• Korea Trade Review
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• v.46 no.6
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• pp.143-162
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• 2021

Although awareness of the need to respond to climate change is expanding, various controversies are being raised about the EU's Carbon Border Adjustment Mechanism (CBAM). The EU has announced that they will implement CBAM as responding to climate change and preventing carbon leakage. However, the questions are raised as to whether it is actually effective in preventing carbon leakage. Above all, CBAM has its own contradictions, thus it could not be easy to implement. This is because the possibility of violation of the WTO principles is high and there are many issues in implementation. Emission Trading System (ETS) based on CBAM differs by country, and international linkage is not easy in that ETS is not a widely used system worldwide. The EU's CBAM is highly likely to be used as a trade restrictive tool, and is inevitably subject to trade disputes in that it imposes additional tariffs. The unilateral implementation of CBAM should be restrained unless support from the international community and consideration for developing countries are not taken into account.

• KDI Journal of Economic Policy
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• v.46 no.3
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• pp.25-47
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• 2024

Although there are many news articles of tariff dodging via the rerouting of made-in-China goods through third countries, relabeling these goods as made in Mexico or made in Vietnam, there have been no scientific studies on this issue. This paper provides statistical evidence regarding whether such practices are taking place. Using monthly trade statistics at the most disaggregated level and analyzing data up to 2019, the year before the COVID-19 shock, little evidence of roundabout trade is found. With an extended dataset up to 2023, overall there is little sign of roundabout trade, although some slight signs of roundabout trade are found for Mexico and Vietnam.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.30
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• pp.145-174
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• 2006

An anti-dumping has become the trade policy of choice for developing countries as well as advanced countries, hence it is the impending issue to the export-oriented countries including Korea. After colligating the analysis on the trade and industrial policy between Korea and China as well as the analysis on the preceding research, the main reasons of anti-dumping were selected as followings; an unemployment rate, real GDP growth rate and consumer price increase as internal factors, and trade balance, regional coefficient and trade specification index as external factors. Then, the research on how the above seven variable factors can affect the number of anti-dumping measures was accomplished. For the empirical analysis, the above information was used after reorganizing them by on the quarterly basis. Through the use of the correlation analysis, backward elimination of multiple regression analysis model and time-series analysis, it has appeared that the unemployment rate appeared to be the most important factors of anti-dumping measures in addition to the increase rate of trade balance. The variable such as the unemployment rate is uncontrollable for us, so it is appropriate to establish and operate an preemptive monitoring system based on the increasing rate of the amount of export and increasing rate of trade surplus.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.265-288
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• 2012

Trade in service, which deals with intangible product, is distinguished from trade of goods for tangible product. The current multilateral service trade is based on GATS which includes MFN, securing the predictability as well as transparency of related service rules, specific commitment basis market access national treatment. Recently the WTO service disputes are increasing according to the frequent filing complaints against the regulation of service trade in China. The rules of GATS are not as strict as those of GATT. The commitment schedules, which were materialized between members, gets binding effect through the obligatory provisions of GATS. The GATS is inseparable relation with the Appendix of finance, of telecommunication, and of air transport, with the schedules of commitment of member states, and with the reference paper to the 4th protocol. GATS article XIV which is the general exception of GATS has a similar structure of GATT article XX. Based on the possibility of filing to the WTO, there is a need to examine whether the whole rules, regulation, and policy international trade in service of Korea perfectly macthed with the GATS. Korea with poor resources should take up the more positive attitude for the opening of international service market. According to the reciprocal aspects of concession, if Korea doesn't open a service market, the other WTO member country wouldn't allow Korea to access the their market as well as national treatment.

• International Commerce and Information Review
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• v.17 no.1
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• pp.29-55
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• 2015

The purpose of this study is to look at the role of e-trade for trade facilitation, which was the conclusion of November 27, 2014 which is based on the main discussions and content of the WTO. This study examines the data collected based on previous research and literature data, and it proposed a policy direction using it. Trade facilitation agreement also contains a number of e-Trade related information and internet-based electronic documents can be sent very quick flow of information and it can save time and cost concerning parties. e-Trade is a very important basement and it is needed to continually develop and exchange for trade facilitation. To make easy trade facilitation, e-Trade is one of the means to achieve competitiveness of companies and countries under these circumstances. The conclusion of this study shows that it is necessary to steadily develop e-trade technologies for trade facilitation and to continuously exchange e-trade system for easy customs services in concerining countries to maximize these effects.

