• Journal of Digital Convergence
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• v.17 no.8
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• pp.141-148
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• 2019

Based on the theory of information ecology, this paper conducts a quantitative analysis on the research literature of e-commerce ecosystem in China, and clarifies the research hotspots and development trends, so as to provide reference for subsequent studies. With the key words related literatures collected by CNKI as the data source, and the software CiteSpaceIV is used to draw a visual knowledge map, the distribution of e-commerce ecosystem research papers in China is statistically analyzed by econometric analysis method, and literature research is summarized and evaluated. The research results show that previous studies mainly focus on the concept of e-commerce ecosystem, and there are relatively few research results on the construction and evolution mechanism of e-commerce ecosystem, so the depth and breadth of research should be expanded. Applying the concept of e-commerce ecosystem to solve the problems in cross-border e-commerce will be the future research trend.

• The Journal of Asian Finance, Economics and Business
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• v.9 no.9
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• pp.143-156
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• 2022

This article examines the effect of inward foreign direct investments (FDI) on the export performance of micro, small & medium enterprises (MSMEs) in India, and investigates the spillover impact and absorption capacity of the MSMEs sector. For the first time, the researchers applied the intersectoral linkage approach to investigate the matter and used a panel dataset between 2006 and 2017. The coefficients of forward and backward linkages are estimated by using the Rasmussen method, the study employs a basic linear panel data model, followed by various diagnostic tests to identify the problem of heteroscedasticity, autocorrelation / serial correlation, cross-sectional dependencies, multicollinearity, time-individual specific tests, and unobserved effects. The PCSE model was applied for robust standard error and the Hausman-Taylor IV model to check the robustness of the result generated in the linear panel data model. Despite the high prevalence of forward and backward intersectoral connections and the Lack of absorption capacity of local firms, the results show that FDI has little of an impact on the export performance of micro, small, and medium-sized businesses in India. This study adds to the existing literature on determining local firms' spillover effect and absorption capacity in response to inward FDI.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.473-493
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• 2016

If a certain country or an arbitration institution hopes to keep ahead of the fierce competition in the international arbitration market, it needs to develop hardware factors, such as i) Facility and Infra, ii) Geographical Location, iii) Professional Staff, iv) Global Network, v) Capital, and vi) Arbitrators & Practitioners etc., along with software factors including i) Arbitration Rules of Law, ii) Court's Support, iii) International Convention, iv) Political Risk, and v) Education Environment, which are the most critical requirements in the development strategy for international arbitration. Having perceived the above situation, the Korean government has been working on amending the Korean Arbitration Act to reflect global advanced practice of international arbitration, and seeking to enact laws that will promote our arbitration industry and create a more arbitration-friendly environment. The KCAB is also currently revising both the domestic and international arbitration rules in accordance with these national efforts. Under these circumstances, this paper examines how major leading international arbitration institutions manage their secretariats and suggests how the KCAB can compose and manage its Secretariat to gain a competitive advantage over rival institutions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.59-78
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• 2013

The interpretation and application of investment treaties takes place mostly by ad hoc tribunals. Their composition varies from case to case. But in interpreting and applying investment treaties are bound to exist on a ground rule and coherent criteria. Given summarizing contents of this study, those are as follows. When interpreting investment treaties, (i) most tribunals is based on Article 31 and 32 of the VCLT, (ii) tribunals rely on previous decisions, (iii) tribunals resort to travaux pr$\acute{e}$paratoires, (iv) tribunals consider the interpretative statement. When applying investment treaties, (i) treaties apply only in relation to acts or events that occurred after their entry into force, (ii) tribunals have applied different inter-temporal rules to jurisdictional clauses and substantive provisions in treaties, (iii) the relevant date for purposes of jurisdiction is the date of the institution of proceedings, (iv) Under the ICSID convention, the host state and investor's nationality must be a party to the convention on the date the proceedings are instituted. This study is expected to possibly become guideline in the interpretation and application standards of investment treaties. So future disputes can be prevented and prepared in advance.

