• Title/Summary/Keyword: Foreign Trade Law

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A practical approach to commercial arbitration system in Pakistan (파키스탄의 상사중재제도에 관한 실무적 접근)

  • Won, Sung Kwon
    • International Commerce and Information Review
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    • v.16 no.5
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    • pp.67-86
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    • 2014
  • The commercial arbitration is considered an effective and rapid means in solving problems and finding solutions for disputes between the business partners. For the development of commercial arbitration, there is a need to study arbitration in practice as well as in theory. This paper analyse the situation of commercial arbitration system in Pakistan both with respect to domestic laws and international laws applicable in Pakistan. The Arbitration Bill 2009 aims to consolidate law relating domestic arbitration, international commercial arbitration, recognition and enforcement of foreign arbitral awards as well as settlement of international investment disputes. Pakistan while defending investment claims and in order to restore investor's confidence, in 2011, Pakistan introduced a law to secure foreign investments. This study explains the relationship of old and new Pakistani arbitration laws and elaborates the changes brought about by the new enactments and gives a comprehensive analysis of Pakistani arbitration laws, rules and procedures dealing with arbitration agreements and awards. In the absence of relevant trade information in Pakistan, this paper is designed to meet the needs of a Korean international trade scholars to obtain an understanding of Pakistani commercial arbitration system quickly.

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A Study on Arbitration for Dispute Resolutions of the Commercial Transaction and the Investment in Central Asia (중앙아시아에서 무역과 투자분쟁해결을 위한 중재제도에 관한 고찰)

  • YU, Byoung-Uk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.68
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    • pp.123-148
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    • 2015
  • Central Asian Countries had been independent in 1991 from USSR. Since then it have been increasing foreign trade and investment amount with outside countries including China, Japan, EU and South Korea. Korean enterprises and entities have endeavored to secure plentiful natural resources, oil and gas energy and expand the market share to exporting the consuming and industrial competitive goods and services for those countries. In the case of disputes of commercial transactions and investment, arbitration is regarded as a dispute resolution system which has been preferred in international transactions and investments by the business world. Since the collapse of the USSR, Central Asian Countries have worked to modernize its arbitration law and procedure to conform with international standard rules. Arbitral legislation in Central Asian countries is based on the Model Law as adopted in 1985. However, CIS's legislation systems of arbitration are not satisfied with the international standard in national laws and practices. That is the reason to consider for the specific parliament about arbitration for the dispute resolutions in the commercial transaction and investment between Korean enterprises and CIS. In this article, it is discuss problems and its alternatives in the dispute resolution about the commercial transaction and investment into Central Asian countries including the tendency to the increasing the trade volumes of goods and investment between South Korea and CIS. According to this article, South Korea consider the long term strategy followed the preferred economic relative partnership for business success on commercial transaction and investment with the Central Asian Countries.

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A Study on Legal Characteristics of the Offer on the Web Sites (웹사이트상의 청약(請約)의 법적(法的) 성질(性質)에 관한 고찰(考察))

  • Park, Sung-Cheul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.27-42
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    • 2000
  • This study deals with more practical problems in Internet Trade. I considered the forms and contents of the offers on the current domestic and foreign web sites and clarified the legal characteristics of the web sites. As I pointed out, there are some problems of the offers of current web sites. So I suggested the alternatives. I have the view that the offers of current web sites titled by a host are not the firm offers but the invitation to offers. So, to make an enforceable agreement between parties, the host has to confirm the order. From the point of this view, it is reasonable to call the current offer on the web site the sub-con offer.

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The Effects of Electronic Commerce on the Freight Transport Industry

  • Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.40
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    • pp.147-167
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    • 2008
  • This paper investigates changing business transaction under the e-commerce environment and their implications on freight transport industry with some case studies. It shows that an efficient and reliable delivery system is essential for e-commerce as business industries are faced with the stricter and more diversified demands of customer. In addition, many aspects of business practices such as small batch, customized production and just-in-time distribution in the e-commerce environment, in turn, bring about a number of changes in the volume and service patterns of freight transport. E-commerce requires longer transport distances and often higher delivery frequencies. It also entails to a certain extent a modal shift towards truck and air freight transport modes. On the one hand, the logistical requirements of e-commerce goods may stimulate greater complexity in existing supply chain management, causing higher costs. However it is true that the increased visibility of goods through more efficient information flow allows more efficient and effective transport management in the logistics system.

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Consumer Evaluation of Country Image and Brand Personality under Export Marketing (수출마케팅에서 국가이미지와 브랜드개성에 관한 소비자 평가)

  • Lee, Bong-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.28
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    • pp.143-167
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    • 2005
  • This study suggests the necessity of effort to develop representative brands a unique personality in connection with country image. That is, brand personality adds brand identity to reliability and makes for stronger brand in the international market. It also furnishes the differentiation for guilding effective brand marketing. In summary, it is clear that country image and brand personality are strategic factors which should be considered by world enterprises and government in this era of globalization. In addition, the cross-cultural examination of country of origin effect and brand personality in connection with foreign consumers' selection is worthy of study.

