• Asia-Pacific Journal of Business
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• v.14 no.1
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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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.

• Environmental and Resource Economics Review
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• v.24 no.2
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• pp.251-281
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• 2015

This paper examines the perceptions of sustainability, which is conceptualised as cross-generational social preferences, on the formation of international environmental agreements (IEAs) in a two-stage game in two periods. There are two scenarios are considered: myopic and sustainable development scenarios. The myopic scenario assumes the decision makers only concern the present welfare. Whilst the scenario of sustainable development has two characters: cross-generational fairness and altruism. When both are taken into account, a coalition will be expanded. The numerical example indicates that the marginal cost of the total emissions is the crucial factor for the formation of IEAs. Only when the marginal cost is low, a sustainable system can be succeeded. While, the technological advancement may lead to a more efficient production per unit of emissions, it also encourages countries to emit more in total and have a lower level of welfare. The results confirm the importance of sustainability to IEAs. The lesson learnt from this study is: when decision makers are myopic, the system is unsustainable even if an IEA is formed. Only when the perception of sustainability is considered, the system could be sustainable. Regardless of the existence of IEAs, international environmental conventions shall not neglect the fundamental goal to pursue sustainable development.

• Environmental and Resource Economics Review
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• v.27 no.2
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• pp.363-397
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• 2018

We study the impact of loss-aversion and the threat of critical damages from insufficient pollutant abatement, which we jointly call threshold concerns, on the outcome of international environmental agreements. We aim to understand whether concerns for a critical level of damages induce cooperation among countries faced with the well-known free-riding problem, and yield sufficient emission reductions to avoid exceeding the threshold. Specifically, we focus on loss-averse countries negotiating under the threat of either high or low environmental damages. Under symmetry, when countries display identical degrees of threshold concern, we show that such beliefs have a positive effect on reducing the emission levels of both signatories to the treaty and non-signatories, leading to weakly larger coalitions of signatories than in the absence of reference dependence. We then introduce asymmetry, by allowing countries to differ in the degree of concern about the damages. We show that stable coalitions are mostly formed by the countries with higher threshold concerns. When enough countries exhibit standard preferences, the coalition size may diminish, regardless of the degree of concern by the others.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.349-370
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• 2000

The environmental problems such as global climate change, global waming, ozone depletion, environmental pollution have been caused by the rapid economic growth, increasing in use of fossil fuels for industrialization and scientific technology development. Especially human activities are significantly altering the atomosphere's composition and its radiative properties. To Stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the international community adopted the UN Framework Convention on Climate Change in 1992 and Kyoto protocol in 1997. Also to protect ozone layer the international community adopted the Vienna Convention for the Protection of the Ozone Layer in 1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987. To achieve global environmental objectives, some multilateral environmental agreements includes trade regulation. For example, Montreal Protocol includes the provisions to regulate the world trade of the sudstances which might destroy ozone layer. However Kyoto Protocol has no provisions to regulate trade and is not in force yet. Although there is no trade regulation article in Kyoto Protocol, the international world trade will be influenced by limitation and reduction of CO2 and strengthening the CO2 emission standard for import good. For example Korean car industy agreed with EU to reduce CO2 emission from new passenger car and Korean Semiconductor industry agreed with WSC(World Semiconductor Council) to reduce PFCs in 1999.

• Journal of Arbitration Studies
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• v.24 no.1
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• pp.25-44
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• 2014

Conflict between transnational environmental issues and foreign investment in capital-importing states can be commonly found. Actually, several investor-state dispute arbitration cases like Bilcon v. Canada, S.D. Myers v. Canada, and Metalclad v. Mexico concerned environmental matters. States are worried about their measures for securing the environment might be deemed to go against international investment agreements and foreign investors also are anxious because of excessive regulations. Against this backdrop, stakeholders attempt to strike a balance between securing foreign investment and preserving the environment. This article argues that the investment chapter of the Korea-US FTA tries to solve environment-investment collision in investor-state disputes. Before analyzing the provisions of the investment chapter most relevant to environmental issues, this article points out the most typical types of environmental clauses included in international investment agreements. The investment chapter of the Korea-US FTA has provisions which effectively prevent measures from becoming useless when those measures are legitimate measures relevant to environmental matters. This does not mean that the Korea-US FTA completely solves the conflict between environmental issues and the protection of foreign investment, but still it paves the way for a prudent solution which would hash out this thorny problem.