• International Commerce and Information Review
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• v.10 no.4
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• pp.513-532
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• 2008

The purpose of this study was to analyze which factors have had impacts on extension export insurance charge of Korean export insurance. In order to attainment of this study, an empirical study was proceeded. The export insurance charge was hired as the dependent variable and export insurance premium, insurance compensation charge, export insurance collection charge and export insurance fund were used as independent variables. Data was used for estimation are the annually data from 1969 to 2007. From results of this analysis, we find the hired variables have highly correlation among them and the most influential factor turns out to be export insurance fund. Main results of this study was as follows : i) The export insurance fund must be increased immediately. ii) It is necessary that Korea Export Insurance Corporation give their attention to the compensate amount of export insurance compensation on specific insurance item. iii) It is necessary that Korea Export Insurance Corporation extension the collection efforts of the export insurance. iv) A reasonable raising of export insurance premium need to be done.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.10
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• pp.231-240
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• 2020

E-commerce development led to the explosion of online payment. Consumers have many choices when deciding on the online payment method for each transaction. Using a combination of both qualitative and quantitative methods with the help of SPSS AMOS version 22.0, the article explores the factors that influence consumers' online payment method decision behavior in Vietnam. Research results show that awareness of usefulness, awareness of risk, awareness of trust, awareness ease of use, product uncertainly perception and perceived behavioral control have effects on the behavior of deciding on online payment methods. Awareness of risk has the strongest negative impact on online payment method decision behavior and awareness of usefulness has the strongest positive impact on online payment method decision behavior. Based on these important results, the article proposes a number of implications: (i) continuing to invest and upgrade modern technology to ensure customer information absolutely confidential; (ii) converting all ATM cards on the market to EMV chip standard card technology; (iii) improving service activities, quickly handle things to create confidence for customers; (iv) credit institutions operating in the field of online payment linked to e-commerce sites, supermarkets, convenience stores, restaurants must ask partners to increase transparency for the products.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.543-566
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• 2016

This article examines the Annulment Procedure of ICSID Arbitration Award. Although the ICSID annulment procedure is not substantially different from arbitration procedure, it does have certain unique features. Article 52 of the Convention provides that the application for annulment must be made within 120days after the date on which the award was rendered. ICSID Arbitration Rule 50, in turn, stipulates that a request for annulment of a award must: i)be addressed in writing to the Secretary-General; ii)identify the award to which it relates; iii)indicated the date of the application; and iv)state in detail the grounds for annulment on which it is based. The grounds for annulment are limited to those in Article 52(1) of the Convention. With respect to the possibility of waiving the right to annulment in advance, commentators are divided. Some authors admit the possibility of agreements eliminating the right to request annulment. Other authors, instead, have taken the position that parties cannot waive their right to annulment in advanced because no provision in the Convention allows the parties to do so, and thus the right to request annulment is inalienable. In accordance with Article 52(4), annulment decisions must comply with the requirements for awards stipulated in Article 48. Therefore; i)the committee decide questions by majority; ii)the decision must be in writing and must be signed by the members of the committee who voted for it; iii)any member of the committee may attach his individual opinion to the award; and iv)ICSID must not publish the decision without the consent of the parties. Finally, under Article 52(4), parties are not allowed to request the interpretation, revision, or annulment of a decision on annulment. Even if the committee allegedly manifestly exceeded its powers or engaged in any conduct sanctioned by Article 52(1), the parties cannot request the annulment of the decision on annulment.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.111-132
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• 2014

