• Journal of the Korean Society of Environmental Restoration Technology
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• v.16 no.1
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• pp.71-82
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• 2013

This study has been carried out with the purpose of coming up with suggestions for designation of domestic protection areas and improvement of their management through a comparative analysis of the systems of management of the protection areas in South Korea, Japan and China. Starting with the designation of natural reserves in 1962, South Korea has prepared legal systems for preserving ecosystems and biodiversity, while continuing to designate protected areas. As the state has so far monopolized the designation and management of all South Korean protection areas that take up 10.8% of its entire land area (as of Dec. 2011), with such persisting issues as multiple designations of one and the same area for protection, overlapping management authorities, and management of privately owned land in the protection areas. In Japan, which has protected area sizes and relevant legal systems similar to those in South Korea, the state provides the basic framework for management, while delegating most of the duties related to direct operation and management to specific municipalities. China, with an integrated administrative management of protected areas, has related government offices and municipalities responsible for the designation and management of individual protected areas. South Korea needs to provide a legally based support system that would further enhance the value of areal protection and contribute to the promotion of local economy and community.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.83-109
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• 2016

Recently, China has brought many political, economical, and ideological changes in order to complete the "socialistic market economy." In terms of legal system, they make much effort to seek compatibility and stability of law and order. China recognizes that the breakdown of corruption, which is rampant in society, is an essential short-cut for national development. To realize anti-corruption reformation, it strengthens the supervision of relatives and close officials of high-ranking government officials. Recently, China has suffered from expanded trade disputes internationally and has also experienced severe management-labor conflicts domestically due to economic recession. From 2012 onward, civil lawsuit and other litigations have increased sharply. Also, they face severe conflicts in the land system. It is expected that many disputes arise due to speculation on rural housing. Meanwhile, Mongolia expands the size of trade with Korea in mutual cooperation since their diplomatic relation in 1990 by entering more than 20 treaties and agreements. As Mongolia has rich natural resources and Korea is equipped with advanced science and technology, the two countries have opportunities to develop mutually beneficial cooperative relations. Recently, the arbitration system has attracted attention instead of litigation as a means of dispute settlement in line with the expansion of trade between Korea and Mongolia. This study would be helpful to figure out desirable methods for dispute settlements in case of trade disputes among Korean companies that would advance into China and Mongolia.

• Journal of Fisheries and Marine Sciences Education
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• v.6 no.1
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• pp.77-91
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• 1994

The Yellow Sea and the East China Sea are the most important fishing grounds for the fishing industry of Korea, China and Japan which are major coastal states of these Seas. But the fishery resources in these fishing grounds are almost exhausted and also the sea region is seriously polluted. Accordingly an international joint countermeasure is necessary to recover the fishery resources and to keep the fishery a continuous industry. The authors inspected the existing fishery policies and international fishery relationship of the three coastal states, and suggested rational conservation and management regime of the fishery resources in these sea regions. 1. At present the legal status of the sea region beyond territorial sea is the high sea, for that reason the international cooperation is urgently needed to establish common regime for conservation and management of the fishery resources. 2. A series of scientific research on ecological system of fishery resources must be carried out in the sea region first of all for that purpose. 3. The existing Korea-Japanese Fishery Agreement and Sino-Japanese Fishery Agreement should be reformed to coincide with the new legal order of the UNLOS Convention, and the Sino-Korean Fishery Agreement should be concluded newly on the identical line. 4. As a conclusion, a joint conservation and management regime through a regional fishery organization or a individual conservation and management regime through the promulgation of exclusive economic zone by each state can be suggested to resolve the fishery resources conservation problem in the Yellow Sea and the East China Sea.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.23-50
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• 2008

In a global economy where, private parties increasingly favour arbitration over litigation, many foreigners are unfortunately reluctant to arbitration with China's parties because the China national courts do not scrutinize the merits when deciding whether to recognize and enforce foreign awards. As a result, the finality of arbitral awards hangs in uncertainty. Overseas concern is that China's courts may abuse "Public Policy" grounds provided for in the New York Convention to set aside or refuse to enforce foreign awards. The purpose of this article is to examine the distrust to enforcement of arbitral awards whether that is just an assumption. In spite of the modernize and internationalize her international arbitration system and many reforms provided in the related law and rules, the most vexing leftover issues are caused of the lack of "rule of law" in China. This situation imply the risk of pervert 'Public Policy' as the ground for refusing enforcement of arbitral awards. Some cases reflect the fear. But it is unclear whether those cases caused from the lack of "rule of law" in China. Same uncertainty present between Hon Kong-China under th one country-two legal system after the return of Hong Kong to China on 1 July 1997. While China is striving to improve its enforcement mechanism in regard to the enforcement of arbitral awards, it can only be expect following the establishment of rule of law in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.155-176
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• 2015

