• Journal of Korea Port Economic Association
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• v.36 no.4
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• pp.93-106
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• 2020

Trade is an important economic activity. In particular, since the establishment of the World Trade Organization (WTO), the scope of trade has been expanding due to events such as the entry of China into the WTO in 2001, the establishment of a multilateral trading system, mitigation and integration of trade barriers, and the establishment of the free trade agreement (FTA). Despite the expansion of the trade market, however, extreme events such as the 2008 global financial crisis, the 2016 Brexit, and the 2018 US-China trade war have had a direct negative impact on the trade market. Therefore, the present this study analyzed the dependence structure between the international shipping freight rate index, a variable representing trade activities, and the trade uncertainty between the US and China. The following is a summary of the analysis results. First, the US-Chinese trade policy uncertainty and international shipping freight rate index presented a Frank copula and rotated Clayton copula 270° distribution, respectively, showing the same distribution structure for each country. Second, the Kendall's tau correlation revealed a negative dependence between the international shipping freight rate index and US-Chinese trade policy uncertainty. The degree of dependence was greater in the combination of uncertainty in China's trade policy and international shipping freight rates. In other words, the dependence of global demand and trade policy uncertainty confirmed that China was stronger than the US. Finally, the tail dependence results revealed that the US-Chinese trade policy uncertainty and international shipping freight rates were independent of each other. This means that extreme events related to the trade policy uncertainty or international shipping rate index were not affected by each other.

• Journal of Korea Trade
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• v.23 no.4
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• pp.80-102
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• 2019

Purpose - This paper aims to articulate relationship about factors influencing FTA utilization by dividing them into company's external and internal factors and performing investigation on the relationship between FTA utilization and export performance. Design/methodology - This study verified factors influencing FTA utilization by dividing them into company's external and internal factors and performing investigation on the relationship between FTA utilization and export performance. Empirical analysis was performed by setting internal and external factors required for FTA utilization as variables. To achieve this, research model was established based on previous study, hypothesis was deduced, and statistical program were used to test the hypothesis. This study performed empirical analysis using statistical program of SPSS 18.0 and AMOS 18.0 for the research model. Findings - Empirical analysis was performed regarding the effect of the FTA utilization on export performance and previous study defined export performance as the company's increased economy benefits through export and increase in new transactions. Analysis was also performed for factors affecting the FTA utilization by the company and through management and response of external factors and internal factors it was confirmed that the FTA utilization by the company led to increase in the company's export performance as a result. This study proposes a method to achieve export performance based on this. Originality/value - Companies seeking to utilize the FTA sign the Contract for the International Sale of goods and there are many conditions to meet in order to receive trade preferences during the transaction process. Existing trade order and order in the FTA have to be followed. Country of origin can be seen as key in the FTA. The Rule of Origin becomes the most important evaluation standard in applying preferential tariff in the FTA. Such regulations can be seen as external factors which cannot be controlled by the company. Internal factors are capabilities owned before that can be controlled by the company. The study sought to test the variables regarding factors centered on such capability. This study verified factors influencing FTA utilization by dividing them into company's external and internal factors and performing investigation on the relationship between FTA utilization and export performance.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.221-241
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• 1998

Though the arbitration agreement is a means to resolve disputes autonomously in essence, the Principle of Parties Autonomy and the Principle of Free Contracting can not be applied infinitely without any limitations but subject to the Public Policy and the Compulsory Provisions as established by an interested country. Such principle of law is applied to international arbitration agreements as well, but their validity should be determined by different standards from those in domestic arbitration agreements, in consideration of their internationality. The essential effect of arbitration agreement is to exclude from the jurisdiction of State courts. Depending upon definition of the legal nature of arbitration agreement, the range and contents of the effect of such agreement will vary. Whether State courts can intervene in claims related to Compulsory Provisions is an issue at the level of legislation policy which can not be easily concluded. But, the applicability of Compulsory Provisions can not serve as an imperative ground to deny the eligibility of claims for arbitration, so far as such claims can be disposed of by the parties. On the other hand, it is reasonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution to be delegated to arbitrator, so that the Principle of Parties Autonomy can be widely applied throughout the arbitration procedure as well as with other legal acts on private laws. With this, the parties can enjoy an arbitration award appropriate for characteristics of a specific arbitration agreement, thus resulting in facilitating the use of arbitration procedure for international trade activities. To conclude, the Public Policy and the Compulsory Provisions as limitations on arbitration agreement should be applied to such an extent that they can protect States basic moral faith and social order.

