• 무역학회지
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• 제44권6호
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• pp.201-216
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• 2019

At present, there are various standards used as the governing law of contracts for establishing, implementing, and resolving disputes between the parties to international sales contracts, called "Forum Shopping." Uncertainty and increased transaction costs, which may arise from these various norms, may hinder the activation of international commerce. This study examines the process of enacting and examining various international unification norms that have emerged through international organizations to eliminate trade barriers caused by choice of governing law concerning parties involved in the international sale of goods. Issues regarding the positive and negative perspectives are discussed to identify obstacles to international unification norms. In particular, by comparing and analyzing the differences between the regulations of the CISG and PICC, the representative international unification norms on international sales contracts, the possibility of unification of the norms on international sales contracts are reviewed. Direction for the establishment of a single international regulation is presented for reducing the transaction costs and uncertainties in the international sale of goods.

• 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.

• 대한건축학회논문집:계획계
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• 제35권4호
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• pp.103-114
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• 2019

From the "Recommendation on the Safeguarding of the Beauty and Character Landscapes and Sites"(1962) to the "ICOMOS-IFLA Document on Historic Urban Public Parks"(2017), 'the spatial safeguarding Concept of Cultural Heritage' in International Norms has manifested in various types. In this article, 24 types of International Norms that reflect 'the concept of Spatial Safeguarding in Cultural Heritage' and Korea legal system such as 'Historical and Cultural Environment' were analyzed in the following two aspects. The first aspect is 'Object Type to safeguard' and analyzed in four types such as 'Groups of buildings(A type)', 'Surrounding, Environment, Setting(B type)', 'Cultural landscape(C type)', 'Historic area and Historic towns(D type)'. The second aspect is 'Safeguarding value(analysis elements)' and analyzed in the following tree elements ; 'Landscape value' such as skyline, 'Intangible value' such as the functions of cultural customs, and 'Ecological value' that should preserve life itself. As a result of the study, 'the concept of Spatial Safeguarding in Cultural Heritage' including C and D type and three value which are trends of International Norms are reflected in Korea legal system, and concrete safeguarding methodology is also implemented systematically in case of ecological value. However, intangible values are not specific to the methodology in both International norms and Korea legal systems, and should be developed in the future.

• International Journal of Fuzzy Logic and Intelligent Systems
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• 제5권2호
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• pp.140-144
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• 2005

We investigate the P-generating functions, L-generating functions, and A-generating function, respectively induced by product t-norms, Lukasiewicz t-norms and additive semi-groups. Furthermore, we investigate the relations among them.

• 한국중재학회지:중재연구
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• 제23권3호
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• pp.185-212
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• 2013

In this paper, a conceptual model of legal culture based on Ehrlich's "living law" theory and Cole's social-cultural explanation can explain the low utilization rates of arbitration of Japan and the high utilization rates of arbitration in the United States, simultaneously. This model highlights the clash between social norms and legal provisions in Japan. Japan has developed a two-tiered system of dispute resolution. At the official level, Japanese people accept the legal system imposed by the outside world. But, at a deeper level, they utilize diverse forms of informal dispute resolution mechanisms, such as reconcilement and conciliation, reflecting their own social norms. In contrast, there is no conflict between social norms and legal provisions in United States. This study may show that there are distinctions between American-style arbitration and Japanese-style arbitration, reflecting their own respective social norms. The question of reconciliation between the American style of arbitration and the Japanese style of arbitration can be resolved by an international arbitrator.

• 무역학회지
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• 제47권5호
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• pp.201-221
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• 2022

This study aims to analyze a harmonious approach between trade norms for the protection of human rights and the WTO agreements is increasingly necessary and important. conflicts and harmonization that may occur between major human rights protection trade norms and WTO agreements were comprehensively reviewed. The hard legalization of corporate social responsibility for sustainable development, such as human rights protection, was in conflict with the WTO Agreement, which was based on the principle of non-discrimination. As the currently expanding human rights protection trade norms reflect differences in the positions of developed and developing countries, it was also pointed out that there may be disputes over WTO compatibility and distorted protectionism measures. Accordingly, the applicability of the general exceptions to Article 20 of the GATT were reviewed together, and Article 20(a) of GATT, "necessary to protect public morals" may differ between developed and developing countries, and thus limitations were also considered. At the same time, When it is necessary to take regulatory measures such as prohibition of imports from a specific country for human rights protection, it was reviewed and proposed domestic trade norms revision.

