• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.239-255
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• 2009

The purpose of this article is to examine the Utilization of Umbrella Clauses in Investor-State Contract Disputes. To accomplish the purpose, this article analyzes the ICSID case of SGS v. Pakistan and SGS v. Philippines. Umbrella clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. In particular, two recent ICSID decisions, SGS v. Pakistan and SGS v. Philippines, have brought to the forefront the question of whether the umbrella clause applies to obligations arising under otherwise independent investment contracts between the investor and the host State. In focusing on the SGS decisions, this article will give some useful guidelines to Government and Academia under currently prevailing environment of the Free Trade Agreement("FTA") in Korea.

• International Commerce and Information Review
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• v.13 no.2
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• pp.205-234
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• 2011

The study analyzes the shifts of international competition in the digital products market between South Korea and major FTA partners. The analysis utilizes trade statistics to calculate changes in the volume of trade, and in competitiveness between FTA partners. The target countries for this analysis include USA and the European Union with whom Korea has made agreements recently, and the period is set for the decade from 2000 to 2009. The trade records of the UN are employed to investigate the indexes of each country: trade structure and market share of digital products, the trade specialization index (TSI), and annual change of revealed comparative advantage index (RCA) against global market and both the American and EU markets. This analysis shows clearly the status quo of the development and growth of the international competitiveness of South Korea. The study will improve the understanding of international competitiveness in digital products and contents industry, which is rapidly evolving, and of the resulting industrial structure.

• East Asian Economic Review
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• v.20 no.3
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• pp.279-309
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• 2016

The proposed Trans-Pacific Partnership (TPP) is a free trade agreement among 12 Pacific Rim countries whose joint gross domestic products (GDPs) account for 36 percent of world GDP and whose mutual trade accounts for approximately 24 percent of world trade. As for most proposed free trade agreements (FTAs), trade economists have provided ex ante computable general equilibrium (CGE) estimates to predict the trade, employment, and real per capita income effects of this agreement, such as ITC (2016). This paper-intended to complement these studies-examines the potential impacts of TPP beyond such traditional CGE estimates, taking a broader economic, governance, and historical perspective. First, we contrast these traditional CGE trade and welfare estimates that treat all firms within an industry as homogeneous with more recent CGE analyses that allow firms' productivities to be heterogeneous. We show that the latter models' trade predictions are much more consistent with ex post empirical evidence of average trade effects of FTAs. Second, empirical evidence now strongly confirms the existence of FTA "contagion." We review this evidence and show that predictive models of the evolution of FTAs indicate that the TPP should be formed. With China now having formed 12 FTAs and negotiating five new ones (including a sixteen member Asia-Pacific FTA), the United States would likely face considerable trade diversion without the TPP. Third, we examine empirical evidence on the likely further economic growth implications of FTAs by reducing firms' uncertainty over trade relations and trade policies. Fourth, we examine empirical evidence on the additional impact of FTAs on consolidating democratic institutions in countries. The TPP would likely help consolidate some of the less mature democracies. Fifth, we examine empirical evidence on the reductions of conflicts (and enhanced peace) between countries owing to the formations of FTAs. We conclude the paper noting that the potential net benefits to member countries of the proposed TPP extend well beyond the real income gains to households based upon traditional CGE models.

• Asia-Pacific Journal of Business
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• v.11 no.4
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• pp.303-315
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• 2020