• Journal of Korea Trade
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• v.27 no.3
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• pp.21-42
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• 2023

Purpose - This paper investigates the trade effect of the Korea-China Free Trade Agreement (KCFTA) which coincides with political conflicts between the two countries due to the deployment of the Terminal High Altitude Area Defense (THAAD) in Korea. The two events occurred in the same year and both are likely to affect trade between two countries but in opposite directions. Therefore, it is crucial to distinguish between the trade effects from the KCFTA event and those from the THAAD event to evaluate the true FTA effects. However, this would be difficult when using only annual data. Accordingly, ex post studies to examine the trade effects of KCFTA are lacking in trustworthiness while many ex ante studies that conjecture the positive trade effects neglect the THAAD deployment impact. This paper aims to fill that gap. Design/methodology - Given that the KCFTA and THAAD events occurred in the same year but in different months, we use the monthly data from 2000 to 2019 of Korea's exports to bracket this period. We employ the difference-in-difference (DID) method within a gravity equation specification that uses hi-dimensional fixed effects to address various endogeneity issues and seasonal effects. We identify the net impact of KCFTA ratification from these two near-simultaneous events to quantify the effects of trade liberalization between these two countries. Findings - After isolating the THAAD effects on trade, the analysis creates a positive and statistically significant coefficient estimate of the KCFTA impact. In contrast, failing to isolate the THAAD effect produced a negative and statistically significant coefficient estimate of the KCFTA impact. Our results indicate that KCFTA independently increased Korea's exports to China by 10.2%, but that this increase was fully mitigated by the THAAD event. Further, our results verify that unobserved heterogeneity and multilateral resistance are technically difficult to account for in those estimations as that rely solely upon annual data, as this type of data are inadequate to control for the potential for endogeneity. Originality/value - This paper is one of the first studies to carefully evaluate the net trade effects of the KCFTA on Korea's largest trading partner while isolating the impact of simultaneously occurred political events that may influence trade in opposing directions. Our findings indicate that the lack of prior evidence of positive trade effects of the KCFTA when using annual data may be attributed to a failure to identify the impact of each event separately. This analysis supports using the correct modeling specification to avoid misleading conclusions when evaluating any important international trade policy.

• Journal of Environmental Policy
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• v.1 no.1
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• pp.25-45
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• 2002

Opening of trade relationships through an increasing number of international free trade agreements and the now defunct General Agreement on Tariffs and Trade has resulted in an increase the number of the species being exchanged in the world. In the last 20 years, international environmental laws have multiplied and a number of treaties address harmful non-indigenous species (NIS) directly with specific provisions, while other treaties deal with related environmental issues and indirectly affect international regulation of NIS; however, such treaties are weak due to lack of enforceability. From the stand point of national law, many countries including the USA, Australia and New Zealand enforce national laws and regulations to protect biological resources. Typical strategies include : 1) strengthening quarantines to prevent unintentional and illegal introduction of harmful NIS, and 2) developing technologies for managing harmful NIS. However, the recent international trend for managing NIS has shifted. In 2002, the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefit Arising out of their Utilization was adopted at the 6th Conference of the Parties to the Convention on Biodiversity. One major issue highlighted in the document is that "there is no more free of charge to get a biological resource from other countries". The Bonn guidelines will affect international and national NIS regulatory systems because the NIS is a potentially disrupts ecosystems as well as native species. A number of impacts are expected including the revamping of national biodiversity policy regimes in many countries in the world. In particular, the ROK, which is not very biologically diverse, has to evolve national laws to protect valuable ecosystems from NIS. In the meanwhile, national rights of using beneficial indigenous and non-indigenous species as biological resources should be considered through the investigation and national registration of NIS around the world for the promotion of the biotech industry.

• International Area Studies Review
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• v.13 no.2
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• pp.573-600
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• 2009

Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.

