• Title/Summary/Keyword: Bilateral agreement

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A Study on the Fixing the Place of Arbitration in Arbitration Agreement (중재합의시 중재지 결정에 관한 연구)

  • Oh, Won-Suk;Seo, Kyung
    • International Commerce and Information Review
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    • v.12 no.4
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    • pp.429-453
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    • 2010
  • The purpose of this paper is to examine the significances of choosing the place of arbitration, the principles of fixing the place, which the major international arbitration institutions(including the ICC, LCIA, AAA, CIETAC and so on) have in their arbitration rules, and the methods of drafting the place of arbitration in arbitration agreements. When the contract parties have agreed on the place of the arbitration, the institutions have no role regarding the selection of the place of arbitration. But the parties have not agreed on the place of arbitration, it is fixed by the rules of selected institution, by considering the lists of criteria including local laws, N.Y. Convention, neutrality, convenience and so on. This author suggested four alternatives on how to designate the place of arbitration, and advantages and disadvantages of each one: the place of claimant, the place of respondent, the place agreed on in advance in Bilateral Agreement between two Arbitration Institutions established in two countries or the third country. In conclusion, the decision of all elements in the international contract is greatly influenced by the power of negotiation, and the place of arbitration in arbitration agreement has a lot of influential significances on both parties when resolving the disputes. So it is advisable for the parties to fix the place according to the global standard(the place of respondent), the arbitration rules of major international arbitration institutes and the result of the negotiation between parties.

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Non-Tariff Trade Policy in the Context of Deep Trade Integration: An Ex-Post Gravity Model Application to the EU-South Korea Agreement

  • Grubler, Julia;Reiter, Oliver
    • East Asian Economic Review
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    • v.25 no.1
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    • pp.33-71
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    • 2021
  • Many different approaches and databases have been developed for the evaluation of non-tariff measures (NTMs) and free trade agreements (FTAs). This paper is devoted to the EU-South Korea agreement, which is the first 'second-generation' FTA of the EU, addressing a wide array of non-tariff policies. We review the evolution of NTM types applicable to the EU-South Korea trade relationship and the role of NTMs in ex-ante and ex-post analyses of the agreement. Subsequently a structural gravity model is employed to assess the value added of information on different aspects of FTAs and types of NTMs by evaluating their ability to predict the trade effects of the EU-South Korea FTA. Our results show that, when accounting for information on the components common in modern deep trade agreements, no additional trade effect is attributable to the EU-South Korea FTA. The evolution of NTMs differs considerably across indicators used, but trade predictions are hardly affected. Most specifications point towards a negative effect of bilateral differences in the number of technical barriers to trade (TBT) applied and sanitary and phytosanitary measures (SPS) against which trading partners issued complaints at the WTO.

The Study on the Japanese Type Certification System for Domestic Aircraft (일본 항공기 형식증명 제도에 대한 고찰)

  • Park, Guen-Young;Jin, Young-Kwon;Lee, Jong-Hee
    • Journal of Aerospace System Engineering
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    • v.5 no.2
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    • pp.18-26
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    • 2011
  • This is the study to introduce the Japanese Type Certification System for Domestic Aircraft and current status of Bilateral Aviation Safety Agreement. The study on the Japanese Type Certification System will contribute to understand our aircraft certification system and will be a reference in performing the Type Certification Project on KC-100 airplane in the Part 23 Normal Category.

Open Trade Technical Model using ebXML for FTA with China and Korea

  • Jung, Yong Gyu;Kang, Min Soo;Jung, Ga-Woon;Cha, Kwang Seung;Chong, Agatha
    • International Journal of Advanced Culture Technology
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    • v.2 no.1
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    • pp.25-29
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    • 2014
  • China and South Korea have effectively reached a free trade agreement. The deal now faces legal and parliament reviews in the two countries. We need to discuss the recommendations on XML conversion with UN / CEFACT electronic documents. To solve this problem of interworking between these standards, Two kinds of translation rules is proposed for exchanging to UN / CEFACT Tag smoothly. For development and distribution of electronic documents to be conformed to international standards, it is enough to have the role of international activities continue to supply part of the domestic industry and the trends in participation and international standard. Our principal focus is on facilitating national and international transactions, through the simplification and harmonization of processes, procedures and information flows, and so contributing to the growth of global commerce. The agreement with South Korea will be China's ninth bilateral FTA.

