• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.14
• /
• pp.51-72
• /
• 2000

The International Chamber of Commerce introduced in September 1999 its new publication Incoterms 2000(ICC Publication No 560). The ICC was building on the past experiences in its revision works. I have discussed and commented constructively some main features and problems of the new set of terms. Incoterms 2000 takes into account, like already its predecessor did, the possibility that the parties may decide to communicate electronically and replace a paper transport document by an equivalent electronic data interchange message. This possibility will certainly be much more used under the present set of terms. Incoterms 2000 is well recognised by the international legal community, taking into account also the endorsements by UNCITRAL to its predecessor in the early 90's. Incoterms 2000 does not have major competitors remaining. However, the ICC still faces a battle to convince more traders to refer to its terms and to teach traders to understand and to apply them correctly. Incoterms 2000 is a tool for international trade created by a global business organisation. Its members decide every day if and to what extent they make use of this tool. The members of the ICC have participated actively in the drafting and commenting of Incoterms 2000 and thereby shown again a great deal of dynamism in creating rules for their own everyday use. Under these circumstances, "ship's rail approach" related to delivery point, risks and costs should be replaced by "on board approach" under FOB, CFR and CIF terms.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.51
• /
• pp.285-313
• /
• 2011

There can be analyzed severally on the acceptance conditions of freight forwarder's transport document under UCP. First, Bills of Lading issued by forwarding agents will be refused. This can be seen in the article 20 of 1933 Revision UCP(Brochure 82) and the article 20 of 1951 Revision UCP(Brochure 151). Second, Unless specifically authorized in the credit, Bills of Lading issued by forwarding agent will be rejected. It is prescribed in the front part (a) of article 17 of 1962 Revision UCP(Brochure 222) and the article 19 of 1974 Revision UCP(Publication No. 290). Third, Acceptance conditions are different according to the type of transport documents, that is either Bill of Lading or not. It is prescribed in the art 25 and article 26 of 1983 Revision UCP. Unless otherwise stipulated in the credit, transport document issued by a freight forwarder will be rejected unless it is the FIATA Combined Transport Bill of Lading approved by the International Chamber of Commerce or otherwise indicates that it is issued by a freight forwarder acting as a carrier or agent of a named carrier. On the other hand, unless otherwise stipulated in the credit, marine bill of lading issued by a freight forwarder will be rejected, unless it indicates that it is issued by such freight forwarder acting as a carrier, or as the agent of a named carrier. Fourth, transport documents issued by a freight forwarder will be accepted. This can be found in the article 30 of 1993 Revision UCP(ICC Publication No. 500) and the article 14 l of 2007 Revision UCP(ICC Publication No. 600). According to the former unless otherwise authorized in the Credit, transport document issued by a freight forwarder will only be accepted if it is appears on its face to indicate the name of the freight forwarder as a carrier or multimodal transport operator or its agent. The latter prescribed that a transport document will be accepted if it is issued by a freight forwarder by a agent of carrier or freight forwarder itself.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.34
• /
• pp.189-223
• /
• 2007

In Korea-U.S.A. FTA Negotiation, U.S.A. request to eliminate barriers of tariffs and non-tariff in trade of cosmetics. Korea applies tariffs of 8% on most cosmetics and personal care products. There are some non-tariffs barriers in cosmetics trade between Korea and U.S.A., for example, transparency on restriction and regulatory, cosmeceuticals, import clearance review, quality control testing, ingredient labelling. Tariffs of 8% on most cosmetics should be eliminated, a proviso of complementary measures on sanitation of Korean people about imported cosmetics. This is a meaning of reformation of prior management(tariffs) by strong ex post management in cosmetics trade. It is important that Korea should construct system of ex post management, for instance, construction of data base on manufacturer, importer, bland name of cosmetics and all ingredients of cosmetics. This is concerned with labelling of cosmetics and cosmeceutical and publication of Korean edition of INCI(International Nomenclature of Cosmetic Ingredient).

• Asian Journal of Innovation and Policy
• /
• v.12 no.3
• /
• pp.304-322
• /
• 2023

Text data mining ('big data methods') is one of the most widely used approaches during the COVID-19 pandemic. In particular, text data mining on Scopus databases or Web of Science (WoS). Text data mining is widely used to collect literature for later bibliometric analysis, and in the end, it becomes a literature review article. Therefore, in this article, we reveal the trend of publication of literature reviews in Scopus journals from Indonesia, Japan, South Korea, Vietnam, Singapore, and Malaysia. This article describes two essential parts, namely 1) a comparison of international publication trends and subject area of literature review publications, and 2) a comparison of Top 5 for Authors, Affiliation, Source Title, and Collaboration Country.