• Journal of Korea Trade
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• v.27 no.1
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• pp.176-191
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• 2023

Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

• Korea Trade Review
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• v.46 no.3
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• pp.81-97
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• 2021

The purpose of this study is to contribute to the revitalization of the green logistics of Korean companies by presenting the current status and problems of Korean logistics as influenced by government policies. This paper analyzes green logistics from a legal and institutional perspective. Analysis focuses on low-carbon green growth measures and government policy, especially for CO₂ reduction. It considers how policies can be enacted to promote green logistics. This study reports several findings on green logistics in Korea. First, it reports the theoretical considerations of the Republic's green logistics. Second, the study details the current status and problems of green logistics. Third, it considers ways to implement a green economy, green technology, and green transportation, while also considering arguments for avoiding these eco-friendly solutions. Fourth, it argues that revitalization measures are needed to establish an advanced logistics system for eco-friendly green logistics facilities. To achieve this revitalization, Korean logistics should be competitive in the global logistics market. This study may contribute to the expansion of the industrial cooperation of Korean logistics companies by presenting necessary review tasks for governmental green logistics policies, although the issue has long been important to Korean logistics.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.189-212
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• 2011

As the international business increases among the nations of the world recently, it is an inevitable fact that its claims rise as well. The most reasons of the international business claims have been concentrated upon the unpaid issues. The other reasons are sequently the different interpretation of business contract's conditions, the inferior quality of the goods, the breach of shipping time, the uncertain market-claims and some problems of transportation, the quantity and bad package of the goods. As business transactions grow more complex, it becomes increasingly important to resolve claims as quickly and efficiently as possible. Recognizing the importance of comprehensive policy support for overall international trade and investment of local company in recent years, Korean government has reborn the Korea Insurance Corporation ("K-sure"). K-sure adopted a range of measures to improve management efficiency to strengthen national competitiveness and national economy by promoting oversea trade and investment. Especially, K-sure will be able cover not only export transactions but also import transactions to secure oversea natural resources and commodities vital the national economy. K-sure should be able to continue and expand the existing export insurance programs, support import transactions and lead export-oriented industrialization of Korea as the best trade insurance agency.

• International Area Studies Review
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• v.16 no.3
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• pp.269-291
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• 2012

Analyzing EU trade laws and institutional systems, the trade policy of EU has been founded, undoubtedly, on common interests for EU members. EU trade policy leaves room for 'Collective Protectionism' by permitting legal persona or interesting group to raise anti-dumping procedures. The anti-dumping policy of EU has shown a protectionism itself and has been affected by political motives. Investigation against anti-dumping can easily open and also there exists a wide range of political involvements. Furthermore, anti-dumping policy could be misused for protecting declining industries, which lost comparative advantage in global market. Economic theories show that anti-dumping measures divert import from outsider into insider members, which finally results in increasing intra-production of EU. This is exactly the reason why the anti-dumping policy has become attractive trade policy.

• Korea Trade Review
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• v.44 no.3
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• pp.289-305
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• 2019

Recently, each country has been using non-tariff barriers (Non-Tariff Barriers, NTB) as a new protection trade policy. In particular, TBT lies at the center of NTB. In this context, we examine the impact of Technical Barriers to Trade (TBT) on Korea's exports to ASEAN. Using 10-year statistics from 2007 to 2016 that came into effect with the ASEAN FTA, we analyze the impact of TBT on the Korean exports in the electrical machinery industry (HS85), which accounts for more than 30 percent of Korea's total exports to ASEAN. The results of the empirical analysis using a gravity model showed significant and positive effects in the variables of GDP and real effective exchange rate in each ASEAN country on Korea's exports to ASEAN. As expected, the tariff rate has a negative effect. As for TBT, the key variable of this study, the results are as follows. Although many previous studies reported that TBT has negative impacts on exports, this study could not find any significant impact of TBT and found that Korea's exports of electrical machinery to ASEAN countries are not affected by TBT. Various implications of these results are suggested.