Mutual Recognition of APEC Engineer (APEC ENGINEER 상호인정 제도)

  • 백이호
    • Proceedings of the Korean Geotechical Society Conference
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    • 2001.03a
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    • pp.3-14
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    • 2001
  • This study introduces the framework of the mutual recognition project of APEC Engineer and also tries to find out what we, Korean engineers have to do with this project. The mutual recognition framework consists of 2 main frameworks ; the substantial equivalence framework and the mutual exemption framework. The participating Economies have discussed and agreed on the framework of the substantial equivalency and have been producing APEC Engineers from the 1st, Nov 2000 based on this agreement. However, more discussions will be required from now on in order to finalize the mutual exemption agreement, even though there have been a lot of discussions including the workshop for the regulatory authority for the last 5 years. Here we have to study and find out what we have to do with this project and prepare for the bilateral agreements and the Coordinating Committee meeting to be held in Hongkong in Oct this year.

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Acquiring the International Availability of Construction Manager System in the Global Environment (세계화시대에서의 감리기술자제도의 국제통용성확보에 관한 연구)

  • Moon, Haeng-Kyu;Yang, Jae-Soo
    • Journal of The Institute of Information and Telecommunication Facilities Engineering
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    • v.8 no.4
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    • pp.163-169
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    • 2009
  • Recently, the concern of the FTA (Free Trade Agreement) have shifted to the promotion of the professional service's trade via the bilateral and reciprocal agreement of its professional laws. In the construction industry, this policy has intended to make the standardization of the construction manager's profession in the world. The purpose of this paper is 1) first to define the general model of professions in the U.S., UK and Japan, 2) then to declare the construction manager's model of the profession in them to apply the general model of professions, and 3) finally to analyze the identity of Korean construction managers and acquirement of its construction manager's law comparing with construction manager's model of the profession in the U.S., UK and Japan.

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Geographical indication and its trade practices in Europe, USA and China (유럽, 미국, 중국의 지리적 표시 제도 및 산업적 현황)

  • Cheon, Jae Eun;Xin, Yimei
    • Food Science and Industry
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    • v.54 no.4
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    • pp.246-259
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    • 2021
  • Various countries established Geographical Indication (GI) system to protect the right and traditionality of their native products. The regulations vary by country but can be divided accordingly: Protection by trademark systems such as in USA, Special Protection for Geographical Indication as in EU, Protection by both schemes as in China and Korea. Within the systems, countries provide diverse schemes such as PDO and PGI in EU depending on the scope of the product. However, GI system in Korea provides one definition which only protects products that express definite tie to its territory of origin, preliminary with the origin of the ingredient. It is necessary for the government and industry to seek ways to revitalize the local economy in the global market and increase the number of GI products by aligning GI systems with foreign countries and support mutual bilateral agreement.

Problems of South-North Arbitral Cooperation under Agreement on Settlement Procedure of Commercial Disputes between south and north Korea (남북분쟁 해결합의서 체결에 따른 중재협력의 과제)

  • 김상호
    • Journal of Arbitration Studies
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    • v.11 no.1
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    • pp.3-35
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    • 2001
  • $\ulcorner$The South-North Joint Declaration$\lrcorner$ of June 15, 2000 made by President Kim Dae Jung and National Defense Committee Chairman Kim Jong Il will contribute to the activation of economic exchange between south and north Korea. To realize the fundamental spirit of the South-North Joint Declaration, the authorities concerned of south and north Korea have reached an agreement titled $\ulcorner$Agreement on Settlement Procedure of Commercial Disputes$\lrcorner$ last December. In this connection, a speedy and reasonable settlement of commercial disputes arising therefrom is becoming a problem of vital importance between south and north Korea. Also, south and north arbitral institutions have to consider a possible arbitration agreement carefully to solve the disputes systematically under the Agreement, which will serve as an example for similar arrangements and possible harmonization in East-West commercial relations. A variety of dispute settlements including friendly consultations, conciliation and arbitration will be used more frequently within the framework of the bilateral agreements of governmental or non-governmental level which have been concluded in the past between socialist and capitalistic economy countries. There is a growing tendency that East-West trade parties recognize and accept the UNCITRAL Arbitration Rules in their contracts. So it is advisable to use the UNCITRAL Rules in arbitrations of south and north Korea in case that the interested parties fail to agree on applicable rules. Finally it should be noted that pre-arbitral settlement called ‘joint conciliation’ should be reflected in the settlement mechanism of commercial disputes between south and north Korean parties as proved to be successful between the U.S. and China trade in the past.