This paper analyzed the obligations of the parties entering into an international leasing agreements, focusing on the Draft Common Frame of Reference (DCFR) Book IV, Part B. The lessor's obligations are as follows. i) The lessor must deliver goods to the lessee by the due date of delivery so that the lessee can use the goods on the starting date of the lease agreement. ii) The lessor must conform with the contract so that the goods meet the purpose of the contract at the start of the lease agreement and throughout the period of the lease agreement. iii) If the lessee returns the goods upon the termination of the lease agreement, the lessor must cooperate with the lessee. The lessee's obligations are as follows. i) The lessee must pay rent, which is the most critical obligation of the lessee. ii) The lessee must cooperate with the lessor so that the lessor can perform the obligation to deliver the goods and accept the goods of which the lessee shall take control. iii) The lessee shall perform fiduciary duties while it uses and makes profits from the goods, and when the lessor cannot take any measure to protect the object, the lessee must prevent damage. Further, if the lessor pays expenses that are not considered necessary expenses, the lessor may not be reimbursed and must accept the goods after delivery to preserve them. iv) The lessee must give notice to the lessor if there is a possibility that a third party can claim rights to goods or infringe upon the lessor's ownership while using the goods. v) At the end of the lease period, the lessee must return the goods to the lessor.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.331-359
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• 2001

Uniform Electronic Transactions Act (1999) Drafted by the National Conference of Commissioners on Uniform State Laws. The Act allows the use of electronic records and electronic signatures in any transaction, except transactions subject to the Uniform Commercial Code. The fundamental purpose of this act is to remove perceived barriers to electronic commerce. The Act's a procedural statute. It does not mandate either electronic signatures or records, but provides a means to effectuate transactions when they are used. The primary objective is to establish the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures. With regard to the general scope of the Act, the Act's coverage is inherently limited by the definition of "transaction." The Act does not apply to all writings and signatures, but only to electronic records and signatures relating to a transaction, defined as those interactions between people relating to business, commercial and governmental affairs. The exclusion of specific Articles of the Uniform Commercial Code reflects the recognition that, particularly in the case of Articles 5, 8 and revised Article 9, electronic transactions were addressed in the specific contexts of those revision processes. In the context of Articles 2 and 2A the UETA provides the vehicle for assuring that such transactions may be accomplished and effected via an electronic medium. At such time as Articles 2 and 2A are revised the extent of coverage in those Articles(Acts) may make application of this Act as a gap-filling law desirable. Similar considerations apply to the recently promulgated Uniform Computer Information Transactions Act (UCITA). Another fundamental premise of the Act is that it be minimalist and procedural. The general efficacy of existing law, in an electronic context, so long as biases and barriers to the medium are removed, confirms this approach. The Act defers to existing substantive law. Specific areas of deference to other law in this Act include: i) the meaning and effect of "sign" under existing law, ii) the method and manner of displaying, transmitting and formatting information in section 8, iii) rules of attribution in section 9, and iv) the law of mistake in section 10.

• International Commerce and Information Review
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• v.12 no.2
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• pp.267-290
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• 2010

The Kaes$\breve{o}$ng Industrial Park(KIP) is being developed in the region, as a collaborative economic development with South Korea. KIP construction started in June 2003, and in August 2003 North and South Korea ratified four tax and accountancy agreements to support investment. Pilot phase construction was completed in june 2004, and the KIP opened in December 2004. In the KIP's initial phase, 15 South Korean companies constructed manufacturing facilities. Three of the companies had started operations by march 2005. First phase plans envisaged participation by 250 South Korean companies from 2006, employing 100,000 people by 2007. Based on the 2009, 117 factories were employing approximately 41,000 north' workers and 1,000 south' staff. The industrial park is seen as a way for South Korean companies to employ cheap labour that is educated, skilled and speaks Korean which would make communication considerably easier. However the zone still faces a number of obstacles. In the view point of these obstacles, especially this study focused on the complementary issues for the improvement of trade goods management systems between South and North Korea. At the result of this study, it is suggested that, i) to establish portal system based on single window, ii) strengthen user-interface hands of logistic facilities, iii) stable foundations of trade and/or logistic management systems, iv) networking of IT infrastructure with South and North Korea, and so on.