircraft industry in regards to measures by Canada and bilateral disputes between the U.S. and the European Communities (EC). In these cases, various R&D subsidies on civil aircraft are found to be inconsistent with WTO rules. This study summarizes the WTO decisions on various R&D subsidies disputed in the aircraft cases and examines the type of R&D subsidies found to be inconsistent (or consistent) with the WTO to provide guidelines for current and future R&D subsidy policies in high-tech industries. The Canada-Aircraft case indicates that R&D subsidies directly targeted towards near market R&D projects with a high export potential will likely be in violation of current WTO rules. Furthermore, findings from the EC-Aircraft and the U.S.-Aircraft cases suggest that the forms (or the methods) of R&D subsidy distribution were not a sufficient condition for the WTO ruling; instead, what ultimately mattered was whether and specifically to whom the benefits of the R&D subsidies are conferred by the government entities.

• Journal of Fisheries and Marine Sciences Education
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• v.18 no.3
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• pp.244-260
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• 2006

The main objective of this study aims at analyzing the national roles of fisheries in the global economy from the constitutional view point. Globalization provides general firms and businessmen with great opportunities that allow them to be able to plan and operate their business strategies beyond the national boundaries. WTO and FTA negotiations must be important facilitators of such globalization. However, Korean primary industries like fisheries under comparative disadvantage have a high probability that there may have to be the trade-offs between the primary and the industrial sector to maximize national benefits in the process of bilateral and/or multilateral international trade deals. Since, moreover, fishermen face strong binding constraints under which they hardly carry out fishing operations standing aloof from national boarders, they have to manage fishing businesses within their own national territory, to maintain and develop fisheries culture, and to explore their own destiny for themselves. Because of such reasons, the constitution imposes upon the State the duty to support and develop fisheries and fishing villages. Considering its article and spirit associated with fisheries(i.e. article 123), it seems unnecessary at this point in time that Korean society makes debates over national consensus for supporting fisheries. The reason is because the explicit provisions of the constitution do not allow their arbitrary interpretation depending upon interests or policy situations. However, where national support to the particular sector could not meet the expected social value system, there would be a great deal of chance to invite serious societal debates over such national commitment to the fisheries. Therefore, whether using it efficiently and realizing the socially expected policy goals must be a responsibility of both fisheries administration and fishing industries.

• Korea Trade Review
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• v.41 no.5
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• pp.89-111
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• 2016

The Mega-FTA is intended for emerging economies, including developed economies, to expand economies of scale in a single market. The Bilateral FTA shall take into account the relevant industries and the inter-country related industries to adjust the origin standard and preferential tariff rates. Therefore, certain competitive industries can expect foreign investment and re-investment in the domestic market as well as expansion of the market in the region. However, the mega-FTA should expand the size of the economy under the same preferential tax rates for many Partner countries. The Mega-FTA can maximize the effectiveness of the agreement by making use of the competitive advantages of the participating countries. In the mega-FTA, Cumulative Criteria should be appropriately used as a supplemental standard of origin. The Cumulative Criteria is an important FTA utilization factor that determines the success of the mega-FTA. Using FTA, Korea should export locally produced materials using cheaper labor force in FTA partner country. In addition, in order to prepare the Mega-FTA, which allows full cumulation, it is necessary to encourage the overseas transfer of low-cost structure materials processing industry so that the material suppliers can be transferred to the area where production cost is lower and raw material supply is easier.

• Asian-Australasian Journal of Animal Sciences
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• v.24 no.11
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• pp.1629-1636
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• 2011

Global pork markets are becoming more competitive, riding the wind of the bilateral free trade agreement. China is the world's largest pork producer with nearly 50% of the world's total production. China's fast growing economy has provided its people with higher purchasing power, resulting in a rapid expansion of the Chinese swine industry over the past decades. Worldwide, China consumes the greatest amount of pork and it is believed that this trend will continue. Japan is the world's largest pork importing country, even though it also produces a lot of pork. The Japanese swine industry encounters weighty obstacles in production costs and environmental limitations which result in reduced domestic supply and creates the situation in which Japan has to import a significant amount of pork for their consumption. South Korea is also a large buyer of pork, with a status greatly influenced by the struggle that the country has faced with Foot and Mouth Disease (FMD) which occurred in 2000, 2002 and 2010. High production costs, low production efficiency, and forced culling following the FMD outbreak resulted in the loss of many hog farming households in the country, reducing supply of domestic pork in the face of continued demand. Overall, pork production in these economically important countries can greatly impact the industry globally. The goal of this review paper is to describe pork production in China, Japan, and South Korea and discuss these countries' role in global pork export markets.

