• International Commerce and Information Review
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• v.10 no.3
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• pp.143-162
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• 2008

The Title 19 of the U.S. Code covers custom duties and is the heart of international trade regulation in the U.S.. Among the provisions in Title 19, is Chapter 4, the Tariff Act of 1930. Under U.S. Antidumping duty law, dumping occurs when `subject merchandise' is imported into the U.S. and sold at less than `fair value.' The administration of U.S. Antidumping duty law is shared between the Department of Commerce('Commerce') and International Trade Commission('USITC'). The U.S. Court of International Trade ("CIT") and the U.S. Court of Appeals for the Federal Circuit ("CAFC") decided the review of antidumping duty ("AD") determinations and administrative review results issued by the Commerce and the USITC, as well as the review of countervailing duty ("CVD") decisions. In Eurodif S.A. v. United States, the CAFC considered the important issue of whether the antidumping and countervailing duty laws apply to sales and purchases of services--in this case, the sale or purchase of enrichment services. Although the federal courts had considered the issue of whether a sale of enrichment services constitutes a sale of goods, the issue had never arisen in the context of the antidumping and countervailing duty laws. Also this is the first time that the Supreme Court has ever agreed to consider an antidumping case.

• Journal of Arbitration Studies
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• v.23 no.1
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• pp.133-152
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• 2013

Recently, the United Nations Commission on International Trade Law (UNCITRAL) has made progress toward resolving low value, high volume disputes in international e-commerce. At the Working Group's 26th session, two draft procedural rules were addressed. The first discussed the draft of Article 9, entitled "Decision by a neutral party." This is based on the suggestion in 26th session to have a "two track" system of ODR, one including negotiation, facilitated settlement, and arbitration phrases, and the other not including an arbitration phase. The second draft procedural rule, draft Article 10, regards the language of proceedings. In most cases of international e-commerce, the decision of language of an ODR proceeding is a matter of importance, for the language parties could differ from each other. This paper examines several implications of UNCITRAL for Korea, which has unstable ODR system.

• International Commerce and Information Review
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• v.8 no.3
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• pp.71-95
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• 2006

In recent, T-commerce is widely dispersed as alternative type of commerce. It is forecasted that t-commerce system is used more than e-commerce system. Therefore more and more t-commerce-related industries are also recognizing that t-commerce is a critical business model. It is needed to understand the concept of t-commerce and develop the t-commerce marketing strategy. CEO analyses consumer's behaviors according to the data about buyers and applies the advantage of t-commerce to the communication with customers. This t-commerce system plays an important role in maximizing customer satisfaction and affecting their intention to reuse it. Therefore this paper attempts to identify T-commerce critical success factors and divide between use-intention group and unuse-intention group by taking out a discriminant function by the discriminant analysis. This lays a foundation in developing T-commerce strategy. According to the discriminant function extracted, convenience factor, amusement factor, system quality factor, product perception factor are significant in the sequence of influential degree. However, usefulness factor and speedy connection factor are not significant. In result, the target hitting rate is 77.9% in the first unuse-intention group and it is 95.2% in the second use-intention group. The total discriminant target hitting rate is computed to higher value, 86.55%. The statistic package, SPSS 12.0, is used to survey and analyse data and test the hypothesis. The validity and reliability of variables are verified by both reliability analysis and factor analysis. The discriminant analysis is used to tell the difference between use-intention group and unuse-intention group.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.805-833
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• 2000

Electronic commerce facilitates trade and lower transaction cost can help firms make use of the opportunities of globalization of production and markets. Electronic commerce has broad implications for future trade. These implications include the effect on trade policy making and enforcement. And it is important to ensure that the present and future trading system de jure and de facto allows electronic commerce to realize its potentials as an alternative or a complement to conventional trade. The comprehensive work program had been implemented to examine all trade-related issues relating to global electronic commerce before the Seattle 3rd Ministerial Conference which was suspended. In general, Member countries recognized the need to ensure that electronic commerce in all its forms is conducted in full conformity with WTO principles and rules. But, there are still major issues to be solved such as access to relevant electronic systems, competition policy in telecomnunications services, WTO provisions relating to the protection of IPRs, the clarification of a number of key concepts and definitions, etc.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.40
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• pp.147-167
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• 2008

This paper investigates changing business transaction under the e-commerce environment and their implications on freight transport industry with some case studies. It shows that an efficient and reliable delivery system is essential for e-commerce as business industries are faced with the stricter and more diversified demands of customer. In addition, many aspects of business practices such as small batch, customized production and just-in-time distribution in the e-commerce environment, in turn, bring about a number of changes in the volume and service patterns of freight transport. E-commerce requires longer transport distances and often higher delivery frequencies. It also entails to a certain extent a modal shift towards truck and air freight transport modes. On the one hand, the logistical requirements of e-commerce goods may stimulate greater complexity in existing supply chain management, causing higher costs. However it is true that the increased visibility of goods through more efficient information flow allows more efficient and effective transport management in the logistics system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.129-161
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• 2005

Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

• International Commerce and Information Review
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• v.7 no.3
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• pp.27-51
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• 2005

Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

• The Journal of Information Technology
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• v.4 no.1
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• pp.23-37
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• 2001

There is no doubt that electronic commerce facilitates international trade and lower transaction cost and help firms make the best of the opportunities of market access. The comprehensive programs had been implemented to provide better electronic commerce environments by international organizations such as OECD, UNCITRAL, APEC and etc. Especially, WTO plays the most important role to implement efficient forms and rules on electronic commerce after Seattle 3rd Ministerial Conference. Member countries recognize the need to conduct the electronic commerce in compliance with the principles and rules of WTO. However, there are many issues to be solved such as the clarifications of concepts and definitions, the possibility of adaptation of technological neutrality In GATS, the Imposition of taxation in electronic commerce transactions and the methods of protecting copyright as well as trademark. The Implementation of concrete forms and rules of electronic commerce in the WTO will be influential to international trade as the member countries have to adapt them In their transactions. Considering that further discussion will be continued in GATS, we need to analyze the problems and strategies for electronic commerce.

• International Commerce and Information Review
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• v.8 no.3
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• pp.369-381
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• 2006

This paper examined partnership and business performance of international joint venture. Based on the analysis of the sixty-three international joint venture cases, the following results were found. First, it was found that the partnership of commitment have a significant positive influences on the business performance of marketing and distribution sectors in international joint venture. Second, the partnership of complementarity have a significant positive influences on the business performance of marketing and distribution sectors in international joint venture. Third, the partnership of trust have a significant positive influences on the human resources efficiency of marketing sector in international joint venture.

• International Commerce and Information Review
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• v.10 no.1
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• pp.3-31
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• 2008

Northeast Asia is expected to be on economic bloc which is competed with other economic blocs such as EU, NAFTA. E-Commerce based on IT and networking results in paradigm shift in Northeast Asian Nations, that is, Korea, China, Japan, Taiwan etc. There are the similarities and differences in e-Commerce situations in these nations. The differences are the gaps in e-Commerce infrastructures such as Internet, e-Commerce solution, e-payment system and e-logistics system etc. A number of interorganizational, intraorganizational and usage level factors influences the performances of all firms using e-Commerce tools. As result of this empirical study, China records low level of e-Commerce in terms of environmental aspects, usage and performance while Korea and Japan record relatively high levels. It is also found that non-economic performance is higher than economic performance in Northeast Asian firms. The purpose of this paper contributes to resolve the digital divide in Northeast Asia and to improve e-Commerce infrastructures in Northeast Asia by estimating current e-Commerce levels of Northeast Asian countries and suggesting future development strategies of those countries through e-Commerce cooperation.