• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.215-232
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• 2005

China had revised Foreign Trade Law in order to fulfill its WTO commitments and duties, and fully exercise its rights and benefits as a WTO member. The main contents of the revised Foreign Trade Law as followed. For the first time, individuals are allowed to conduct foreign trade. Intellectual property is an important component of foreign trade, and protecting intellectual property rights is a key issue. A chapter on Intellectual property protection is one of the major additions to the Foreign Trade Law. New sections have also been added to allow and provide guidance for conducting investigations and seeking relief. Finally, the new law beefs up and clarifies enforcement procedures. It regulates the setting up of early warning and emergency systems and a foreign trade statistics system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.303-325
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• 2008

China's "Foreign Trade law" 16.4 revised in 2004 like "Foreign Trade law" 16.2 in 1994 is still stipulated resource restriction to protect domestic resources and it does not satisfy the introduction of article 20 and section (g) of GATT 1994. Through an interpretation of related regulations and China-EU cokes dispute, the paper points out that China's "Foreign Trade law" 16.4 has no validity of the introduction of article 20 and section (g) of GATT 1994. Comparing China's "Foreign Trade law" 16.4 to GATT 1994 20(g), China's "Foreign Trade law" 16.4 does not include important conditions of GATT 1994 20 introduction such as not being arbitrary or unjustifiable discrimination and disguised restriction on international trade. For example, based upon China's "Foreign Trade law" , if she restricts or prohibits important natural resources that Korea mainly relies on China, it will effects not only trade between two countries but also our lives and securities. Hence, it is highly time to analyze China's the Validity of the China's Resource Export-Quota Restrictive Measures under the GATT/WTO. In the process of resolving China-EU cokes dispute in 2004, ministry of Commerce of China shows well its characteristics of dispute settlement and also we can find out EU's logical countermeasures. Therefore, because of the high possibility of disputes between Korea and China in the area of natural resources, Korea needs to pay attention to the China's resource protecting policies, and if it violates GATT 1994 20 introduction and (g), we should consider to sue China to WTO. The paper believes that it will play an important role as an aggressive demand and effect on amendment of China's "Foreign Trade law" in the long term.

• The Journal of Information Technology
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• v.4 no.2
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• pp.137-154
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• 2001

Years in preparation, the revised law on Foreign Trade Law of Korea came into effect on March 1, 2001, adopted at the Congress on June 17, 2000. The purpose of this Act is to contribute to the growth of the national economy by means of contriving to maintain the balance of international payments and to expand commerce, and through promoting foreign trade and establishing fair trade system. Particular, revised Foreign Trade Law of Korea shall be based on the general provisions on transactions of exports or imports and measures for promotion of electronic Trade. Because electronic trade is not bound by physical geography provides a fundamentally new way of conducting commercial transactions, therefore Korea importers and exporters need to be aware of the character and problems that may occure from what was above-mentioned revised Foreign Trade Law of Korea. In the thesis, i tried to explain and survey the character and evaluation of revised Foreign Trade Law in Korea with particular attention to revised frameworks for electronic commerce on focus legal and commercial problems.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.185-207
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• 2014

There are over 20 administrative rules related to Korea Foreign Trade Act including Export and Import Notification, Consolidated Notification, Notification for Strategic Materials and so on. The purpose of this research proposes to reform some administrative rules related to Korea Foreign Trade Act. First, the administrative rules are a little many and hidden in part, so the effort need for simplification and publication. Especially Export and Import Notification is no need more, and some articles can be transfer to the similar notification. Second, the prohibited or regulated items are only 135, and the reason is cooperation to world trade policy and Korea trade purpose. The item number of trade limitation are decreased sharply compare to several decades, but we still effort to decrease. Third, There are 2 tracks trade regulation both Korea Foreign Trade Act and 57 specific acts. The number of trade limitation item is over 5,000, so it is impossible to control by Consolidated Notification. The role of Consolidated Notification is the just guides for Export and Import, so trader has to use the specific trade-related law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.327-358
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• 2014

During the past decade after entering the World Trade Organization (WTO), China has quickened its integration into the global economy while its foreign trade has been further invigorated. On the 10th anniversary of China's accession to the WTO, the Chinese government issues White Paper to give a comprehensive introduction to China's foreign trade development. Through this paper, the Chinese government introduces I. Historic Progress in China's Foreign Trade II. Reform of and Improvements to China's Foreign Trade System III. The Development of China's Foreign Trade Contributes to the World Economy IV. Promoting Basically Balanced Growth of Foreign Trade V. Constructing All-round Economic and Trade Partnerships with Mutually Beneficial Cooperation VI. Realizing Sustainable Development of Foreign Trade. At present, the underlying impact of the international financial crisis, the protracted, arduous and complicated nature of the world economic recovery is manifesting itself, and the global economic structure and trade layout face in-depth readjustment. China will make new adjustments to its foreign trade, in an effort to turn foreign trade from scale expansion to quality and profit improvement, and from mainly relying on its low-cost advantage to enhancing its comprehensive competitive edge, thereby turning China from a big trading country to a strong trading power. China's foreign trade is still hampered by many uncertainties and is bound to meet new difficulties and challenges. During the 12th Five-year Plan period China will open itself wider to the outside world as a driver for further reform, development and innovation, make full use of its advantages, strengthen international cooperation in all respects. And at the same time China integrate itself into the world economy on a wider scale and at a higher level. China is willing to work with its trading partners to cope with the various challenges facing the world economy and trade, and promote its foreign trade to realize a more balanced, coordinated and sustainable development, and share prosperity and mutually beneficial results with its trading partners.

