• Title/Summary/Keyword: International Treaty

Search Result 185, Processing Time 0.024 seconds

Going beyond Border? Intention to Use International Bank Cards in Vietnam

  • PHAN, Dzung Tran Trung;NGUYEN, Thanh Thi Ha;BUI, Tuan Anh
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.6 no.3
    • /
    • pp.315-325
    • /
    • 2019
  • The paper aims to explore the factors affecting potential users of international bank cards in Vietnam. With milestones treaties being signed CPTPP and EVFTA, Vietnam is now exposing itself to the international open environment. Bank card market is at the core of this wind of change, and that is the reason for us to research the intention to use international bank cards. Given that the decision to choose international bank cards could either be the switch from domestic cards or adopting a brand new card, we develop some specific constructs to reflect that consideration, specifically PE and PD, asides from traditional constructs used in TPB and TAM frameworks. The analysis work is conducted using PLS-SEM approach. Our findings reveals that most of our proposed hypotheses are supported, in which SN plays the most important direct role to INT, while total effect of PU on INT is similar to that of SN. The newly introduced PD negatively and significantly impacts INT, and PE also has a positive impact on INT. The findings suggest that overall, it is important for bank card issuers to have a balance approach to the market, with focus on increasing usefulness and reducing potential disadvantages of international bank cards.

Implications for the CISG's Applicability concerning U.S. Court's Cases (미국법원의 판례를 통한 CISG 적용상의 함의)

  • Han, Na-hee;Ha, Choong-lyong
    • International Commerce and Information Review
    • /
    • v.18 no.4
    • /
    • pp.195-217
    • /
    • 2016
  • The Convention on Contracts for the International Sale of Goods(CISG) endeavors to increase international trade through the creation of a uniform law of international sales. The CISG applies to contracts of sale of goods between parties whose places of business are in different States. If a party has more than one place of business, the place of business if that which has the closest relationship to the contract and its performance. Despite the importance of a definition for 'place of business,' the CISG does not provide one. Lack of a definition of 'place of business' may cause problems for parties trying to determine whether the CISG applies to their contract. Also Contracting parties can opt out of the CISG. But the CISG does not state whether the parties must expressly exclude the CISG's application to a transaction or whether they might do so by implication. we need to consider how effectively opt out of the CISG. Under U.S. law, the CISG is considered to be a self-executing treaty. So the CISG's provisions apply directly as substantive sales law to contracts for the international sale of goods. Despite the CISG's political and economic significance to U.S., U.S. Courts have overlooked the terms of the CISG. This article considered how to the CISG was recognized, interpreted and applied by the U.S. Courts in related cases.

  • PDF

A Study on the Liability Risk of Air Cargo Carrier (항공화물운송인의 책임부담위험에 관한 연구)

  • Kwak, Bong-Hwan;Kang, Dong-Yoon;Ham, Young-Jin
    • International Commerce and Information Review
    • /
    • v.12 no.2
    • /
    • pp.385-405
    • /
    • 2010
  • The purpose of this study is to investigate liability risk of air cargo carrier and suggests ideas for solving problems which could be happen to air transporters on the future. because of Air transport remains one of the world's fastest growing and most important industries. And important treaties and contracts specifying transporters' responsibility regarding big scale aircraft accidents are such as Warsaw Convention in 1929, Hague Protocol in 1955, Montreal Convention in 1999. The Montreal Convention, formally the Convention for the Unification of Certain Rules for International Carriage, is a treaty adopted by Diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's concerning compensation for the victims of air disasters. In conclusion, suggests to the method of air cargo security and cargo legal liability insurance which is for air cargo carrier's risk management.

  • PDF

The Trends and Allocation of Aeronautical Mobile Telemetry Frequency (항공 이동용 텔레메트리 주파수 배정과 동향)

  • Kim, In-Kyu;Kim, Tae-Sik;Kim, Eung-Tai
    • Current Industrial and Technological Trends in Aerospace
    • /
    • v.8 no.1
    • /
    • pp.112-117
    • /
    • 2010
  • In this paper..We are introducing the World Radiocommunication Conference (WRC 2007) decided upon new additional frequency allocations for Aeronautical Mobile Telemetry and International Telecommunication Union (ITU) that is leading United Nations agency for information and communication technology issues, World Radiocommunication Conference (WRC) that revise the Radio Regulations, the international treaty governing the use of the radio-frequency spectrum. We are describing the international trends and korea frequency allocation tables revision after it has allocated to the aeronautical mobile telemetry frequency spectrum.