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Regional Assessment of the Effect of the Win-Win Item Agreements (대형마트 상생품목제도 영향의 지역적 평가)

  • Yoo, Byong-Kook;Kim, Soon-Hong
    • Journal of Distribution Science
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    • v.13 no.10
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    • pp.93-99
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    • 2015
  • Purpose - It has been argued that the regulations restricting entry and opening hours of General Super Markets and Super Super Markets have not been as effective as expected. In contrast, the win-win item scheme that appeared recently has the advantage that it could raise the effectiveness of the system in that win-win items are in principle resigned on the basis of bilateral agreements. This study analyzes the win-win item agreement made between Homeplus at Hap-jung and small traditional markets to examine the practical effectiveness of the win-win item scheme. While existing literature studying the regulatory effects have concentrated on the restrictions around store entry or opening hours of large retailers, it can be said that there have been few empirical studies on the effect of win-win items agreement with large retailers. Research design, data, and methodology - Homeplus at Hap-jung made a win-win items agreement with nearby small traditional market traders in 2013. In accordance with this voluntary agreement, Homeplus started by limiting its sales to 15 win-win items. The survey was conducted through one-on-one interviews, April 14 to May 2, 2014, by a professional public opinion research agency. The interviews were targeted at small business retailers in the nearby traditional market. We divided the traditional markets near Homeplus at Hap-jung where the win-win item agreement was achieved into two groups, win-win item agreement markets and non win-win item agreement markets, to compare the performance difference between the two groups. Results - To determine the change in sales of the 15 win-win items, we examined the performance difference between the two groups using two criteria (compared with similar items, and compared to sales volume a year ago). The results show that the individual sales of win-win items in the win-win item agreement markets are more likely to increase than in the non win-win item agreement markets. Total sales volume of individual stores in the agreement markets also showed a more significant increase compared to a year ago than those in non win-win item agreement markets. Conclusions - Contrary to the existing retail regulations that have one-sided and uniform characteristics, it can be pointed out that the win-win item scheme has the effect of increasing the success of the system itself because it is done on the basis of mutual agreement between General Super Markets and traditional markets. The empirical results of this study can be said to support this conjecture. For the successful settlement of a win-win items agreement, the following points should be reviewed. First, it requires a great effort from the selection process of win-win items in order to improve the effectiveness of the agreement. Second, the existing General Super Markets customers should be introduced to the traditional markets or small shops to increase the sales of win-win items. Therefore, voluntary effort is essentially required from the traditional markets to engage customers.

Correlation between Radiographic Findings, Clinical Findings and Joint Sounds of Temporomandibular Joint Osteoarthritis Patients

  • Shin, Jung-Youn;Ahn, Jong-Mo
    • Journal of Oral Medicine and Pain
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    • v.42 no.2
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    • pp.35-43
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    • 2017
  • Purpose: This study aims to evaluate the correlation between joint sounds and radiographic bone change patterns along with clinical symptoms of temporomandibular joint osteoarthritis (TMJ OA) patients. Methods: The patients for this study were over 19 years of age, diagnosed tentatively with TMJ OA. The patients were examined with temporomandibular disorders analysis test and all three radiographs, including panoramic radiography, transcranial radiography, and cone beam computed tomography (CBCT). Information of the patients' age, pain status, joint sound and mouth opening range were collected. And bone change pattern was examined by reviewing panoramic radiography, transcranial radiography and CBCT images. Results: The patients with crepitus had a higher average active mouth opening (AMO) range than patients without crepitus, and the group with bilateral crepitus had a higher average AMO range than the group with unilateral crepitus (p<0.001). And the patient with pain during mastication was increased in the group with clicking than the group without clicking, and the group with bilateral clicking showed a statistically significant increase in the patient with pain during mastication than the group with unilateral clicking (p<0.05). The analytical results of the relevance of crepitus showed a high correlation with bone change observed from each of the three radiographs. And the agreement in bone change findings from 3 groups of paired radiographs showed high agreement (p<0.001). Meanwhile, 77.2% of CBCT findings showed bone change of condyle without crepitus (p<0.001). Conclusions: This study presented significant results in the evaluation of the correlation with crepitus and bone change of TMJ OA patients from panoramic radiography or transcranial projection. However, the accurate assessment is required through CBCT for the patient with complains of persistent pain, limitation of mouth opening, and occlusal change even if the crepitus does not exist.