• Korean Security Journal
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• no.37
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• pp.29-50
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• 2013

With the recent global threats of terrorism as well as religious conflicts, Northeast Asian countries including South Korea, China, and Japan are experiencing particularly serious security crises as demonstrated by North Korea's threats of nuclear weapons testings and long-range missile launching as well as military provocation toward South Korea such as sinking of ROKS Cheonan and bombardment of Yeonpyeong island and the territorial dispute between China and Japan over Senkaku Islands(Diaoyu Islands). As a result, Park Geun Hye Administration of South Korea and the 2nd Abe Shinzo Cabinet of Japan, both recently established, are making efforts to improve their national security and crisis management policies. One of the key elements of such efforts is the strengthening of National Security Council(NSC) or its equivalent organization as the control tower of national security policy, modeled after the NSC of the United States. This paper compares NSC organization of Korea, the U.S., and Japan and draws policy insights focusing on the current political and national security situation South Korea is facing. Although organizational structure, function, and history of NSC of each country differs, it can be inferred from this comparison that NSC-type of organizations can play an important role as a control tower of security and emergency management policies.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.121-145
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• 2008

Northeast Asia is increasingly making a transition to distinctive and crucial region in the 21st Century and growing into one of world's top three economic spheres along with the EU and NAFTA. In 2003, Korean government announced the Northeast Asian economic hub country plan as an important agenda. As a means of coping with the changing global environment, Korean government designated Incheon in 2003 as the country's first Free Economic Zone ahead of Busan and Gwangyang Bay in the south of the country because Incheon has a geographical advantage linking North America and Europe with Incheon International Airport and Incheon Seaport. The purpose of this paper is to make research on establishment and operation of an arbitral body entitled ${\ulcorner}International Arbitration Center{\lrcorner}$ (IAC) within Incheon Free Economic Zone(IFEZ). For the purpose of this, the writer in this paper, reviewed the necessity of the IAC's establishment and its legal basis as well as the role and function of the Center. Also, the writer presented plans for how to operate the IAC and how to cooperate with the key arbitral organizations of foreign countries for the settlement promotion of commercial disputes including trade and investment. With development of the IFEZ, world-renowned enterprises will invest in the Incheon economic bloc and conduct economic activities, business operation, marketing, logistics, financing, etc. In this connection, diverse types of commercial disputes are expected to occur between foreign companies entering the IFEZ and Korean firms. In this connection, the Korean Commercial Arbitration Board(KCAB) has been operating its liaison office in the IFEZ since 2004. However, in view of the increasing arbitration demand, the IAC should be set up in the IFEZ in the near future by the positive support of the government in the respect of both administration and finance because the free economic zone-related law provides for the installation of arbitration organization. For the success of the IAC, the Center will have to provide not only good quality of arbitral services that can satisfy arbitration parties but also need to conduct researches and make efforts so that arbitration can be utilized well in the IFEZ. If the IFEZ can provide advantageous business environments to those multinational enterprises intending to the Incheon economic bloc, the IAC will also contribute to the settlement of commercial disputes arising from the Gaeseong Industrial Complex in North Korea in view of the geographical advantage and logistic benefit of the IFEZ. Finally, this paper also suggests a new model for a joint dispute resolution system by the initiative of Korean government and Korean arbitral organizations for the settlement of commercial disputes within Northeast Asia, for which the CAMCA(Commercial Arbitration and Mediation Center for the Americas) of NAFTA can be a good example.

• Journal of the Korean Data and Information Science Society
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• v.25 no.6
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• pp.1161-1170
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• 2014

In global competition like today, intellectual property of novel areas such as traditional knowledge, traditional creation, hereditary resource, etc. are perceived as important resources. Therefore making solid competitive power in overall knowledge resources like cultural contents, brand, design etc. in nation is a pressing question. Accordingly in this study, to prepare for intellectual property rights dispute and advantage-sharing problem that would be variously derived from the Nagoya Protocol which will come into force after 2014, this research selected 200 knowledge of middle region in Korea from 2,047 literal and 931 oral knowledge using preconditioning process. The order of priority of top 50 of them was ranked by a quantitative research method, the Delphi survey. Among them, 30 was literal traditional knowledge and 20 was oral traditional knowledge. Result of this research could be used later as basic material for qualitative researches like the focus group interviewing. Furthermore in this paper is meaningful; the selected traditional knowledge can contribute remarkably to traditional biologic knowledge resource in nation which can be acknowledged in international society, announcing validity (hold precedence for patent) later on.

• Korea Trade Review
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• v.43 no.4
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• pp.111-130
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• 2018

In December 2015, the Paris Agreement was adopted to cope with global warming caused by greenhouse gas emission and to prevent the average temperature of the Earth from rising. Renewable energy sources have become important to address environmental problems such as rising sea levels, depletion of forests and fine dust. In order to grow renewable energy, government support is needed. However, excessive government support for the renewable energy industry could pose problems that include undermining fair competition and raising costs. The WTO already has heard cases involving renewable energy subsidies. This article focuses on subsidies and countervailing tariffs as well as examines WTO disputes related to renewable subsidies, and also analyze legal issues that are problematic in granting subsidies for the development of new renewable energy industries. In WTO dispute involving renewable energy subsidies, legal issues are SCM Agreement article 2 Specificity, article 3 (b) import substitution subsidy and GATT article 20. This paper proposes improvement measures such as the reintroduction of article 8 Non-Actionable Subsidies or special provisions on energy subsidy. In addition, it is necessary to clarify the interpretation of Article 3 of the subsidy agreement. However, excessive government subsidies can lead to trade friction, so the WTO rules should be improved in line with the WTO goals of environmental protection, equity in free trade, and sustainable development.

