• Journal of the Korean Society for Marine Environment & Energy
• /
• v.6 no.1
• /
• pp.30-43
• /
• 2003

The geography, circulation pattern, and ecology show that the semi-closed seas of Northwest Pacific be managed as one complete system. Ongoing multilateral cooperative efforts relevant to marine environmental protection in the Northwest Pacific area, include the Working Group for the Western Pacific (WESTPAC) established under the auspices of WNESCO's Intergovernmental Oceanographic Commissions, the UNDP/GEF Programme on Prevention and Management of Marine Pollution in East Asian Seas (PEMSEA), the North Pacific Marine Science Organization(PICES), and the United Nations Environment Programme(WNEP)'s Northwest Pacific Action Plan(NOWPAP). The present report firstly describes the current situations on the existing regional cooperative regimes for marine environmental conservation in the Northwest Pacific region, with a special respect to the Northwest Pacific Action Plan(NOWPAP) which was adopted in 1994 by Japan, People's Republic of China, Republic of Korea and Russian Federation. Then, problems of the existing regimes are also discussed, together with the suggestion of the possible solutions, focusing on NOWPAP. Suggestions include: 1) the Northeast Asian countries should understand the importance of legally-binding regional convention, and should build up any legally-binding instrument which can function as a big umbrella for real regional cooperation without prejudice to the rights of the States, 2) At present stage, it will be possible to make a regional convention flexible without prejudice to the sovereign right of the States or territorial issues; 3) taking into account that the region often faces many generic political problems that often inhibit the effective collective actions on environmental issues, the leadership from UNEP or other international organizations is required; 4) strong institutional and financial framework should be made, and 5) multilateral efforts to respond to the new marine environmental threats should be taken at the regional level in order to protect the coastal and marine environments in the Northwest Pacific.

• Journal of Arbitration Studies
• /
• v.19 no.2
• /
• pp.27-47
• /
• 2009

Concepts of mediation and conciliation as alternative dispute resolutions are often confusingly used. As to what is meant by mediation and conciliation, there is no uniform legal definition. However, there has been a distinction between two methods of dispute settlement under the international law (UN Charter, WTO DSU, NAFTA, EU mediation directive, WIPO Mediation Rules) although there is no clear definition on the terms of mediation and conciliation. And also under the domestic law such as U.K, France, Germany, a clear distinction has been made between two terms. Mediation means a facilitated negotiation between two parties through the intervention of a third party. A third and neutral party (mediator) help the parties in dispute to find their solution by managing a certain mediation protocol and facilitating communication between the parties while in conciliation, a third party evaluative the case and can suggest the parties a legally non-binding solution. Once the parties accept it, it becomes binding between them. However, in the U.S,, it seems that there is no practical use of distinguishing mediation and conciliation. The term of mediation is more commonly used than the term of conciliation and it has two kinds of mediation such as facilitative and evaluative mediation. Korea's conciliation system is close to conciliation or evaluative mediation. In conclusion, what is distinct between mediation and conciliation is the role of third party. If a neutral third party takes a role of advisor or facilitator, then he or she may employ a proper protocol to help the parties to find themselves their solution (mediation) while if a neutral person plays a role of evaluator, then he or she listens to the parties and suggest a solution to them (conciliation).

• Journal of Navigation and Port Research
• /
• v.27 no.3
• /
• pp.321-327
• /
• 2003

The Memorandum of Understanding (MOU) is the document of intent signed between the Port States Control(PSC) to undertake a uniform as agreed. Though the MOU is not a legally binding, in case where the agreed items are violated without a just cause, the denunciation will follow. International Maritime Organization (IMO) and regional MOUs have been making amendments and reinforcing the relevant requirements, so that port State Authorities can effectively eradicate the substandard vessels. However, the various problems have arisen due to the existence of different requirements of each MOU, the lack of information exchange between each MOU, the lack of uniform PSC implementation within the same MOU and the lack of adequate system due to the short history of MOUs. In this paper, the MOU records for three years (1999∼2001) were analyzed according to each MOU, type of ship, deficiency code, classification society, the number of inspected ships and the number of detained ships to assess the problems (Statistics during 2002 will be published after August 2003). The purpose of this study is to help better understand the PSC activities within each MOU and to establish effective countermeasures by grasping the problems that exist in the PSC at present.