  • PDF

A Study on the Features of the Modernization Process in the Chinese Costume

  • Kim, Eun-Jung;Kang, Soon-Che
    • International Journal of Costume and Fashion
    • /
    • v.9 no.1
    • /
    • pp.1-14
    • /
    • 2009
  • This study is intended to examine the modernization of Chinese costumes through historical events, and to analyze the characteristics of the costume modernization process. The modernization of Chinese costumes appears to have begun with the Opium Wars, and the Nanjing Treaty(1842), the Beijing Treaty(1860) and the official residence of western people in Chinese territory. Afterwards, in order to initiate change, the Chinese people themselves implemented the Westernization movement(1861-94), placing an emphasis on the westernization of external elements such as technology and form, but aspects such as costume, deeply saturated in their traditions, do not appear to have changed significantly. Despite self-empowering movements such as these, as western forces diffused deeper into the Chinese mainland, neo-intellectuals formed the axis of a revolutionary movement. A major example can be found in the Xinhai Revolution(1911) revolution, which forbade the binding of feet and shaving of frontal hair and partially implemented western formal dress. Through these factors, the modernization process of Chinese costume demonstrates characteristics of an adherence to traditional dress and partial acceptance of western attire. Through this, we may understand the modern costumes of China, which adhered more to tradition than Japan, which pursued western costumes actively within a similar period, and Korea, which rushed modernization due to Japanese authority.

A Study of Legal Restrictions on International Air Cargo Services (국제항공화물운송의 법적 규제에 대한 고찰)

  • LEE, Jae-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.69
    • /
    • pp.371-388
    • /
    • 2016
  • International air transport for cargo services is a facilitator for various trade sectors and, by itself, an important service industry. Although international air cargo industry is expected to grow continuously, industry stakeholders complain about legal constraints in the industry and demand more liberalized regime. From its birth at the beginning of the 20th century, the airline industry was tightly regulated by governments with a strong tradition of protectionism. In the past few decades, however, protectionism in the airline industry has steadily declined. Indeed, the airline industry is largely in the process of liberalization. Interestingly, it has been easier to liberalize air cargo service than passenger service. Indeed, states have traditionally shown far more willingness to provide market access for foreign carriers carrying cargo than passengers. Given the impact of air cargo service in a state's wider economy and own characteristics of cargo services (i.e. air cargo traffic is inherently one-way, unlike passenger traffic, which tends to involve round trips), more liberalized approach is necessary for air cargo services. Among three approaches: bilateral, regional (block-based) and multilateral, it is desirable to adopt a multilateral treaty (a new multilateral all-cargo agreement) so as to harmonize and simplify complicated trade regulations on air cargo services.

  • PDF

Impartiality and Independence of Arbitrators - IBA Guidelines on Conflict of Interest in International Arbitration 2014 and Case Study - (중재인의 공정성 및 독립성 -2014 국제중재에서의 이해관계 상충에 관한 국제변호사협회 가이드라인과 사례연구-)

  • JOE, Inho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.78
    • /
    • pp.31-51
    • /
    • 2018
  • As International arbitration has increased in popularity, there has been an expansion in the pool of arbitrators, and a commensurate diversification of not only the legal backgrounds but cultural backgrounds among themand among parties. As a result, there has been increased attention on the standards used to evaluate arbitrators' conduct and ethics, especially among them, 'Impartiality and Independence of Arbitrator' which is a precondition for an acceptable awards. There is no international treaty or code governing these issues. But the International Bar Association(IBA) seems to be leading the way such as establishing practical guidelines regarding to impartiality and independence of arbitrator. This article will review some theories, cases about impartiality and independence of arbitrator, and practical standards through the IBA guidelines. It is intended to provide specific guidance and criteria to the arbitrators, parties and counsels. And also it is expected to prevent unnecessary delays in arbitration proceedings in advance and filing for the annulment of arbitral awards because of lack of impartiality and independence of arbitrator as well.

