• Title/Summary/Keyword: De Minimis

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International Arbitration and Forum Selection Agreements (법정지선택합의(法定地選擇合意)와 중재계약(仲裁契約)의 적용범위(適用範圍))

  • Kim, Sung-Hoon
    • Management & Information Systems Review
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    • v.9
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    • pp.165-177
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    • 2002
  • The purpose of this comparative study is to compare and evaluate international arbitration and forum selection agreements. Recent decades have seen an unparalleled expansion of global trade and investment. Business enterprises of every description ann find themselves entangled in legal proceedings with foreign companies or government entities. Thus, the costs of these proceedings and the consequences of losing are often substantial. Almost, every international commercial controversy poses a critical preliminary question - 'where, and by whom, will this dispute be decided?' the answer to this question often decisively affects a dispute's eventual outcome. It can mean the difference between winning and losing. between de minimis damages and a multimillion dollar award. The same dispute can have materially different outcomes in different forums. Because of the importance of forum selection, parties to international contracts often include contractual dispute resolution provisions in their agreements. These provisions significantly reduce the uncertainties inherent in international commercial disputes, and can offer a substantial measure of partisan advantage. as a consequence, it is almost always advisable to include a contractual dispute resolution provision in any international contract. These provisions typically take the form of : (1) forum selection clauses, or (2) arbitration agreements.

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A Focus on Textile and Apparel chapter in the KORUS FTA Rules of Origin (한.미 자유무역협정 섬유 및 의류산업 원산지 규정에 대한 고찰)

  • Park, Do-Joon
    • International Commerce and Information Review
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    • v.10 no.3
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    • pp.197-219
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    • 2008
  • The aim of this paper is to review KORUS FTA Rules of Origin. Although there are some differences in terms of structure and contents, KORUS FTA Rules of Origin is not much different from the other FTA's texts that Korea has already concluded. Textile and Apparel chapter is also separately specified. For textile and apparel goods, Korea and the US agreed to adopt 'yam-forward rule', allowing exceptions for certain goods. Both sides also agreed to introduce procedures for permitting to use non-Party's materials when fibers ryarns rfabrics are not available in commercial quantities. Overall evaluation on KORUS FTA is considered to be positive. Economically, KORUS FTA is expected to provide good opportunities for Korean companies to access the US market. Politically, Korea and the US can take advantage of KORUS FTA to reinforce the relationship between the two countries.

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How to Strategize ROO Schemes for Korea-Indonesia CEPA

  • Park, Hyun Chae;Lim, Mok Sam
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.60
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    • pp.257-279
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    • 2013
  • Nine FTA like Korea-Chile FTA, Korea-Singapore FTA, Korea-EFTA FTA, Korea-ASEAN FTA, Korea-India CEPA, Korea-EU FTA, Korea-U.S.A. FTA, Korea-Peru FTA and Korea-Turkey have been concluded and implemented in 46 countries as of May, 2013. In addition to these nine FTA, Korea has been negotiating FTA or CEPA(Comprehensive Economic Partnership Agreement) with China and Vietnam and Indonesia. Now Korean government is about to conclude FTA agreement with Indonesia which is one of crucial trading partners in Asian countries so the objective of this paper is to suggest how to design ROO schemes properly in such upcoming FTA agreement since more activation of trade and more utilization of FTA can be depend on the details of ROO schemes. As a result, this paper suggests well-design of ROO schemes as follows ; First, self-issuance origin proof system can be considered because authority-issuance origin proof system may reduce the utilization ratio of FTA. Second, combination of indirect and direct verification system in terms of origin verification system will be more preferable because this will be more fitting to Asian countries as considering trading environments and characteristics of Asian market. Third, criteria to determine origin can be based on wholly obtained plus substantial transformation system which contains CTC plus VC along with some percentage of de minimis. In addition to this, the number of products stipulated in PSR should be minimized and applied similar manner to avoid complexity of deciding origin.

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A Study on Effects of Zeroing on the Anti-Dumping Margin of Korean Stainless Steel (미국 제로잉 철폐가 한국 철창제품의 덤핑마진 하락에 미치는 영향)

  • Kim, Hong-Youl
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.301-323
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    • 2011
  • There have been 20 cases of trade disputes related to zeroing in WTO. In these day, it was judged that the use of zeroing in the calculation of dumping margin is against ADA. Recently, WTO decided in favor of Korea in regards to Korea's stainless steel products on January, 2011. There finally was a high possibility of zeroing being changed. In December 2010, the American government announced it would revise zeroing system through an federal register. Many researchers, such as Linsey and Ikenson(2000), William W. Nye(2009) already clarified through empirical analysis that no use of zeroing leads to a large decline in the margin of dumping. If zeroing is abolished in the future, the margin of dumping imposed on Korea's stainless steel will drop sharply. According to this empirical study, the margin of dumping in 6 stainless steel among 12 products commodities subject to Anti Dumping regulation from US reduced below de-minimis or 3%. These stainless steel is likely to be excluded from the Anti Dumping regulation through review investigation and Korea's export of steel to America is expected to be increased steeply in the future.

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An Investigation into the Nurturing Strategy of Korean Young Designers in the International Market Expansion - Based on London's Young Designers' Support Programs - (국내 신진패션디자이너의 해외시장 진출 전략 연구 - 영국 런던시의 지원 사업을 기초로 -)

  • Kim, Hye Eun
    • Fashion & Textile Research Journal
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    • v.18 no.3
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    • pp.272-281
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    • 2016
  • From the year 2000 on, Seoul has aimed to be a fashion city, and thus has been supporting young designers through Seoul Fashion Creative Studio, Generation Next, Le Dome, Concept Korea, etc. London is famous for nurturing young designers through the joint help of government, schools and industries: Alexander McQueen, Christopher Kane and Peter Pilotto are successful cases. Therefore, this research aims to suggest a direction for policies aimed at helping young designers in the international market, on the basis of London's nurturing programs and ideas from a literature review and case studies. The results are below. Firstly, a step-by-step supporting program is recommended. Secondly, long-lasting, sustainable programs are considered essential to support designers after the end of their contracts. Thirdly, practical assistance is preferred to monetary funding in order to lighten the designers' lot and in the interests of transparency. The mentoring service should be strengthened for the designers to eventually become independent. The support should be tailor-made according to items. Fourthly, the supporting programs should be promoted. Fifthly, government and industries should collaborate. Sixthly, 'de minimis' against overlapped support should be legislated. For these, the change of supporting method can be helpful; an independent administrative organisation plans and collects funds from governments and companies. Through these programs and any subsequent studies, Seoul could become a fashion city where young designers play active roles at a global level.