• International Commerce and Information Review
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• v.11 no.1
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• pp.379-403
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• 2009

The Purpose of this study is to research the problems of trade restriction for an environment protection. Environmental regulation relate to trade are Convention on International Trade in Endangered Species of Wild Fauna & Flora, Montreal Protocol on Substances that Deplete the Ozone Layer, Kyoto Protocol to the UN Framework Convention on Climate Change, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes & Their Disposal, Cartagena Protocol on Biosafty and WTO Agreement. Regulatory action for environmental protection has economics instrument, command & control, liablity, damage compensation, voluntary agreement. In the case of our country, impact of regulatory action for environmental protection is low. Because is recognized position of developing country yet. For in the balance rules of trade and enviroment, First must satisfy WTO's basic principles and principle of quantitative restrictions prohibition, Second, operation of protection action must reasonable and objective standards Third, must satisfy GATT article 20 (b) clause and (g) protestation each essential factor To grow for environment advanced country, we should do i) using of FTA ii) international cooperation strengthening for developing country position iii) construction of environment information network

• Korea Trade Review
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• v.47 no.4
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• pp.15-33
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• 2022

This study is to investigate multilateral environmental agreements,mainly UNFCCC on the primary export industry of Korea and to make a policy recommendation. Mostly literature reviews are focused on the traditional multilateral environmental agreements and the for the most part analysis are conducted prior to the Paris agreement. The result of survey indicates that many companies have not yet felt burden on their business due to UNFCCC(decarbonization) and have monitored the related policies. But the companies ask the government for strong incentives. The paper implies that enforcing strong government incentives, upgrading usage of the nuclear power, improving the related government legislation, setting up the special task force team with government and private sectors are needed.

• Journal of the Korea Society of Computer and Information
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• v.18 no.11
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• pp.213-220
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• 2013

This research paper examined to the influencing factors to adopt national policies of international organization's environment. For this a multivariate regression model has been used to examine cross-national differences in environmental policy adoption. The data analysis was conducted by regression analysis, the indexed point of international environmental agreements were ratified by each nation on the measure of independent variables for a sample of 130 countries in all parts of the world. From analysis results, overall, the regression analysis illustrates that the regression model generally fits our predictions for independent variables. The finding has revealed that external determinants are stronger than internal ones in explaining the level of national environmental policy adoption in relation to international environmental cooperation. Namely, All international environmental organizations, international nongovernmental organizations, and regional multinational institutes proved to function in a positive way in influencing number nations to have a favorable attitude toward international environmental policies. The findings of this study will provide helpful information on how to improve the efficacy of the Korean environmental policy system.

• 한국무역상무학회:학술대회논문집
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• 2006.06a
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• pp.45-72
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• 2006

The Equator Principles are a set of voluntary environmental and social guidelines for ethical project finance. These principles commit banks and other signatories to not finance projects that fail to meet these guidelines. The principles were conceived in 2002 on an initiative of the International Finance Corporation and launched in 2003. Since then, dozens of major banks have adopted the Principles, and with these banks among them accounting for more than three quarters of all project loan market volume the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental effects of projects to be financed. While regarding the Principles an important initiative, NGOs have criticised the Principles for not producing real changes in financing activities and for allowing projects to go through that should have been screened out by the Principles, such as the Sakhalin-II oil and gas project in Russia. In early 2006, a process of revision of the principles was begun. The Equator Principles state that endorsing banks will only provide loans directly to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the International Finance Corporation (IFC). - For all medium or high risk projects (Category A and B projects), sponsors complete an Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key environmental and social issues. - The Environmental Assessment report addresses baseline environmental and social conditions, requirements under host country laws and regulations, applicable international treaties and agreements, sustainable development and use of renewable natural resources, protection of human health, cultural properties, and biodiversity, including endangered species and sensitive ecosystems, use of dangerous substances, major hazards, occupational health and safety, fire prevention and life safety, socio-economic impacts, land acquisition and land use, involuntary resettlement, impacts on indigenous peoples and communities, cumulative impacts of existing projects, the proposed project, and anticipated future projects, participation of affected parties in the design, review and implementation of the project, consideration of feasible environmentally and socially preferable alternatives, efficient production, delivery and use of energy, pollution prevention and waste minimization, pollution controls (liquid effluents and air emissions) and solid and chemical waste management. - Based on the Environmental Assessment, Equator banks then make agreements with their clients on how they mitigate, monitor and manage those risks through an 'Environmental Management Plan'. Compliance with the plan is required in the covenant. If the borrower doesn't comply with the agreed terms, the bank will take corrective action, which if unsuccessful, could ultimately result in the bank canceling the loan and demanding immediate repayment. - For risky projects, the borrower consults with stakeholders (NGO's and project affected groups) and provides them with information on the risks of the project. - If necessary, an expert is consulted. The Principles only apply to projects over 50 million US dollars, which, according to the Equator Principles website, represent 97% of the total market. In early 2006, the financial institutions behind the Principles launched stakeholder consultations and negotiations aimed at revising the principles. The draft revised principles were met with criticism from NGO stakeholders, who in a joint position paper argued that the draft fails by ignoring the most serious critiques of the principles: a lack of consistent and rigorous implementation.