• 수산해양기술연구
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• 제7권1호
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• pp.28-38
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• 1971

There has been established bilateral and multilateral agreements of fisheries in the North Pacific, such as, the Agreements of International North Pacific Fisheries Commission, of Japan-Soviet Fisheries Commission for the Northwest Pacific and of the Furseal and King Crab. The auther reviewed these agreements and discussed about the growth of the International Fisheries Agreements in the future. This paper concerns with the present status of demersal resources which are important in commercial fisheries and caught in the North Pacific.

• 경영과정보연구
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• 제9권
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• pp.165-177
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• 2002

The purpose of this comparative study is to compare and evaluate international arbitration and forum selection agreements. Recent decades have seen an unparalleled expansion of global trade and investment. Business enterprises of every description ann find themselves entangled in legal proceedings with foreign companies or government entities. Thus, the costs of these proceedings and the consequences of losing are often substantial. Almost, every international commercial controversy poses a critical preliminary question - 'where, and by whom, will this dispute be decided?' the answer to this question often decisively affects a dispute's eventual outcome. It can mean the difference between winning and losing. between de minimis damages and a multimillion dollar award. The same dispute can have materially different outcomes in different forums. Because of the importance of forum selection, parties to international contracts often include contractual dispute resolution provisions in their agreements. These provisions significantly reduce the uncertainties inherent in international commercial disputes, and can offer a substantial measure of partisan advantage. as a consequence, it is almost always advisable to include a contractual dispute resolution provision in any international contract. These provisions typically take the form of : (1) forum selection clauses, or (2) arbitration agreements.

• 무역상무연구
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• 제26권
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• pp.115-141
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• 2005

This study explores how strategic alliance activities are evolving and the factors that impact on the formation and development of airline alliances. Findings show the initiation of regional and more liberalized bilateral, or open skies, agreements have removed some of the impediments to structural changes in international aviation. Airlines in more liberal markets enter into greater numbers and more integrative forms of alliances. Also, airlines, on average, achieve better results of operation if the market is more liberal. Essentially, there is a positive relationship between the developments of alliances and the liberalization of air transport markets. It has been questioned that the US bilateral open skies agreements provide its carriers more access to the global market and countries that do not enter into such agreements with the US risk a loss of traffic. Consequently, open skies agreements may enable carriers who have the freedom to exercise market power to be dominant in the markets. This suggests that regulatory coordination and liberalization of international aviation reinforce each other and should therefore be pursued simultaneously.

• 아태비즈니스연구
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• 제14권1호
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• pp.381-396
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• 2023

Purpose - The purpose of this study was to analyze environmental and labor issues and related norms, which are new trade issues that are expanding in bilateral and multilateral trade agreements, and examine the possible impact of these norms on domestic fisheries policies. Design/methodology/approach - In this study, literature research was used as the main research methods. The comparative analysis of international norms and multilateral trade agreements texts related to the environment, labor and trade were conducted. Findings - The new trade norms in the fisheries sector can be represented by labor and environment issues. Since domestic environmental and labor standards do not fully meet the standards of the multilateral trade agreements, it is necessary to ensure that domestic norms are supplemented and relevant policies are newly established through a review of international law on environment and labor. Research implications or Originality - This study confirmed that international norms related to labor and environment in the fisheries sector are mixed with soft norms and binding norms, and each norm is linked in a multi-layered and mutual way. Such international norms are being strengthened in connection with trade agreements and issues.

• 무역상무연구
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• 제12권
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• pp.615-641
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• 1999

Trade and the environment emerged as a major and complex issue for trade negotiators in the final stages of the Uruguay Round negotiations. The agreements and other international measures employing trade measures and trade sanctions for achieving global environmental objectives are Vienna Convention on the Protection of the Ozone Layer(1985), the Montreal Protocol on Substances that deplete the Ozone Layer(1987), The Framework Convention on Climate Change(1992), the Convention on Biological Diversity(1992), the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal(1992), the Convention on International Trade in Endangered Species of Wild Faunna and Flora(1975), the Rio Declaration, the Agenda 21, etc. The texts of the World Trade Organization(WTO) incorporated certain provisions which were designed to reflect some of the environmental concerns are Trade-Related Aspects of Intellectual Properity Rights(TRIPs), Trade-Related Investment Measures (TRIMs), the General Agreement on Trade in Services(GATS), and Technical Barriers to Trade(TBT) There is the possibility of conflict between multilateral environmental agreements and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility, especially between countries which are Member of WTO and which are not Members of the relevant multilateral environment agreements, and countries which are Members of both the WTO and the relevant MEAs. Measures taken under the trade-related provisions of MEAs could potentially give rise to conflicts under obligations arising in WTO texts. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms and vice versa. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority. However, such measures should neither constitute a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Also any trade measures taken should be necessary to prevent developments in trade from endangering the effectiveness of an MEA and they should be proportional and least trade restrictive.