• International Commerce and Information Review
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• v.15 no.4
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• pp.457-479
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• 2013

Through a Chinese rise, Chinese dream is actualizing as the world's great power. According to outlook of World Bank and IMF, Around 2030 China will be a great power bigger than America's economic power. The rise of China will give a huge impact to the whole world. China expands her influence through a global manufacturing base and a global market. To actualize 'Peaceful Rise' Strategy, China has many constraints. Chinese society is facing many difficult social problem due to side effects of a rapid development. Such as the spread of corruption, the severity of wealth gap, environmental degradation and energy shortage. Internationally there are containment from hegemon so-called 'China threat' dispute, Taiwan issue and territorial disputes. Western countries are hostile to China for two reasons. Based on expectations, one is China's socialist system and the other is the rising China which will compete for supremacy with Europe and America. Recent emergence of Chinese nationalism and the containment of the neighboring countries are also serious limiting factors. Domestically they have the rampant corruption in the bureaucracy, weakened capacity of Communist rule, wealth disparity due to the discriminatory economic development strategy, seriousness of rural problem, social instability, lack of social security systems and the development gap between the eastern coastal areas and western inland areas, ethnic minorities problems, the constraint of sustainable development issues due to lack of resources, environmental pollution and energy constraints. Like the former Soviet Union, China may face a dismantlement. After the rise, China may encounter possibilities of a war between great powers or a collapse of Chinese society caused by deepening internal conflict. Serious economic polarization would make peasants and urban workers, who are social vulnerable people, to turn their back to communist party and threaten the justification and the appropriateness of the ruling communist party. Chinese government will think internal system security threat is more formidable risk factor than a system security threat from the hegemon. The decline of great country comes from internal reasons rather than external reasons. To achieve peaceful rise, unification with Taiwan is an essential prerequisite. Taiwan issues are complex problems which equipped with international and domestic factors. Lack of energy resources, environmental pollution in China will bring economic crisis to Korean enterprises. Important influence to Korean economy will be a changeover of the method in economic development. It will turn the balance of investment and consumption, GDP-centered growth to consumption and environment-centered growth. Services industries including finance, environment, culture, education, health care and social welfare will grow. Change in China's growth model will give a great challenge upon the intermediate goods industry in Korea. Korea should reduce the portion of machinery, automotive, semiconductor, steel and chemical-centered export industry to China, and should increase the proportion of the service industry.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.33-52
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• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

• Asia Marketing Journal
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• v.13 no.2
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• pp.27-48
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• 2011

The Chinese counterfeits has begun to gain great attention recently because of the drastic increase in its volume. The consumption of counterfeit harms to manufacturer who spend millions of dollars to create and develop new product. The counterfeits in Chinese can cause international dispute and lower national reputation. The purpose of this study were to examine if the buyers of counterfeits tend to care more about interpersonal relationship than non-buyers among Chinese. Data were gathered by surveying Chinese consumer living in Beijing, Shanghai, and Guangzhou metropolitan area using convenient sampling, and 480 questionnaires were used in the statistical analysis. In analyzing data, descriptive statistics, factor analysis, structural equation modeling with AMOS were conducted. The results of this study were follows, first, attitude toward counterfeits was classified into three factors such as interpersonal relationship, perception, and involvement. It is general belief that attitudes toward counterfeits were correlated with on brand attachment, however this study show that the buyers of counterfeits tended to purchase counterfeit goods as more alternatives of genuine(original) product than non-buyers. Perhaps, the buyers of counterfeits tended to have lower consumer ethics than non-buyers because they value counterfeit high. It is generally accepted that both a producer and a buyer violate the laws, but they are rather generous for buyer. The results of this study suggest consumers' attitude towards counterfeit need to be changed, following consumer education and strict law enforcement. Based on these results, global brand marketing strategies for luxury goods were suggested.

• Journal of Public Diplomacy
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• v.2 no.2
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• pp.27-52
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• 2022

Objectives: The neighboring countries of South Korea and Japan in Northeast Asia have interacted in both positive and negative ways, at times as close partners and other times adversaries, throughout their long and thorny history of extensive dynamics. The controversial dispute over Dokdo is one of the most critical issues evoking harsh tensions and arguments asserting wholly opposite claims. Dokdo is a small island between two coastal states, but significant in terms of territorial, botanical, and marine resources, and thus ownership of the island has become a point of conflict accompanied by a troubled history. But why has Dokdo been a source of conflicts and how should the controversial Dokdo issue be addressed in a way that fosters positive influence and co-prosperity? Methods: This study provides comprehensive and critical insights from a wealth of previous research and strategic suggestions for the Korean government. It utilizes the three perspectives of historical documents and political context, international regulations and legal frames, and public diplomacy. Furthermore, it applies these resources to negotiation theories and strategies to propose reasonable solutions. Results: This study suggests that it is important for Korea and Japan to try to build mutual trust through more active communication and interaction in order to understand each other before attempting to create a formal resolution via negotiation. In addition to these efforts, Korea needs to be ready for the inevitable need to take decisive action in terms of negotiation, using analytic and efficient strategies. The study proposes three solutions: 1) Strong Action Strategy, 2) International Legal Strategy, and 3) Public Diplomacy Strategy. Conclusions: From the perspective of public diplomacy, the Dokdo issue needs to be converted from a symbol of conflicts between Korea and Japan into a symbol of peace and co-prosperity. In addition to promoting a positive relationship between the two states, it can also contribute to the security environment of the Northeast Asian region and global peace.