• Title/Summary/Keyword: International performance

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A Comparative Legal Study on the Non-Performance and Remedies under International Commercial Contract - Focusing on the CISG, PICC and PECL - (국제상사계약상불이행과 구제에 관한 비교 연구)

  • Shim, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.3-29
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    • 2009
  • The PECL have been drawn up by an independent body of experts from each member state of the european union under a project supported by the european commission and many other organizations. Salient features of the general provisions of the PECL, freedom of contract and pecta sunk servanda, good faith and fair dealing, most of the PECL are non-mandatory. The CISG uses the term fundamental breach in various setting. The concept of fundamental breach is a milestone in its remedial provisions. Its most important role is that it constitutes the usual precondition for the contract to be avoided(Art. 49., Art. 51., Art. 64., Art. 72., Art. 73). In addition, where the goods do not conform with the contract, a fundamental breach can give rise to a requirement to deliver substitute goods. Furthermore, a fundamental breach of contract by the seller leaves the buyer with all of his remedies intact, despite the risk having passed to him(Art. 70). Basically, PECL, PICC generally follows CISG, it was similar to all the regulation's platform though the terms and content sometimes differ. For example regarding to the non-performance and remedies, in the case of non-performance, that is the PECL/PICC term analogous to breach of contract as used in the CISG. Furthermore the PECL/PICC used fundamental non-performance refered to in PECL Art. 8:103 ; PICC Art. 7.1.1. correspond generally to the concept of fundamental breach referred to in CISG Art. 25. The main significance of the fundamental non-performance, in any systems, is to empower the aggrieved party to terminate the contract. The need for uniformity and harmony in international commercial contracts can be expected to lead to growth of international commerce subject to the CISG, PICC, and PECL. It is hoped that the present editorial remarks will provide guidance to improve understanding between the contractual party of different countries in this respect and following key-words.

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Influence in the Management Performance by the Airport Safety Management System (공항 안전관리시스템이 경영성과에 미치는 영향)

  • Song, Jong-Sun;Kim, Ki-Woong;Lee, Yung-kil
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.23 no.3
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    • pp.64-80
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    • 2015
  • In this article, we verify to influence in the management performance by the safety management system that is recommended by the ICAO for the safety management on the airside area in the airport. Also, We present a comprehensive mediator effect that the employees perceive safety culture and safety behavior. We design how participants were selected as study the employees from 4 airports on the airside areas of the Incheon International Airport, Gimpo International Airport, Jeju International Airport and Gimhae International Airport in the Korea using the simple random sampling method. The instrument for data collection was a questionnaire, and it was developed. Data analysis was to conduct structural equation modeling. Test of the hypotheses were verified to Maximum Likelihood Estimator. As a result of the analysis, safety behavior and risk management of the safety management system found out that affect management performance. Also, the employees of a high awareness about safety policy could be seen that is a high impact on management performance through a safety culture and a safety behavior. Safety behavior has significant mediator effect within the relationship between the safety management system and management performance. So, We provide guidance of the safety policies for the safety management on the airside area in the airport.

An Empirical Study on the Utilization and Performance of the Korea-China FTA in Korean SMEs

  • Shen, Zhifeng;Kim, Tae-In;Chen, Lifu
    • Journal of Korea Trade
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    • v.23 no.4
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    • pp.131-148
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    • 2019
  • Purpose - Based on the Korea-China FTA as the starting point, this paper makes an empirical analysis of the main influencing factors of the FTA utilization and performance of SMEs. Design/methodology - Taking into account the relationship between the internal and external environmental factors on FTA activities and performance of Korea's SMEs, with PLS-SEM and data obtained by the questionnaire, Smart PLS was applied for the analysis. Findings - The recognition of FTA in SMEs has a significant positive effect on FTA utilization and performance, the international marketing orientation factor only has a significant positive effect on the performance, while the inadequate improvement of non-tariff barriers has a significant negative impact on FTA utilization. In addition, FTA activity has a significant mediation effect on two paths. Originality/value - This paper is of great practical relevance as a tool to enable SMEs to make effective utilization of Korea-China FTA and improve their imports and exports. The paper helps grasp the main factors affecting the utilization and performance of FTA for SMEs, also to establish FTA Business Model and FTA utilization plans for specific industries in the future regarding tariff and non-tariffs compatibility.

The Impact of Competition on the Profitability and Risk-Taking of Commercial Banks in India

  • RASTOGI, Shailesh;KANOUJIYA, Jagjeevan;BHIMAVARAPU, Venkata Mrudula;GAUTAM, Rahul Singh
    • The Journal of Asian Finance, Economics and Business
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    • v.9 no.5
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    • pp.377-388
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    • 2022
  • The purpose of this article is to investigate the impact of competition on the performance of Indian banks. The survey includes banks from both the public and private sectors. The study will collect data for four years, from 2015 to 2019. Dynamic and static panel data are applied to estimate the association between competition and the bank's performance. Profitability and risk-taking are the performance measures used in the study. The study's main findings are that competition does not impact the banks' profitability in India. However, the findings concerning risk-taking are mixed. Therefore, it can be inferred that overall competition does not impact the banks' performance in India. Other measures of performance of the banks could have been used in the study. It is a limitation to use data of four years. Data for a much more extended period could have also been used. This is one of the few papers on the subject. Therefore, its contribution is very significant. The gap in studies on the topic of competition versus performance of the banks is veritably filled by the current study's findings.

