• 한국중재학회지:중재연구
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• 제13권2호
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• pp.425-457
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• 2004

This study is to approach e-Trade issues and how to settle the dispute for e-Trade according to on-line Alternative Dispute Resolution (ADR) process. Most on-line systems operate on a limited access basis. The increasing use of the internet to do business brings to light at least important concerns to persons who engage in commerce on-line, or e-Trade. There is some concern about the limits of current internet technology to guarantee the security of e-Trade. The new technology has transformed society and is defining new years of doing business. This revolution in technology has even changed the nature of many of the goods and services that are the subjects of e-Trade. There is also concern about the limits of the legal framework to guarantee the enforcement of e-Trade. A significant issue is how the law should be adapted to reflect business practices regarding such cyberspace agreements as Web site click-on agreements, e-data interchange, and on-line sales. The principal benefits of on-line ADR should typically be faster and less expensive than traditional conciliation arbitration. The on-line ADR system has the several significances, decreasing inappropriate cost as time and burden of ADR, providing an approachable measure of relief and more efficient tool for the settle of dispute. Therefore, on-line ADR could be used as an adjunct resolution process in large class actions where each single claim is small, but varies somewhat, thus requiring some individual fact determination.

• 무역학회지
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• 제46권1호
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• pp.59-81
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• 2021

This paper aims to analyze Korea's trade and investment performance in Spain and the business environment of Spain, and to find efficient strategies for entering into the Spanish market. This study is organized into five chapters. To begin with, it explains an overview of the Spanish economy and the current status of its major industries. Then, it analyzes Korea's trade and investment performance in Spain, the structure of comparative advantage and the trade trends of major import and export items, since 2011 when the Korea-EU FTA went into effect. Lastly, based on the results of this analysis, Korea's strategies for entering into the Spanish market are derived. The strategies derived from the analysis are as follows: (1) entering startups in the Spanish market through CVC cooperation and participation in large tech forums, (2) linking the Spanish interest in K-Culture to consumer goods exports, (3) promoting cooperation in the IT industry in response to the Spanish government's 'Connected Industry 4.0', (4) building a new Korean-Spanish value chain in response to the mobility revolution, (5) advancing jointly into a third country by combining the strengths of both Korea and Spain, (6) cooperating with the Spanish government to establish a sustainable energy policy, (7) promoting jointly with the Spanish government through smart city strategies and project exchanges, and (8) building a European logistics hub in Spain in preparation for post-Brexit.

• Journal of Korea Trade
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• 제27권1호
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• pp.176-191
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• 2023

Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

• 무역학회지
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• 제46권3호
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• pp.81-97
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• 2021

The purpose of this study is to contribute to the revitalization of the green logistics of Korean companies by presenting the current status and problems of Korean logistics as influenced by government policies. This paper analyzes green logistics from a legal and institutional perspective. Analysis focuses on low-carbon green growth measures and government policy, especially for CO₂ reduction. It considers how policies can be enacted to promote green logistics. This study reports several findings on green logistics in Korea. First, it reports the theoretical considerations of the Republic's green logistics. Second, the study details the current status and problems of green logistics. Third, it considers ways to implement a green economy, green technology, and green transportation, while also considering arguments for avoiding these eco-friendly solutions. Fourth, it argues that revitalization measures are needed to establish an advanced logistics system for eco-friendly green logistics facilities. To achieve this revitalization, Korean logistics should be competitive in the global logistics market. This study may contribute to the expansion of the industrial cooperation of Korean logistics companies by presenting necessary review tasks for governmental green logistics policies, although the issue has long been important to Korean logistics.

• Journal of Korea Trade
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• 제26권5호
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• pp.56-75
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• 2022

Purpose - This study examines the influencing factors of China's cross-border e-commerce exports in the context of the current situation and trends of China's cross-border e-commerce development. Through an improved trade gravity model, it provides more in-depth research and constructive opinions on the development of cross-border e-commerce in China. In this paper, factors such as consumption gap, volume of trade frictions, number of tourists, Internet usage and trade openness are added to the formula of the traditional trade gravity model in the improved trade gravity model to examine the influencing factors on China's cross-border e-commerce exports. Design/methodology - According to the empirical analysis, China's cross-border e-commerce exports to ten countries are used as dependent variables, and consumption gap, trade friction volume, trade distance, trade openness and number of Internet users are taken as independent variables. Regression analysis is conducted through a modified gravity model to test whether the hypotheses hold. Findings - The analysis shows that the hypothesis that China's cross-border e-commerce exports are influenced by trade openness, trade distance, consumption gap between trade parties, and the number of Internet users in the importing country is supported by these four hypotheses, but not all independent variables have an impact on them. Specifically, the number of travelers, trade frictions do not have an impact on China's cross-border e-commerce. That is to say, trade friction between China and the United States and political issues such as China-India and China-Japan territorial disputes that emerged before do not affect the development of cross-border e-commerce in China. Originality/value - The analysis shows that the factors influencing China's cross-border e-commerce exports are the trade openness of the importing country, the trade distance, the number of Internet users in the importing country, and the consumption gap between the two sides of the trade. The trade openness and the number of Internet users positively contribute to China's cross-border e-commerce, while the consumption gap and trade distance are negatively related to them. And the analysis found that the Sino-US trade war and the Sino-Indian territorial disputes and other trade frictions to China's cross-border e-commerce exports did not have a substantial impact.

