• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.201-226
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• 2004

P & I Clubs are mutual and non-profit making insurers which offer shipowners cover for the contractual and third-party liabilities. Whereas most shipowners obtain P & I insurance to cover for their legal liabilities, they also obtain hull insurance to cover against damages to the hull of their vessels from commercial hull insurers. P & I insurance was distinguished from hull insurance in respect that it offered non-limited cover to shipowner member, but there was a serious debate between P & I Clubs in respect of the non-limited cover. A compromise by International Group of P & I Clubs eventually emerged under which, with effect from 20 February 1997, a financial cap was placed on the obligation of each shipowner to pay catasrophe calls to his club(20% of each ship's property limitation fund under 1976 Limitation Convention). Nevertheless many shipowners felt that this new cap on their potential catastrophe call had been set still too high, while others resisted any reduction in the figure established by the compromise. In the Meantime, the European Commission issued a Statement of Objections in June 1997, in which it indicated its objections with a compulsory single limit common th all the Group clubs as high as the 1997 compromise. Eventually the board of all the Group clubs decided that the figure of 20% of the Limitation Convention per ship property funds should be dropped down to 2.5% from 20 February 1999.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.29-62
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• 2007

The object of this paper is to increase in domestic use of export factoring for small and medium trading companies. Factoring involves a process where a specialized firm assumes the responsibility for the administration and collection of account receivable for its clients. It can be considered a form of short term commercial financing based on selling of trade credit at a discount, or for a prescribed fee plus interest. The youngest and smallest businesses cannot receive working capital for account receivable for export from financial companies, while larger businesses tend to have less need for factoring services. Using export factoring provide a valuable improvement to cash flow and working capital position and can possibly contribute to small business growth and development. There are several suggestions for export factoring to activate in Korea. First, the number of factoring companies need to be enlarge to activate export factoring in trade and financial policies. Second, factoring companies have to perform public relations for trading companies to inform the export factoring system and its advantages. Third, government need to support the system of export factoring with legislation and financial instruments. Forth, trading companies need to be reformed credit inquiry system in terms of expenses and methods by government This paper has attempted to emphasize on export factoring for small and medium size exporting companies and deserves more research by academics, practitioners and trade policy makers.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.3-28
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• 2007

A non-documentary conditions is a condition contained in the credit without reference to the presented document in compliance therewith, thereby causing many problems to all parties involved in letter of credit transactions. The purpose of this study is to examine the regulations on the non-documentary conditions under Uniform Customs and Practice for Documentary Credits: UCP, International Standby Practices: ISP98, United Nations Convention on Independent Guarantee and Stand-by Letters of Credit: CIGSLC and Uniform Commercial Code: UCC and also the opinions on the effect of non-documentary conditions through the analysis of several cases on the non-documentary conditions. The result of this study can be summarized as follows: First, UCP, ISP98, CIGSLC and UCC stipulate that banks will deem non-documentary conditions as not stated and will disregard them. Second, courts used to permit the effect of non-documentary conditions. Finally, all parties should not attempt to put in any non-documentary conditions in order to prevent disputes on the effect of non-documentary conditions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.291-320
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• 2004

Electronic transaction using electronic documents be carried without direct person to person meeting, there is the possibility to use other's identity illegally without notice and to verity authenticity of transaction. It is very hard to find out that the electronic documents on the process of submitting is forged documents or not and also has much difficulty in maintaining transmitting secret. Therefore, to solve such problems on electronic transactions, certification system with cryptography skill are inevitably necessary. Also there is needed legal base in the electronic document as functional equivalent of the paper document. Recently there are so many commercial certification service provider(CPS) such as Identrus, Bolero, TEDI but their establishment of CPS, certification process, guideline and so on are different each CPS. Therefore, this kind of situation can make user confuse. To introduce and develop the electronic certification in the international electronic commerce not domestic electronic commerce, it need to authorize and operate certification authority under the uniform regulation base. But, because the laws and guidelines that related to electronic certification system are different among the nations and international organizations, it need to compare laws and guidelines. In conclusion, the most important thing to resolve problems surrounded certification and develope certification system in the international electronic commerce make uniform rule of international electronic certification to recognize internationally from each nation or at least, need to harmony laws and guideline in each nations.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.397-422
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• 2009

Electronic trade reduces additional costs generated from the issuing and management of paper documents, and overcomes the physical limitations of commercial transactions as well as the geographical and time limitations resulting from trading with foreign countries. These characteristics of electronic trade guarantees better and more effective global marketing for companies. In addition, by expanding relative superiority of large corporations to medium-small sized companies, many medium-small companies have shown great interest in electronic trade to promote its exporting businesses, and implementing changes to facilitate electronic trade into their business system. Therefore, it is expected that the electronic trade will be more widely distributed and utilized by businesses of all sizes in the future. The adaptation and implementation of the electronic trade system can only have prosperous effects when there is a high efficiency in the utilization and service process of the concerned company. Under this premise, this research first examined electronic trade, characteristics of the company and information utilization as the key elements to determine the effectiveness of the utility aspect. Then it examines confirmation of product demand, registration of revenues, and authorization as the key elements to determine the level of service process.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.427-451
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• 2016