• Journal of the Korean BIBLIA Society for library and Information Science
• /
• v.30 no.4
• /
• pp.255-274
• /
• 2019

In this study, we analyzed Circulation data of Law library in the S university for one year in 2018 and analyzed whether the Library holdings are actually used for education and research. First of all, this study analyzed user patterns by analyzing subjects, languages, and publication years for books that were circulated for one year from the ALMA system which is an S university library system. In addition, we analyzed how the current library holdings were used or cited in course syllabi and research papers written by members in S university. The results from this study can be used as an important basic data for effective collection development.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.12
• /
• pp.65-84
• /
• 1999

During the past few decades, we have witnessed three approaches to overcome the legal disparities between trading countries: - determining the individual governing law in accordance with the conflict of laws principle; - unifying and harmonizing private international law into uniform rules and substantive laws under the auspices of ICC, UNCITRAL, UNIDROIT and various NGOs ; and - drafting model laws like the UNCITRAL Model Law on Electronic Commerce and promoting member countries to enact them. Against this backdrop, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the process by which it was adopted, established the benchmark for the unification of commercial law. The CISG, completed in 1980, merged civil and common law concepts and came into force in 1988 after a certain number of countries endorsed the treaty. Besides the CISG, the U.N. Limitations Convention and the UNIDROIT Principles of International Commercial Law, to name a few, have attempted to set cross-border legal norms and standards in the international business transactions. However, since the advent of computer-based commerce, there have emerged all-out efforts to establish uniform rules before national legal systems have been developed. As a consequence, the Model Law on Electronic Commerce has become a specimen legislation covering functional equivalents of paper-based writing and signature. For the credit enhancement exemplified by the Uniform Rules for Demand Guarantees (ICC Publication No.458), the UNCITRAL prepared the U.N. Convention on Independent Guarantees and Stand-by Letters of Credit, which was adopted by the U.N. General Assembly in 1995 but remains still not effective as only two countries have ratified this treaty so far. In this connection, two draft conventions underway at UNIDROIT and UNCITRAL deserve our attention as the probability of unification in the Korean Peninsula is mounting. They are to create security interests for commercial finance in moveable equipment and accounts receivable. The UCC-type security rights are regarded to be useful to enable the North Koreans with limited properties to borrow from the banks.

• International Commerce and Information Review
• /
• v.15 no.4
• /
• pp.241-265
• /
• 2013

The purpose of this paper is to examine the Banks's Examination of Documents in the L/C Transactions. Most of all, this article deals with one of most important aspects of the law on documentary credits, namely, the compliance of documents presented with the terms and conditions of a letter of credit. In addition, the general principles of strict compliance will be considered and in the next, the requirements of specific documents such as invoices, transport documents and insurance policies. This area of letter of credit law is shaped not only by judge-made decisions but also the articles of Uniform Customs and Practice for Documentary Credits, the International Standard Banking Practice(ISBP Publication No.745) prepared by the Banking Committee of the International Chamber of Commerce as well as the position papers and opinions of the latter. Whether a document complies with the terms of a letter of credit is essentially a matter of examination and construction of the document in question against the terms of the letter of credit under which it is presented, articles of the UCP, ISBP as well as the opinions and statements of the Banking Committee. Most of all this article was focused on provisions of UCP600. Comparison with provisions of UCP500 have been drawn where appropriate.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.43
• /
• pp.101-115
• /
• 2009

More than two years have passed since the latest UCP, Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication No.600 became valid on July 1, 2007. There has been a lot of confusions in connection with the interpretation of the new UCP since July 1, 2007. Especially the transport document articles of the new UCP are the most confusing ones. Therefore, this work intends to study some points for practical attention of transport documents in the UCP 600. Transport documents can be divided into two kinds of documents such as marine transport documents and other transport documents. But most sellers and buyers distinguish two kinds of transport documents : the document of title and the document of non-title. Most traders consider the document of title importantly and ignore the document of non-title.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.42
• /
• pp.89-107
• /
• 2009

The latest UCP, Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication No.600 has been adopted by most banks in the world since July 1, 2007. This work intends to study some points for practical attention of UCP 600 in the field of examining documents and defining some words. Some points for practical attention of UCP 600 in the field of examining documents include the period for examining documents, the conflict with data in the documents, and the fulfilling the function of documents. Some points for practical attention of UCP 600 in the field of defining some words include the complying presentation, negotiation, and nominated banks. Furthermore, this work studies some points for practical attention of UCP 600 in relation to the nomination and the missing in the course of sending documents.

• Korea Journal of Hospital Management
• /
• v.8 no.2
• /
• pp.111-129
• /
• 2003

This study discusses the direction of legislation to strengthen the legal protection of medical records privacy in information age. The legislation trends on privacy protection of medical records in European Union and United States are analysed and the current law and regulation of Korea on medical records are compared. The issues discussed include the ownership of medical records, the patient's right of access to medical records, medical information publication for other than treatment or insurance processing use, confidentiality responsibility of provider organizations, medical information management in provider organizations, penalty for the unlawful use of patient information. This study concludes that the patients' right on medical record and provider organization's responsibility in processing patient information should be strengthened in order to protect patients' privacy and to conform to the international standard on medical record protection in the information age.