Purpose - The purpose of this study is to analyze Korea's trade relations centered on the Pacific Alliance (PA), a major economic integration in Latin America, and identify its problems and suggest measures that can be taken by the government and corporations to reinforce economic cooperation. Design/methodology/approach - To improve the level of contribution of the study, an empirical analysis is necessary. However, due to limited data access, the study will approach the topic of trade relations between Korea and the PA with various statistics and literature. Findings - First, there is an urgent need for changes in import-export goods between Korea and the PA, as trade is focused on specific items. Second, although foreign direct investment from Korea to the PA is centered in manufacturing and mining industries, there should be different investment strategies by countries and industries. Third, it is necessary to reinforce commercial cooperation. Korea currently has Free Trade Agreements with Chile, Peru, and Columbia, but not with Mexico, the largest trading partner among the PA. Therefore, Korea must take active measures to sign an FTA with Mexico, which has been put on hold. Research implications or Originality - Latin America has the most thriving market when it comes to Free Trade Agreements worldwide. With the official establishment of the Pacific Alliance (PA) in 2012, the economic integration of Latin America faced entirely new circumstances. Reinforcing economic cooperation with the PA is extremely important for Korea in terms of entering and dominating the Latin American market. However, there is still a lack of research on the Pacific Alliance, and corporations that aim to enter the Latin American market face difficulties due to lack of information. By investigating the Pacific Alliance and its prospects and analyzing the trade relations with Korea, this study will provide strategic measures for corporations that wish to enter the Latin American market.

• Journal of Korea Trade
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• v.27 no.5
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• pp.153-166
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• 2023

Purpose - This research empirically analyzes the influence of economic policy uncertainty and free trade agreements (FTAs) on bilateral trade volumes between Korea and its trading partners. The study investigates whether fluctuations in the Economic Policy Uncertainty Index (EPUI) for both Korea and its trading partners significantly impact trade volumes and whether the implementation of FTAs mitigates these effects. Design/methodology - The study employs dynamic panel data analysis using the system generalized method of moments (system GMM) estimation method to achieve its research objectives. It utilizes country-month-level panel data, including the EPUI, trade volume between Korea and its trading partner countries, and other pertinent variables. The use of system GMM allows for the control of potential endogeneity issues and the incorporation of country-specific and time-specific effects. Findings - The analysis yields significant results regarding the impact of economic policy uncertainty on Korea's exports and imports, particularly before the implementation of FTAs. An increase in the EPUI of trading partners leads to a notable increase in Korea's exports to them. Conversely, an increase in Korea's EPUI negatively affects its imports from trading partners. However, post-FTA implementation, the influence of each country's EPUI on trade volume is neutralized, with no significant difference observed. Originality/value - This research contributes to the existing literature by providing empirical evidence on the interaction effects between economic policy uncertainty and FTAs on bilateral trade volumes. The study's uniqueness lies in its examination of how FTAs mitigate the impact of economic uncertainty on trade relations between countries. The findings underscore the importance of trade agreements as mechanisms to address economic risks and promote international trade relations. In a world where global market uncertainties persist, these insights can aid policymakers in Korea and other countries in enhancing their trade cooperation strategies and navigating challenges posed by evolving economic landscapes.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.493-518
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• 2011

The term rules of origin(RoO) actually speaks for itself, referring to the rules which determine the origin of goods in international trade. The importance of RoO has grown significantly as preferential agreements expand and countries have treated similar imported goods differently according to where the product was made. The purpose of this paper is to study the main case study and its implication of RoO in FTAs. According to survey, the degree of using FTAs in Korea export firms is sharply low. Major reasons are that rules of origin differ from country to country in the FTAs, and that Korean firms have yet to work out what the RoO are. Chapter II of this paper views criteria of the determination country of origin of goods. Chapter III introduces the main case study of FTA rules of origin. Chapter VI presents implication through the case studies and finally concluded this study. In conclusion, Korea needs to build up its own position for rules of origin and provides rules of origin experts into the market. In-depth study and evaluation about Korea's existing FTAs RoO should be carried out to prepare for future FTAs.