With WTO system starting since 1995, the international trade business has been getting more competitive and fairer especially with the agreement on subsidies and countervailing measures. The export credit insurance, as the only institution of supporting export business under WTO system, is getting more significant in major economies as an indirect means to support export business. In China, SINOSURE has been monopolizing its export credit insurance market for a long time. Since January 2013, however, the Chinese government permitted several commercial insurers to compete in the market and they include PICC, PING AN, CPIC, China Re. This study is to discuss how to improve the Chinese export credit insurance after analyzing performance of privatization of short-term credit insurance and real cases of success and failures. With the 'Go Global' and 'One Belt, One Road' policy of Chinese government, the role of export credit insurance is expected to be more significant. Thanks to the Korea-China FTA since December 2015, international trade between the two countries will be greater especially in finance and insurance area. Because Korean insurance industry is very much interested in getting into Chinese export credit insurance market, they need to study carefully the performance of privatization of Chinese short-term export credit insurance. For their policy decision makings the Korean authorities need to get lessons from the privatization of Chinese short-term export credit insurance business.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.3
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• pp.127-135
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• 2020

The paper aims to examine whether business cycles affect the link between financial development and bank risk, measured by Zscore and non-performing loans to total loans in six Southeast Asian countries, namely Indonesia, Philippines, Malaysia, Singapore, Thailand and Vietnam. This study uses a sample of 95 listed commercial banks over a 15-year period between 2004 and 2018 in the six Southeast Asian countries. This study employs panel OLS regression and modifications to tackle issues such as endogeneity and heteroscedasticity. The results show that the impact of stock market development (the ratio of the market capitalization to GDP) on Zscore is significantly positive, whereas its effect on non-performing loans is significantly negative. The findings suggest that financial development, in terms of stock market capitalization, improves banks' Zscores and reduces their level of non-performing loans, suggesting that financial development on average reduces bank risk. The impact of business cycle is insignificant towards bank risk, thus rejecting both counter- and pro-cyclical hypotheses, except for the case of risk indicator of loan loss provisions. Examining the joint effect of the business cycle and financial development on bank risk, we find that the phase of business cycles generally does not moderate the link between financial development and bank risk.

• Ocean and Polar Research
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• v.27 no.1
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• pp.97-108
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• 2005

The International Seabed Authority (ISA) formally came into existence upon the entry into force of the UNCLOS on 16 November 1994. By adopting the Implementing Agreement in 1994, UNCLOS has the universality as a Magna Carta of International Ocean Regime, and the Deep Seabed Mining Regime could be operated as a unique one for the benefit of mankind. During last 10 years, ISA established the institutional framework successfully and made substantial and tangible progress in formulating the rules, regulations and procedures for the prospecting and exploration for polymetally nodules. Furthermore, RPI's obligations had been carried out completely, and the 7 RPI made contract with ISA to become a contractor who has an at least 15 you exclusive right for exploration in their allocated site. However, due to the uncertainty of commercial mining, the number of representatives from developing countries has been getting looser and looser and ISA has a problem of quorum of the Assembly. Land-based producers took a very strong opposite position to the contractors to make their loss in the minimum level. For the next decade, it might be prospected that ISA will focus on monitoring the contractor's activities, making rules, regulations and procedures for exploration on cobalt rich crust, sulphide and methane hydrate and implementing environment studies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.69-95
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• 2005

East Asia has played an important role in the economic and social development in the Asian pacific region and in the global arena. In the region the impact of companies centralizing their logistics activities around a few distribution centers has already led some leading ports such as Singapore, Hong Kong to transform and expand their functions and business activities to provide port users with value added logistics services. Other ports in the region also have an important part to play in the total logistics Chain. In these environments, the maritime activities of Jang BoGo, who was the maritime king of the commercial maritime empire in East Asia in the 9th century, give many implications to the international logistics network strategy that Korea has to take in order to become a power of International Logistics. Though the trading and economic environments at that time may be quite different from today, the super-national maritime management pattern that Jang Bo-go, founder of the Northeast Asian maritime trading kingdom devised, gives us many implications in the global trading and economic environments, in the respects of overseas direct investment and international logistics. Accordingly, the paper aims to examine the establishment of hub port in Northeast Asia, modelled after the maritime network management strategy of Jang BoGo.

• Journal of Arbitration Studies
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• v.30 no.1
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• pp.161-184
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• 2020

In the process of the annulment of arbitral awards, the Swiss Federal Supreme Court contributes to keeping Switzerland as a venue for international arbitration. Challenges to an award rendered in Switzerland are handled by the Swiss Supreme Court only. Furthermore, the Swiss law provides extremely limited grounds (PILA 190) for the potential challenge of the award and those are different from what model law countries have. For example, violations of the parties' agreed procedural arrangements will not be grounds for the annulment of an award in Swiss. In arbitration, the intervention of a national court is necessary to protect justice but at the same time, it can impede the process of arbitration, even making it useless. Limited intervention of the Swiss Supreme Court protects the efficiency, autonomy, and justice of international arbitration. International Arbitration has to be simple and fast to solve complex international commercial problems and to promote trade. Therefore, the process and technique to be applied on an Arbitration-friendly Swiss court should be considered.