• 한국언론정보학보
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• 제35권
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• pp.7-35
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• 2006

신자유주의적 세계화가 강화되면서 문화시장 개방을 둘러싼 국제사회의 논쟁 역시 강화되고 있다. 시장개방 촉진자들은 문화영역의 생산물 역시 타 상품과 같은 조건에서 다루어져야 한다고 강변한다. 이의 반대자들은 문화란 개인과 공동체의 의식과 정체성에 영향을 주는 것이기에 상품교역에 있어서도 예외성이 인정되어야 한다고 강조한다. 이 같은 문화시장 개방을 둘러싼 국제 관계의 흐름은 국제사회의 의사결정과 관리에 대한 규범 창출의 이론적 틀을 제시하는 '글로벌 거버넌스(Global Governance)'의 중요성을 부각시킨다. 이에 본 논문은 문화시장 개방을 둘러싸고 서로 다른 입장을 취하고 있는 국제규범과 이의 행위자들에 대한 고찰을 글로벌 거버넌스라는 관점을 통해 살펴보고 있다. 구체적으로 문화시장 개방을 촉진하는 WTO, GATT, GATS와 같은 국제협약 및 행위자들을, 그리고 그 반대편에 위치하면서 '문화적 다양성' 논의를 이끌고 있는 국제협약 및 행위자들을 글로벌 거버넌스라는 틀 속에서 검토하고 있다. 이를 통해 본 논문은 문화시장 개방을 둘러싼 논쟁과 충돌은 패권국가의 힘에 기반한 국제질서가 아니라 다양한 국제사회의 행위자들이 참가하는 글로벌 거버넌스의 구축을 통해 그 해결책이 모색되어야 한다는 것을 강조하고 있다.

• 항공우주시스템공학회지
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• 제8권2호
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• pp.1-6
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• 2014

Currently outer space become more and more congested and contested, according to the increase of satellites, nations and government consortia that operate satellites, and commercial and academic satellite operators. Therefore, international community, including the United Nations has been making a greater effort to adopt non-legally binding international documents capable of regulating space activities for the purpose of the security, safety and long-term sustainability of space activities. These are a draft International Code of Conduct for Outer Space Activities(ICoC) and UN Group of Governmental Experts on Transparency and Confidence-Building Measures in Outer Space Activities(UNGGE).

• International Journal of Fuzzy Logic and Intelligent Systems
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• 제5권4호
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• pp.322-326
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• 2005

We investigate the properties of A-transformations, P-transformations and L-transformations in metric spaces, t-norms and T-fuzzy equivalence relations.

• 무역학회지
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• 제46권3호
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• pp.99-117
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• 2021

Korea's FTA e-commerce regulations are evolving into a standardized norm. However, "location of computing facilities", which was not covered by Korea's existing FTA, was newly established in Korea's first Mega FTA, RCEP. China, a member of RCEP, restricts data movement and requires data localization through its Cybersecurity law. These facts have led to start this study with interest in data-related regulations. It examined country-specific and regulatory characteristics in the process of forming digital trade norms, using the TAPED established by Burri et al. (2020). It also analyzed the current status of introducing norms related to 'data flow', 'data localization' and 'data protection' of the EU, USA and China, which are leading the formation of e-commerce trade norms. Finally, the legal review was conducted to compare the exact meaning of the wording expressed in each agreement for the six recently enacted Mega FTAs and Digital Economic Agreements. These findings are meaningful in that they provided implications for the effectiveness of RCEP and the direction of negotiations on Korea's digital trade norms.