• 환경정책연구
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• 제1권1호
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• pp.111-128
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• 2002

The Ministerial Declaration of the 4th WTO Ministerial Meeting at Doha in November 2001 announced the launch of the New Round and a completion date of January 1st, 2005. It agreed to eventually negotiate trade and environment linkage issues, such as the relationship between the WTO rules and Multilateral Environment Agreements and the reduction or elimination of tariff and non-tariff barriers to environmental goods and services. The Committee on Trade and Environment was instructed to pursue work on all items on its agenda within the current terms of reference and to give particular attention to the effects of environmental measures on market access, relevant provisions of the TRTPS Agreement, and labelling requirements for environmental purposes. This means that far the first time, the members of the WTO will discuss and negotiate trade and environment linkage in the framework of multilateral trade negotiation. Korea, from the standpoint of a smaller open economy heavily dependent on international trade, is obliged to overcome the challenges imposed by the environment agenda in the Doha declaration. This study examined the linkage among environment, economic growth and international trade in order to review the possible trade and environment policy implications in Korea. Mutual supportiveness of trade and environment depends much on the effectiveness of trade and environment policy coordination. In this regard, we conclude that the Korean government should provide an appropriate institutional framework to promote closer cooperation among policy makers engaged in negotiations. Trade and environment policy review and environmental impact assessment of trade negotiation should be considered as a work programme of this institutional policy coordination framework.

• 무역상무연구
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• 제53권
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• pp.265-288
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• 2012

Trade in service, which deals with intangible product, is distinguished from trade of goods for tangible product. The current multilateral service trade is based on GATS which includes MFN, securing the predictability as well as transparency of related service rules, specific commitment basis market access national treatment. Recently the WTO service disputes are increasing according to the frequent filing complaints against the regulation of service trade in China. The rules of GATS are not as strict as those of GATT. The commitment schedules, which were materialized between members, gets binding effect through the obligatory provisions of GATS. The GATS is inseparable relation with the Appendix of finance, of telecommunication, and of air transport, with the schedules of commitment of member states, and with the reference paper to the 4th protocol. GATS article XIV which is the general exception of GATS has a similar structure of GATT article XX. Based on the possibility of filing to the WTO, there is a need to examine whether the whole rules, regulation, and policy international trade in service of Korea perfectly macthed with the GATS. Korea with poor resources should take up the more positive attitude for the opening of international service market. According to the reciprocal aspects of concession, if Korea doesn't open a service market, the other WTO member country wouldn't allow Korea to access the their market as well as national treatment.

• The Journal of Asian Finance, Economics and Business
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• 제8권5호
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• pp.43-52
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• 2021

This study is the first to scrutinize how real effective exchange rate, together with the vehicle currency exchange rate, asymmetrically influences the total trade balance between ASEAN (Association of Southeast Asian Nations) and the EU (European Union). This research employs quarterly data between 2000Q1 and 2018Q1, which is derived from several sources. We introduce a method for constructing the double-aggregated real effective exchange rate between ASEAN and the EU that captures the roles of all their currencies. Moreover, we propose the formula to compute vehicle currency exchange rate to assess the importance of vehicle currency in ASEAN-EU trade. Additionally, as asymmetrical impacts of exchange rate on trade balance are well documented by current studies, we employ Nonlinear Autoregressive Distributed Lag (NARDL) model of Shin et al. (2014) to analyze the impacts of currency depreciation as well as appreciation in detail. The findings confirm the prominence of USD as vehicle currency in ASEAN-EU trade. Both depreciation and appreciation of ASEAN's currencies against USD can foster ASEAN's trade balance in the long run. Short-run asymmetrical impacts as well as J-curve effect are found in the vehicle currency models only. The results are robust for the cases of EU-28 and EU-27.

• 무역학회지
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• 제44권2호
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• pp.203-219
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• 2019

Recently, the Trump administration initiated a new United States-Mexico-Canada Agreement (USMCA) that strengthened NAFTA's rules of origin to enhance protectionism while maintaining the framework of trade agreements rather than completely abolishing them. This study focuses on the behavior of firms motivated to influence the government to practice protectionist trade by analyzing the rules of origin verification and adopting the political economics model. This paper explains the process of endogenous determination of the stringency of rules of origin verification as a non-tariff barrier using the lobbying model. Comparative static analysis shows that the more efficient technology a domestic firm has and the more government prefers to raise political contribution, the more is verification likely to be strict. This suggests that a rationale exists to maintain a free trade agreement in the form of the new agreement (USMCA) without abolishing the current NAFTA regime.

• International journal of advanced smart convergence
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• 제11권2호
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• pp.171-184
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• 2022

The purpose of this paper is output oriented, in order to maximize the output level of sustainable development efficiency of foreign trade in western China with limited input. This paper adopts the relevant input-output indicators of sustainable foreign trade development of 11 provinces and cities in western China from 2016 to 2020, and uses DEA model to measure their technical efficiency, pure technical efficiency and scale efficiency. Malmquist index was used to calculate the total factor productivity change index of each province in western China from 2016 to 2020. We found that, on the whole, the average values of technical efficiency, pure technical efficiency and scale efficiency of provinces and cities in western China from 2016 to 2020 are greater than 0.8, indicating that the western region has high technical efficiency, relatively high management and institutional level and high existing scale level. Scale efficiency is lower than pure technical efficiency on the whole, indicating that the current sustainable development efficiency of foreign trade in western China is mainly limited by its scale level. The technological progress index is higher than the technological efficiency change index, indicating that the total factor productivity of the sustainable development of foreign trade in western China is mainly driven by technological progress and more influenced by external factors. We think the conclusion of this study can provide important reference information for the sustainable development of foreign trade of provinces and cities in western China.