• 무역학회지
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• 제42권2호
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• pp.345-367
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• 2017

본 연구는 국제상업회의소(ICC)가 제정한 "BPO 고객약정을 위한 ICC 가이드라인"을 BPO의 활성화 차원에서 소개하였다. 본 ICC 가이드라인은 은행과 그 거래고객 간에 BPO의 약정과정에 필요한 가이드라인을 지원하는 것이다. 따라서 본 연구는 ICC 가이드라인을 소개함으로써 BPO에 대한 많은 관심과 이해를 증진시키고 BPO의 발전과 정착에 기여하고자 한다. 본 연구는 본 가이드라인의 내용을 중심으로 이미 발표된 BPO 관련 선행 연구와 자료 등을 통하여 문헌 연구하였다.

• 한국중재학회지:중재연구
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• 제26권2호
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• pp.3-25
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• 2016

Lately each country tends to provide neutrality and ease of enforcement in order to settle disputes related to international trade through commercial arbitration. In order to expand the use of arbitration systems, most countries accept arbitration agreements as an effective tool agreed between parties that express their intent to settle disputes by the arbitration. It is applied equally to selective arbitration agreements and parties can select either arbitration or lawsuit to settle disputes based on the contract intent for selective arbitration agreements. However, China does not admit the effectiveness of selective arbitration agreements. Chinese courts regard selective arbitration agreements as not valid because the contract of a selective arbitration agreement between parties is not a definite expression to only use the arbitration and there is no exclusion of court jurisdiction. Therefore, the study attempts to consider effective conditions for selective arbitration agreements in the Chinese arbitration act and other relevant regulations, and also verifies the judgment by Chinese courts on relevant disputes. As a result, the study explores some problems and implications of Chinese selective arbitration agreements and suggests some precautions in case Korean companies pursue selective arbitration agreements with Chinese enterprises and investors.

• International Journal of Computer Science & Network Security
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• 제22권10호
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• pp.155-164
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• 2022

The review of known decisions showed that currently there are no systems and technologies for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services. The paper models the decision-making support process on the possibility of concluding the civil law agreements for medical, therapeutic and dental services, which is the theoretical basis for the development of rules, methods and system for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services. The paper also developed the system for supporting the decision about the possibility of concluding the civil law agreements for medical, therapeutic and dental services, which automatically and free determines the possibility or impossibility of concluding the corresponding civil law agreement for the provision of a corresponding medical service. In the case of formation of a conclusion about the possibility of concluding the agreement, further conclusion and signing of the corresponding agreement takes place. In the case of forming a conclusion about the impossibility of concluding the agreement, a request is made for finalizing the relevant agreement for the provision of the relevant medical service, indicating the reasons for the impossibility of concluding the agreement - missing essential conditions in the agreement. After finalization, the agreement can be analyzed again by the developed system for supporting the decision.

• 항공우주정책ㆍ법학회지
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• 제22권1호
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• pp.163-186
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• 2007

Charter flight in international air law has, from very beginning, not precisely defined by the International Civil Aviation Organization (lCAO) since 1947 when it came into being. By practice, the operation of charter traffic is, in its very beginning, the subject to the regulations of national rules and bilateral charter agreements (charter annex clause) within the framework of normal bilateral agreement of international air services. Taiwan had signed a series of bilateral air service agreement under the name of the Government of the Republic of China when Taiwan was recognized by the United Nations and major members of international community as the sole legal government representing China before 1971, but that situation was changed since then. Taiwan has only maintained diplomatic relations with 25 States, but maintained semi-official relations with major powers of the world. The former agreements were signed within the framework of the Vienna Convention on the Law of Treaties of 1969 while the latter agreements were signed within the framework of administrative and civil law of two countries which were not in the form of bilateral treaty signed by two sovereign States in its proper sense of international law. The legal regime of charter flights between Taiwan and Mainland China is regulated by special arrangements negotiated by delegated airlines and airlines association or private law institutions.

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.321-351
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• 2004

According to increase of Franchise Agreements, troubles related to those agreements and trading acts occur frequently. As Franchise system had come from Western countries, franchise agreement troubles tend to international disputes. In fact, those parties entered into a franchise agreement prefer arbitration to lawsuit as a dispute resolution system because arbitration is easy to risk-management for cost and time. The essential conditions for Franchise agreements are as follows ; for Franchise to grant Intellectual Properties to Franchisee, to give an impression of the same company between Franchise and Franchisee, to control and support Franchisee, for Franchisee to be an independent merchant, and to pay Franchiser license fee. Because Franchise Agreement is also based on liberty of contract, Franchise and Franchisee could enter into any kind of agreement. However, Franchiser can make an unfair agreement abusing a position of advantage. This paper check those unfair terms and conditions in Franchise agreement. Once they enter into an agreement, they should fulfil their contract. In case of trouble on performing the contract, both of them have to discuss to solve that trouble faithfully. But, they enter into either lawsuit or arbitration in accordance with agreement when they can't reach a decision in general. Specially, which is the most popular dispute resolution hands in case of Intellectual Property License agreement. General international Franchise Agreements have arbitration terms, but there is other case such as separate Arbitration Agreement if the want, which is separate from Franchise License agreement, so even though Franchise License agreement is invalidated, Arbitration agreement continues to exist, This paper reviews Franchise system and the terms of arbitration in Franchise agreement.