Leasing is one of the main methods for Chinese airlines to introduce aircraft from overseas manufactures, and this method has been used for more than 30 years by Chinese airlines. Aircraft leasing in essence is a kind of financial transaction, through which lessors provide finance to lessees by means of the delivery of possession of the leased aircraft. At the time when China started to introduce aircraft through leasing some 30 years ago, the Chinese domestic laws were very insufficient to regulate these activities. Therefore, a construction process for the law of aircraft leasing was triggered then, and some fruit has been gained. By far, there are rules to adjust the aircraft activities in the aspects of contract, real right, default and bankruptcy remedies. However, as the improvement of any system must undergo a process of exploration, the law of aircraft leasing in China is still faced up with many challenges. Especially with the emergence and prosperous of domestic leasing industry, new transaction structures and models of aircraft leasing have emerged, which leaves new challenges to current legal system. On the basis of introducing the history and main contents of Chinese legal regime of aircraft leasing, this paper offers an analysis of achievements and challenges on present Chinese laws in the aspects of contract, real right and remedies.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.67-91
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• 2009

Nowadays, Alternative Dispute Resolution in terms of reconciliation, arbitration, and mediation is in the spotlight as a try to overcome the limits of a lawsuit as well as the judicial reform. Since many articles have studied ADR in America, Germany, Japan and the like which developed the system in advance, this article compares ADR in major Asian countries including China, Indonesia, Singapore, Thailand, Malaysia, India, and Vietnam etc. introducing ADR organizations as well. On the matter of vigorous trade and investment between Asian countries currently, it seems inevitable not to have consequential disputes through international exchange. Thus it will be very useful to know the law to resolve the conflict between the countries involved. This article is written to help to resolve the disputes in Asian countries and provide research materials to develop ADR in Korea by comparing the ones in major Asian countries. In addition, the comparative study of ADR in Asian countries should be continued to find the model which best fits in Asia as well as to nurture talent.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.63-88
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• 2014

The culpa in contrahendo is a doctrine that "damages should be recoverable against the party whose blameworthy conduct during negotiations for a contract brought about its invalidity or prevented its perfection". In China, Chinese Civil law gradually adopted Culpa in Contrahendo under the former 'economic contract law' and the 'general rules of the civil law', then the legal system of culpa in contrahendo was formally established under Contract Law of the People's Republic of China(CLPRC) in 1999. To put it concretely, Art. 42, 43, 58 of the Chinese Civil Law expressly establishes a culpa in contrahendo liability derived from a principle of good faith governing pre-contractual negotiations. however, in general, culpa in contrahendo has been recognized a independent legal liability as distinct from contractual default liability and torts liability. This article provides a general description of the characteristics of culpa in contrahendo under Chinese Contract Law, and both theoretical issues that have arisen in Chinese academics and relevant important precedent in Chinese Courts. This article also analyzed trend of judgment on precedents that the Supreme Peoples's Court of the PRC applied culpa in contrahendo.

• Journal of Arbitration Studies
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• v.33 no.4
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• pp.37-67
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• 2023

Arbitration is a just and efficient method for resolving economic disputes. It adapts to the needs of economic development and is an important institution in today's society. Around the world, a tradition of resolving disputes through arbitration spontaneously developed in ancient times and gradually evolved into a legal system with the development of jurisprudence starting from the Middle Ages. In China, formal legislation on arbitration began in the modern era during the Republic of China period. However, the origins of arbitration as a method for resolving disputes can be traced back to ancient times, during the Qin and Han dynasties. The most significant modern arbitration legislation in China is the "Arbitration Law" enacted in 1995, which drew on the experiences of foreign arbitration laws. Despite this, there are still many areas in arbitration legislation that require improvement based on practical experiences. Currently, revisions to the Arbitration Law are underway, and historical experiences may offer valuable insights, assisting in better integrating the Arbitration Law with Chinese society. This article primarily focuses on the role and impact of the imported modern commercial arbitration system in China and how it can be harmonized with China's legal culture in the future.

• Journal of Information Processing Systems
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• v.20 no.3
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• pp.391-398
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• 2024

Given the further promotion of economic globalization, China's financial market has also expanded. However, at present, this market faces substantial risks. The main financial and economic risks in China are in the areas of policy, credit, exchange rates, accounting, and interest rates. The current status of China's financial market is as follows: insufficient attention from upper management; insufficient innovation in the development of the financial economy; and lack of a sound financial and economic risk protection system. To further understand the current situation of China's financial market, we conducted a questionnaire survey on the financial market and reached the following conclusions. A comprehensive enterprise questionnaire from the government's perspective, the enterprise's perspective and the individual's perspective showed that the following problems exist in the financial and economic risk prevention aspects of big data and Internet of Things in China. The political system at the country's grassroots level is not comprehensive enough. The legal regulatory system is not comprehensive enough, leading to serious incidents of loan fraud. The top management of enterprises does not pay enough attention to financial risk prevention. Therefore, we constructed a financial and economic risk prevention model based on big data and Internet of Things that has effective preventive capabilities for both enterprises and individuals. The concept reflected in the model is to obtain data through Internet of Things, use big data for screening, and then pass these data to the big data analysis system at the grassroots level for analysis. The data initially screened as big data are analyzed in depth, and we obtain the original data that can be used to make decisions. Finally, we put forward the corresponding opinions, and their main contents represent the following points: the key is to build a sound national financial and economic risk prevention and assessment system, the guarantee is to strengthen the supervision of national financial risks, and the purpose is to promote the marketization of financial interest rates.

• Journal of Navigation and Port Research
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• v.46 no.2
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• pp.99-109
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• 2022

A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.