• Korea Trade Review
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• v.44 no.6
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• pp.327-344
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• 2019

This paper explores the hub-and-spoke system as the structure of the global economic network that presents obstacles for international cooperation. With its exclusive jurisdiction and control over the hub, a powerful state can employ coercive economic measures to compel and deter unwanted behavior of rogue states and even its allies. Against this backdrop, this study analyzes the cases of the US blocking access to its market by Chinese Huawei as well as the case of Japan in restricting trade for highly advanced goods to South Korea. This analysis reveals that both measures are forms of secondary boycotts, which affect not only the entities within their jurisdiction but also others located in third countries. In addition, this paper extends its findings to free trade agreements and offers implications on the outward processing scheme for the Gaeseong Industrial Complex in the KORUS FTA and the Korea-China FTA. These events result in a gray-risk for South Korea, a country that aims to resolve North Korea's denuclearization and inter-Korean economic cooperation.

• Journal of Korea Trade
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• v.25 no.6
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• pp.1-19
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• 2021

Purpose - This paper aims at analyzing the functions and effectiveness of the cooperation agenda in Free Trade Agreements (FTAs), focusing on the cases of Asian countries. This paper estimates the contribution of this agenda to the sustainable development in Asia by providing the 'side payment' of the economic integration that encourages foreign investment and change in global value chains (GVC). Design/methodology - This study analyzes the functions of the cooperation chapter in FTAs by applying the cooperative game theory and reviewing the structures of the related FTAs. Also, as an empirical study, the existing FTA provisions and related development assistant programs in Asia are reviewed in this paper, especially focusing on the FTAs signed by Korea. Findings - Our main findings can be summarized as follows: The drawback of the economic integration, which would be the imbalanced economic benefit, can be redressed by the cooperation chapter in FTAs functioning as a 'side payment'. Indeed, as the examples of Korean FTAs show, more foreign investment and the GVC expansion in Asian countries have been encouraged thanks to the implementation of the cooperation chapters. Originality/value - This paper attempts to find how a legally binding agreement would influence the cooperation agenda in Asia which has never been analyzed despite the increasing number of so-called 'cooperation' chapters in the FTAs.

• Korean journal of communication and information
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• v.35
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• pp.36-86
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• 2006

The industrialization and globalization in the field of broadcasting are rapidly proceeded by extension of multilateral agreement as GATT and WTO, and by expansion of bilateral FTA. The broadcasting gets important in the industries according to the change of broadcasting environment grounded on industrial logic. As the broadcasting products become an important article of trade, broadcasting industry is the best bet in the cultural industries. In the international trade, the USA and Japan will treat cultural products the same as common goods and keep in the frame of free trade. On the contrary, the EU nations and Canada take a position that the cultural products are common goods and also public goods at the same time, and that therefore the cultural products will be excepted from the free trade. But this so called cultural exception, which is formed in the multilateral free trade agreement, is merely a temporal countermeasure, not a fundamental alternative especially in the present circumstances of DDA negotiation of WTO and of enlargement of FTA by the USA. So a nation shall carry out policies for cultural identity and cultural autonomy by the guarantee of Cultural Diversity Agreement of UNESCO, and organize a new cultural exchange order which substitutes the trade order by trade agreements.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.3
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• pp.117-130
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• 2011

In a situation where worldwide free trade between countries has expanded recently, our country is being rapidly pushed FTA agreements with the financial developed countries such as United States, EU. According to the agreement, the user information of foreign financial companies in Korea is expected to be transfered overseas. In this paper, we need to define the scope and the definition about the transfer of information and analyze the relating domestic and foreign laws preparing for Cross Border Financial Information Transfer. Also, we review the expected issues about the transfer of information divided into institutional and technical sectors and arc presented the policy implication such as differentiation of regulatory information, enactment and amendment of Personal Information Protection Law(Draft) and related regulations, ensuring the safety of financial companies, raise the standard guidelines of the transfer of information. We refers to the needs for policy formulation to differentiate our privacy information from financial information to protect the privacy of users. The proposed countermeasures in this paper is expected to be helpful the measures to prepare for other institutions such as banks and supervisory authorities prepare for the future Cross Border Financial Information Transfer according to PTA.