• Journal of Contemporary Eastern Asia
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• v.19 no.1
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• pp.84-96
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• 2020

The Republic of Korea (Korea) and the Russian Federation (Russia) are actualizing the cooperation in the Arctic area. As a result, Korean companies have begun to enjoy real economic benefits. However, since there are some troublesome aspects associated with this cooperation, measures that can lead to sustainable development through the supplementation of relevant norms are critical. Russia is also aware of these problems in obtaining economic benefits in the future; cooperation between the two countries should be extended to sufficiently cover this point. The laws related to the region are vague and do not encompass every field. In addition, when it comes to national interests, many situations arise from areas where international and national laws are not clearly harmonized. Therefore, efforts should be made to reflect the interests of both sides and to maintain economic benefits, in case Korea participates in Russia's development of the area, as well as for the legal foundation to reduce negative issues. The Korea-Russia Free Trade Agreement (FTA) negotiation is on the track for the purpose. The two governments should consider various tasks, such as harmonizing with the former FTAs and dealing with the domestic law in accordance with the new FTA. The two countries also have to conduct researches on the efficient use of the FTA and for the 'Sustainable Arctic Development'.

• Journal of Electrical Engineering and Technology
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• v.6 no.1
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• pp.14-24
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• 2011

In order to facilitate the electricity market operation and trade in the restructured environment, ample transmission capability should be provided to satisfy the demand of increasing power transactions. The conflict of this requirement and the restrictions on the transmission expansion in the restructured electricity market has motivated the development of methodologies to enhance the available transfer capability (ATC) of existing transmission grids. The insertion of flexible AC transmission System (FACTS) devices in electrical systems seems to be a promising strategy to enhance single area ATC and multi-area ATC. In this paper, the viability and technical merits of boosting single area ATC and multi-area ATC using Thyristor controlled series compensator (TCSC), static VAR compensator (SVC) and unified power flow controller (UPFC) in single device and multi-type three similar and different device combinations are analyzed. Particle swarm optimization (PSO) algorithm is employed to obtain the optimal settings of FACTS devices. The installation cost is also calculated. The study has been carried out on IEEE 30 bus and IEEE 118 bus systems for the selected bilateral, multilateral and area wise transactions.

• International Commerce and Information Review
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• v.9 no.2
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• pp.441-466
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• 2007

Geographical indications are place names (in some countries also words associated with a place) used to identify the origin and quality, reputation or other characteristics of products. Protection required under the TRIPS Agreement is defined in two articles. The purpose of this study is to select the representative geographical indication item of Korea, discuss of the new intellectual property rights, and promote the trade of that product. It is also discussed of a geographical indication registration system and the recognition with international point of view. The international geographical indication protection is strengthening in recent. There are many multilateral and bilateral discussions and talks for geographical indication system. In order to protect excellent Korean products locally and internationally, the 'Quality Management of Agricultural Products Act' has been introduced form July 1, 1999. The geographical indication registration of Korea currently is 31 cases. The geographical indication is limited the regional promotion in Korea. Therefore, it is studied the registered items on the list and analyzed the result of the registration. Consequently, this paper suggests that more effective ways have to be prepared for the systematic management of geographical indications, campaigns for the recognition as a property.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.135-154
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• 2007

The 3 Northeast Asian countries of Korea, Japan and China have been stricter to each other than to other countries of out-region in air liberalization. The prominent reason of this intra-regional protective policy in air transportation seems to be the difference in competitive strength of their national flag carriers. As the 3 countries realize the importance of their mutual cooperation in the region, since China grows to be one of the leading economies in the world and the intra-regional trade and visitors increase tremendously, they are now taking the policy of intra-regional air liberalization more vigorously than before. Especially air cargo liberalization is easier than air passenger liberalization because they realize that the development of open economy is based on free flow of logistics regardless of the competitiveness of their national flag carriers. As Korea is the leading country in the region to promote air liberalization, this paper reviews the importance and growing trend of air cargo, analyzes current air liberalization policy between Korea, Japan and China and the initial effects of open sky in the routes of Shandung-Korea, and suggests the new policies of air liberalization to promote free flow of air logistics.

• The Transactions of The Korean Institute of Electrical Engineers
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• v.60 no.2
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• pp.257-265
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• 2011

As the competitive market system has been introduced to the electrical power trade, the priority concern would be that the price of electrical power should be reasonable. It is because, when this rule is solid, we can avoid the distortion of competition and assure the greater efficiency in management. LMP(Locational Marginal Price) means marginal price at each bus. This components consist of energy, loss and congestion cost. At this point, the LMP result that is calculated by traditional model is changeable by the location of the slack and can not be used in bilateral Transaction. This paper proposed algorithm is proved its rationality and credibility by comparing the result of the simulation of virtual 6_bus system that is calculated by traditional method, and showed that the LMP components are changed according to the Transaction Strategy. Furthermore, It shows the effect of additional congestion cost on the transmission line that has bottle neck frequently by simulation.