• Journal of Convergence for Information Technology
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• v.11 no.10
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• pp.93-100
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• 2021

With the spread of digital trade, the share of digital trade under the global trade environment is increasing. However, since there is no international digital trade standard, the discussion to establish a new trade rule has important significance. Countries around the world are implementing digital trade policies in consideration of their own interests, but different regulatory policies are causing trade conflicts. In order to provide safeguards against personal information infringement due to the free movement of data across borders, major countries around the world have taken measures to localize data, and the EU has enacted GDPR. And the United States regards the imposition of the digital tax as a trade barrier, and some countries oppose the implementation of the digital tax for fear of negative impact on their countries. However, discussions on the global digital tax, centered on the OECD and the G20 are making progress. As it is highly likely that a digital tax agreement will be drawn up within this year, countermeasures must also be prepared. Therefore, this study presents implications for the future direction of Korea's trade policy by examining recent trends in digital trade norms and analyzing major issues in digital trade.

• International Commerce and Information Review
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• v.15 no.2
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• pp.207-232
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• 2013

FTA(Free Trade Agreement) of South Korea and European Union(EU) took effect from July 1, 2011. Korea signed a contract FTA with the European Union by first among Asian country, and Korea EU FTA is evaluated that it is wide, comprehensive and high level FTA. Therefore, Korea EU FTA will become FTA that dimension is high, and FTA fermentation with the European Union may activate the Korean economy through extension of export. By the way, in Korea EU FTA, the stipulations on import and export clearance system is different compared with other FTA. Therefore, exporter and importers should compare thoroughly on essential factor of origin standard and preferential tariff which is set in FTA Agreement. In this study, I analyzed 'conditions of direct transport' that is prescribed in article 13 of Korea EU FTA. Particular, I analyzed recently example of appeal for review that decision is made in the Korea Customs Service(KCS). Laying stress on counter measure of business, conclusion in this study is as following. First, companies must understand correctly a single consignment and a single transport document under Korea EU FTA. Second, companies must not analyze wrong 'conditions of direct transport'. Third, when simplicity transshipment or temporary custody is consisted, companies must secure documentary evidence as soon as possible. Fourth, in case goods pass third country, companies must understand uprightly 'a single consignment'. Finally, companies should keep in mind to truth that European Union and EFTA are different FTA.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.69-90
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• 2020

The arbitration system has many advantages, including resilience, speed, ease of approval, and enforcement of foreign arbitration in international disputes, and it plays an important role in today's international business. As the world's economic activities increase, China's trade disputes are intensifying. In 2017, China emphasized the international cooperation and commercial expansion of foreign investment at "One Belt, One Road." Therefore, it is expected that international business will become more active, with the issue of how to recognize and enforce the foreign arbitration awards in China becoming highly important. In addition, South Korea and China maintained deep trade relations after establishing diplomatic relations in 1992 and concluding the Korea-China Free Trade Agreement, which will inevitably increase trade disputes. As far as South Korea is concerned, China is South Korea's largest trading partner, so it is important for South Korea to analyze how foreign arbitration awards are recognized and enforced in China. China's accession to the New York Convention in 1987 was the beginning of the enforcement of foreign arbitrators. However, since China has begun to recognize and enforce foreign arbitrators relatively late, there are many problems in terms of recognizing and enforcing foreign arbitral awards in China. This study introduces the concept and scope of foreign arbitral awards, as well as the legal basis and procedures for recognizing and enforcing foreign arbitral awards, and examines relevant cases and the denial of recognition and enforcement of a foreign arbitration award. In the end, some issues and remedies for the recognition and enforcement of the foreign arbitral awards system in China were concluded.

• International Commerce and Information Review
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• v.16 no.5
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• pp.249-273
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• 2014

This study aims to find implications of Korean FTAs and to suggest policy recommendations to facilitate the utilization of FTAs based on the field survey of more than 1,000 trading firms According to the survey, most of the trading firms have utilized FTAs more than once and had agreed that the FTAs have contributed to expansion of their business and trade with partners. However, still a number of firms responded that they have never used FTAs. Even those who are utilizing FTAs expressed difficulties in conforming to the complex rules of origin verification processes and lack of practical information on how to use FTAs. Therefore, government policies need to be more focused on elevating FTA utilization rate and meeting the practical use of FTAs by trading firms. In addition, trading firms were found to express preference to potential FTA partners with large economies in the East Asia and were in the opinion that future FTA agreements should be approached in a way that can reflect the practical interest of the firms.