• The Journal of Industrial Distribution & Business
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• v.11 no.8
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• pp.21-29
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• 2020

Purpose: As one of the most developed cities in China, the application of e-commerce is more mature, especially the promotion of ecommerce to foreign trade. After the establishment of Shanghai Free Trade Zone (FTZ) in 2013, the government issued a series of policies to promote the application of e-commerce in Shanghai's foreign trade. This paper takes Shanghai FTZ as an example to study how to develop the application of e-commerce in other free trade zones and how to innovate the international trade mode. Research design, data and methodology: This paper selects the latest data from 2010 to 2019, uses econometric correlation analysis and regression analysis to study the impact of e-commerce on the foreign trade of Shanghai FTZ. Results: At last, the conclusion is drawn that the establishment of free trade zone provides many advantages for the development of e-commerce in Shanghai, and the growth of e-commerce in Shanghai FTZ promotes the development of foreign trade of Shanghai FTZ. Conclusions: So as to promote the development of e-commerce in Shanghai Free Trade Zone, some suggestions are put forward, such as increasing network supervision, establishing e-commerce talent training system, logistics management and information management systematization.

• Journal of Arbitration Studies
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• v.27 no.3
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• pp.95-107
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• 2017

Mongolian government enacted the Foreign Trade Arbitration Law to modernize the practice of commercial arbitration. Nevertheless, the Foreign Trade Arbitration Trade Law fell short on a number of fronts and arbitration itself remained a distant second option to litigation within Mongolia. Law on Arbitration of 2003 aimed to modernize the Mongolian arbitration framework so that it would mirror the UNCITRAL Model Law on International Commercial Arbitration. At the same time, the Law on Arbitration 2003 made a conscious decision to deviate from international norms with respect to certain aspects in order to accommodate for the unique circumstances and characteristics of Mongolia. For example, unlike its UNCITRAL counterpart, the Law on Arbitration of 2003 did not include an exhaustive list of grounds for refusing the recognition and enforcement of arbitral awards. In that sense, the Law on Arbitration of 2003 was a resounding success and a drastic improvement on the Foreign Trade Arbitration Law. These factors convinced the Mongolian government to once again revise its arbitration law. This process, which started in 2008 with the help of foreign law firms and institutions, ultimately culminated in the Law of Arbitration of 2017. The chief objective of the Law of Arbitration of 2017 was to more closely adhere to preexisting international norms on arbitration such as the Model Law on International Commercial Arbitration, and there is no question that Mongolia has succeeded in doing so. This article thus concludes by explaining some of the noteworthy improvements made by the 2017 revisions, and by noting that Mongolia is now equipped with a truly international legal framework for arbitration.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.65-86
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• 2006

In general, goods can be defined as objects, devices or things, whereas services can be defined as deeds, efforts or performances. Ultimately, the primary difference between goods and services is the property of intangibility - lacking physical substance. Recently, service industries span a wide variety of enterprises, from hamburgers to high technology. And the rules-based multilateral trading system so successful in reducing barriers to international trade in goods is now being expanded in the area of international trade in services. Therefore, the Korean Ministry of Trade, Industries and Energies has revised the Korea Foreign Trade Act and its Enforcement Ordinance to focus on expanding trade in service sectors, including transportation, communications, tourism services, and business services.

• International Commerce and Information Review
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• v.11 no.2
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• pp.173-201
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• 2009

As a result of overemphasizing the goods sector in trade structure, Korea does not meet properly the global trend which has the key role of 'trade in services' as the service economy have been expanded. Hereafter, it is easily forecasted that trade in services will be one of the main factors for Korea's competitiveness and engine of growth. Nevertheless, because Korea does not equip the concreteness of governance for trade in services, it is possible that the efficiency deterioration of trade volume, confusion of Korea's trade policy, conflict among trading countries, and discordance between the interested parties may be occurred. This paper analyzes the governance system of Korea for trade in services in order to enhance the competitiveness reflecting the importance of trade in services and to draw some strategies for remodeling the service governance system. It is expected to raise the efficiency of Korea's trade policy by constructing the systematic governance for trade in services, and to remove lots of latent risks during global transactions by improving the imbalance between manufacturing and service part for the development of trade in services in Korea. Analysis revealed itself the result that Korea is weak enough to can not identify the governance system about trade in services. Except 'Extent of Services' article of the Foreign Trade Act, Korea has not prepared the governance system for trade in services so that governance system have been scattered overly or decentralized. Problems about trade in services are not limited to enterprise's side, but extended to all the players including government agency whole, academic world and research institute. Therefore, the governance of trade in services should be strengthened and systematized by making the model law for trade in services(provisional name : Master Law for Trade in Services or Promotion Law for Trade in Services) by formatting type of fundamental law or separate legislation. If the bill legislation does not meet the conditions, the Foreign Trade Act should be totally reformed to Omnibus Trade Act concept including trade in services.

• Journal of the Korea Society of Computer and Information
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• v.28 no.12
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• pp.267-279
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• 2023

The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.