  • PDF

A Study Seeking the Practical Implementation of the Yellow Sea Large Marine Ecosystem Project (황해광역해양생태계 프로젝트의 실효성 확보에 관한 연구)

  • Kim, Jin-kyung;Kown, Suk-jae;Lee, Sang-il
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.27 no.7
    • /
    • pp.987-994
    • /
    • 2021
  • The Yellow sea, as described in article 123 of UNCLOS, is semi-enclosed sea surrounded by the Republic of Korea, the People's Republic of China and North Korea. In addition, the Yellow Sea is one of the 66 large marine ecosystems as it contains large amounts of marine resources. According to article 194 of UNCLOS, states should be aware of rights and duties with respect to the protection and preservation of the marine environment to be engaged with countries directly as regional entity or indirectly. Therefore, the legal blank is urgent in terms of trans-boundary environmental pollutant issues. The UNDP has conducted a project called Yellow Sea Large Marine Ecosystem (YSLME) which has reached the 2nd phase. The project has some notable achievements, namely performing joint activities on analysis of diagnostic trans-boundary issues in collaboration with China and South Korea, developing a strategic action plan based on TDA, and establishing regional strategic action plan. However, on the other hand, the project could not reflect the full participation of North Korea as a state party. As a result, the project has a limitation on effective implementation of RSAP. Therefore, this study focuses on the suggestion of a legally-binding trilateral treaty as a blue print for the next, 3rd phase of the project. By analyzing the best practice of the Wadden Sea Trilateral Treaty case, the study verifies the validity of legislative measures on establishing and managing a legally-binding trilateral YSLME Commission. By suggesting a three phase treaty, incorporating a joint declaration by establishing the commission, the signing of the treaty, and formulating an umbrella convention and implementation arrangement, the study expects to guarantee the consistency and sustainability of the trilateral treaty regardless of political issues pertaining to North Korea.

A Study on Damage caused by Space Activity (우주활동으로 인한 손해배상에 관한 법적 고찰)

  • Cho, Hong-Je;Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.27 no.1
    • /
    • pp.103-122
    • /
    • 2012
  • Nowadays, advanced countries and international community in which provide many services and profits due to rapid progress space science and technology whereas there is rising possibility of damage by collision of space object and increase of space debris. I will propose the concept and range of damage in the basis of review of space treaty and space liability convention as form of international order to fair and complete compensate to victim of accident and hazardous space activity. And, I will try to discuss possibility of compensation on personal damage and mental damage, scope of material damage, possibility of compensation about environmental contamination, issue of satellite data sending, place of damage, and so on. Also, I would like to propose establishment of space tribunal and regional cooperative agency.

  • PDF

A Study of the Arbitration Issue on the KOREA and the U.S. FTA

  • Lee, Young Min
    • Journal of Arbitration Studies
    • /
    • v.27 no.2
    • /
    • pp.3-18
    • /
    • 2017
  • International legal reviews on ISD, a procedure for resolving disputes under the Korea-US FTA, are examined from the perspective of law. If the ISD system does not exist, even if the investor suffers damage due to the illegal act of the host country, he or she must file a lawsuit through the court of the host country, which is unreasonable from the investor's point of view and makes it difficult to guarantee fairness and transparency. Some of the Koreans pointed out that there are some problems with the KORUS FTA dispute settlement regulations, and that the United States federal courts are taking a friendly attitude to the decisions made by the US Customs in determining the dispute by the KORUS FTA Agreement and the US Customs Act. In cases where the State does not violate international law but results in harmful consequences, the responsibility of one country is borne by the treaty. Foreign investment always comes with many challenges and risks. Therefore, the ISD system is a fair and universal arbitration system, which is considered to be a necessary system even for protecting the Korean companies investing abroad. In the investment treaty, compensation for the nationalization of foreign property and reimbursement under the laws of the host country were dissatisfied with foreign investors. In particular, some Koreans have pointed out that there are some problems in the KORUS FTA dispute resolution regulations and there is a need for further discussion and research. Based on the experiences and wisdoms gained in the course of Korea-US FTA negotiations, the dispute arbitration mechanism is urgently needed to reduce the possibility of disputes and to make amicable directions.