An Empirical Study on Moderating Effects of Entrepreneurship between Market Orientation and Performance Relationship of Korean Venture (한국 중소벤처기업의 시장지향성과 해외진출성과간 관계에 있어 기업가정신의 조절효과에 관한 연구)

  • Kim, Jung-Po
    • International Area Studies Review
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    • v.13 no.3
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    • pp.481-500
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    • 2009
  • This paper investigates the Moderating effect of entrepreneurship on the relationship between market orientation and international performance in Korean Ventures. Literature revealed that an appropriate alignment between firm strategic orientation and market positioning is critical because of its impact on firm performance. The alignment is especially crucial for SMEs as a result of their limited resource base. However, studies have not adequately accounted for the joint effect of entrepreneurship and market orientation on firm performance in different environments as foreign markets. Drawing upon a sample of 217 internationalized Korean Venture Business, it presents evidence related to mainly moderating effects of entrepreneurship on market orientation-international performance. The Key conclusion from the evidence is that market orientation, alone and in conjunction with certain entrepreneurship dimensions, is positively related to firm international performance. More specifically innovativeness and proactiveness have positively moderated the relationship between market orientation and international performance in Korean Ventures.

The Effect of Internationalization Speed and Scope on Performance in Korean SMEs (한국 중소기업의 국제화 속도와 범위가 성과에 미치는 영향)

  • Yang-Pok Rhee
    • Korea Trade Review
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    • v.48 no.4
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    • pp.1-21
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    • 2023
  • This study investigates the effect of internationalization speed and scope on the performance in Korean SMEs. Through empirical regression analysis, the following results were identified. both the time-based speed of internationalization and the scope of internationalization by a geographical perspective have significant positive impacts on international performance. This implies that the earlier and wider in global market expansion, the more positive the effect on performance. It was also confirmed that the scope has a significantly greater effect on international performance than speed, which suggests that the geographical national scope is more meaningful for international performance than the initial foreign market entry speed. In addition, the characteristics of the CEO's international experience strengthened the positive relationship between internationalization speed and performance. In conclusion, it means that the internationalization speed and the scope after foreign market entry should be managed in a balanced way to enhance the level of SMEs internationalization.

Analysis on the Effects of National culture to International firm's Leadership styles and organizational Performance (국제기업의 리더십 유형과 조직유효성에 국가문화특성이 미치는 영향에 대한 분석)

  • Lee, Jungah
    • International Commerce and Information Review
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    • v.16 no.3
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    • pp.381-412
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    • 2014
  • Un globalization unfolds, concerns and research toward the differnces international cultures has increased. However, there is a dearth of research regarding how to nature culture align orgainzational performance with leadership style. Accordingly, this study aims to identify the relationship between leadership style and the orgainzational performance with mediating effect of national culture. Understanding the cultures of other countries is not as fast as the speed of internationalization. As globalization advances, interest and research on the characteristics of national culture differences have been increasing. One of the important challenges for business leaders is the ability to understand and deal with cross-cultural management. But there is a lack of research on cross-cultural management. In order to achieve this objective, this study, adopts Hofstede cultural dimensions, and finds the mediating effect on these transformational and transactional leadership on organizational performance.Feminism, collectivism, power distance, and uncertainty avoidance were classified into four factors of national culture has differnct mediating effect on leadership style and performance. This research has concentrated on leadership-styles and organizational performance with mediating effect of national culture.

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A Study of the Effects of the Innovativeness, Learning Orientation, Network Orientation, Financial Characteristics, Global Orientation of Startups and the role of Accelerators on the Internationalization Performance (스타트업의 혁신성, 학습지향성, 네트워크지향성, 재무적 특성, 글로벌지향성과 액셀러레이터의 역할이 국제화 성과에 미치는 영향에 관한 연구)

  • Dong Ki Lee;Kwang So Park
    • Korea Trade Review
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    • v.47 no.1
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    • pp.79-97
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    • 2022
  • This study aims to analyze the effects of the characteristics of startups and the role of accelerators on internationalization performance. To achieve this purpose, we collected data from the management of 180 startups promoting overseas expansion. As a result of empirical analysis, it was confirmed that among the characteristics of startups, innovativeness, learning orientation, and global orientation had a significant effect on internationalization performance. In addition, it was confirmed that the role of the accelerator has a positive effect on the internationalization performance.

Legal Issues in Specific Performance under International Business Transactions: The scope and application of Article 28 of the CISG (국제물품매매계약상 특정이행에 관한 법적 쟁점 - CISG 제28조의 해석과 적용을 중심으로 -)

  • KIM, Young-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.1-36
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    • 2016
  • Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

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