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Utilization of Mediation under KCAB in International Commercial Disputes - Focusing on Comparison with AAA - (국제상사분쟁에서 KCAB 조정의 활용방안 - AAA와의 비교를 중심으로 -)

  • JANG, Eun-Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.91-112
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    • 2018
  • Mediation is one of several alternatives to litigation or arbitration. It is the most informal of the alternatives and the only one that gives the parties control over the outcome. The mediator in mediation is there to help the parties persuade each other that it is in their best interests to settle. As several advantages of mediation, it is considered as the fastest way to resolve a dispute because procedures associated with litigation are not imported into the process. In mediation, the client's resources are focused on resolving the dispute as opposed to building armaments of evidence to buttress legal and factual positions. The AAA commercial mediation rules and operations in the USA are very successful owing to professional training for mediators and simple procedures for mediation to the public. Comparison with USA mediation, KCAB mediation system has several weak points. KCAB mainly deals with administrative matters related to Foreign Trade Law. Therefore, it is necessary for KCAB to come up with more improved international commercial mediation. For example, mediation should be promoted to the public as who easily rely on litigation or arbitration. Second, Setting a rule for easy access to mediation is needed by bench marking AAA's mediation guidelines and operations. Third, professional mediators should be developed by establishing relevant ADR course in law schools. This article investigated some differences of mediation system between KCAB in Korea and AAA in USA, and present some suggestions in order to promote International commercial mediation in KCAB.

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Protection of Information Sovereignty as an Important Component of the Political Function of the State

  • Zadorozhnia, Halyna;Mykhtunenko, Viktoriia;Kovalenko, Hanna;Kuryliuk, Yurii;Yurchenko, Liubov;Maslennykova, Tetiana
    • International Journal of Computer Science & Network Security
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    • v.21 no.9
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    • pp.151-154
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    • 2021
  • State information policy is an important component of foreign and domestic policy of the country and covers all spheres of society. The rapid development of the information sphere is accompanied by the emergence of fundamentally new threats to the interests of the individual, society, state and its national security. The article considers the components of the state information policy to ensure information security of the country and identifies the main activities of public authorities in this area. Internal and external information threats to the national security of Ukraine and ways to guarantee the information security of the country are analyzed. Information security is seen as a component of national security, as well as a global problem of information protection, information space, information sovereignty of the country and information support of government decisions. Approaches to ensure the process of continuity of the information security system of the state in order to monitor new threats, identify risks and levels of their intensity are proposed.

A Study on the Disputes Settlement Clause in the Defense Procurement Contracts (국방조달 계약에서의 분쟁해결 조항에 관한 연구)

  • Shim, Sang-Ryul
    • Journal of Arbitration Studies
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    • v.21 no.1
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    • pp.157-181
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    • 2011
  • The term of defense procurement is used indifferently from defence acquisition. It consists of two sectors : domestic defense procurement and foreign defense procurement. For efficient and transparent defense procurement, Defence Acquisition Program Law in Korea suggests some principles including the purchase of domestically manufactured munitions in the first instance, and the Defense Acquisition Program Administration(DAPA)'s direct procurement of munitions, etc. By reviewing the characteristics, process, current situation and model contracts of defense procurement, it is found that domestic procurement contracts only propose the legal approach instead of arbitration and foreign procurement contracts suggest confusedly both the legal approach and arbitration for amicable disputes settlement. Therefore, it is quite recommended for arbitration organizations such as the Korean Commercial Arbitration Board(KCAB), the Korean Arbitrators Association(KAA), and the Korean Association of Arbitration Studies(KAAS) to foster a variety of strong awareness campaign, education and consulting programs, etc. for the popular use of arbitration clause. It will contribute to settle any disputes and controversies between the parties more speedy, economically and rationally, thereby reducing the costs, time and pains for solving them.

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A Study on Human Resource Management Strategy of Foreign Shipping and Port Logistics Companies under the China's New Labor Contract Law - Focus on Contents and Countermeasures - (중국 신노동계약법 시행에 따른 외자 항만물류기업의 인적자원 관리전략에 관한 고찰: 주요 내용과 대응방안을 중심으로)

  • Han, Byoung-Sop;Kim, Byoung-Goo
    • Journal of Korea Port Economic Association
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    • v.24 no.2
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    • pp.43-69
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    • 2008
  • The labor contract Law has been prepared as an important solution for social stability. After long disputes around the orientations of the law, On June 29, 2007, the new Chinese labor contract law is passed. This law reflects the changing labor relations because of economic reforms like restructuring of the state-owned enterprises and so on. This law contains more market-oriented clauses that are supplemented by corporatist scheme supported by trade unions than the first draft. This law emphasize labor's rights and interests to remove prior labor contract problem. So Chines government see this law as standard law to restructure social relationship and also require firms to corporate social responsibility. Therefore, implementation of the new Chinese labor contract law bring about increasing labor cost, infringement of autonomy for human resource management, rigidity of industrial relations. Under these situation, Korean shipping and port logistics companies need to introduce management system of minimized employment, prepare human resource management in response to long-term employment, maintain favor relationship with trade union, and set up counteiplan about risk of a labor dispute.

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Meta Analysis of International Commerce and Information Review (통상정보연구 메타분석)

  • Lee, Hohyung
    • International Commerce and Information Review
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    • v.19 no.2
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    • pp.259-273
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    • 2017
  • This study is a meta-analysis of the articles published over the last 18 years from the first edition of the "International Commerce and Information Review" to December 2016. 1047 papers were published in "International Commerce and Information Review" until 2016. Many articles appeared in the order of electronic trade field, product and service innovation field, regional trade information field, trade law system field, and trade negotiation field. There are more than 15 major fields of authors who have published more than 20 papers."International Commerce and Information Review" is a multi-disciplinary journal by scholars in various major fields. Most of the authors belong to universities and the proportion of papers that receive research grants is 19.7%. 46 authors have published more than 5 papers in "International Commerce and Information Review", and their H-index is 5.6. Influence Index (IF) of the "International Commerce and Information Review" in 2016 is 1.02. The main keywords of the papers published in "International Commerce and Information Review" are e-commerce, Internet, service trade, China, e-trade, Korean Wave, FTA, SME and foreign direct investment.

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