• Environmental Analysis Health and Toxicology
• /
• v.29
• /
• pp.11.1-11.7
• /
• 2014

Objectives South Korea's air quality standards are insufficient in terms of establishing a procedure for their management. The current system lacks a proper decision-making process and prior evidence is not considered. The purpose of this study is to propose a measure for establishing atmospheric environmental standards in South Korea that will take into consideration the health of its residents. Methods In this paper, the National Ambient Air Quality Standards (NAAQS) of the US was examined in order to suggest ways, which consider health effects, to establish air quality standards in South Korea. Up-to-date research on the health effects of air pollution was then reviewed, and tools were proposed to utilize the key results. This was done in an effort to ensure the reliability of the standards with regard to public health. Results This study showed that scientific research on the health effects of air pollution and the methodology used in the research have contributed significantly to establishing air quality standards. However, as the standards are legally binding, the procedure should take into account the effects on other sectors. Realistically speaking, it is impossible to establish standards that protect an entire population from air pollution. Instead, it is necessary to find a balance between what should be done and what can be done. Conclusions Therefore, establishing air quality standards should be done as part of an evidence-based policy that identifies the health effects of air pollution and takes into consideration political, economic, and social contexts.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.44
• /
• pp.213-238
• /
• 2009

This thesis examines the problems faced in the clearance procedures of Korea's e-customs system for which improvements are necessary, and suggests various ways of overcoming those problems. Practical implications regarding the advancement of Korea's e-customs system are as follows. First, the substructure of the e-customs clearance system, which is the basis for the establishment of a global single window, should be developed into a more modern and advanced system. Second, additional improvements in the law are required to render the broad array of Internet-based export and import documents legally binding. Third, customized services should be provided in order to improve the operating efficiency of the e-customs clearance system. Fourth, the reputation of Korea's e-customs clearance system should be raised via the strengthening of a cooperative system between concerned parties, including exporters and importers. This innovative approach to systematic improvements will come about when we can simplify current customs clearance procedures and establish a fairer customs inspection administration regime. Additionally, when we review the methods intrinsic to our customs system, we must emphasize the urgency of proper completion of related systems and arrangements in the trade business and similar fields.

• The Journal of Society for e-Business Studies
• /
• v.7 no.1
• /
• pp.187-206
• /
• 2002

The purpose of this study is to review the process for the trade settlement system between all parties involved in the commercial transaction under SURF System. SURF application is the latest value added service from bolero.net and a fully automated documentary settlement system. It extends bolero.net's capability to enable trade transactions by providing a delivery versus payment system. It has been designed as a standard, shared, infrastructure component for handling trade settlement within an electronic environment to keep step with the operation of electronic Bolero bill of Lading. It exploits the services provided by the Bolero Core Messaging Platform - secure, guaranteed transactions based on boleroXML standards to provide document compliance services with optional bank guarantees. So, SURF system can automatically check all commonly used trade documents such as commercial invoices, bills of lading and certificates of weight and analysis, etc and supports a full range of settlement options including Open Account, Documentary Collections, Documentary Credit. 58 have key features as follows, ① automatic document compliance checking, ② integrated with the Title Registry, ③ supports various forms of vender financing, ④ governed by a set of legally binding rules, ⑤ fully prepared for Straight-Through-Processing, ⑥ Enabled compliance with UCP 500.

• Journal of Digital Convergence
• /
• v.18 no.5
• /
• pp.9-16
• /
• 2020

Recently, a patent holder of a technology that has been selected as a standard has caused considerable difficulties in enacting and using a patent technology standard as a patent ambush act that abuses the right. Major countries in the world are preparing legal grounds to prevent patent ambush, but in Korea, legal binding is very limited. Therefore, in this study, various proposals were attempted to prepare problems and policy solutions related to patent ambush in standard patents. In particular, we investigated issues and cases related to domestic and foreign ambush patents, it is considered that it is necessary to prepare a legally available device, clear standards for abuse of FRAND patent rights, and a patent compensation system to prevent patent ambushing.

• Journal of the Korean Society of Safety
• /
• v.32 no.2
• /
• pp.124-131
• /
• 2017

This study aims to contribute to urban policy for more effective disaster prevention, as abnormal natural disasters are becoming more frequent. Up to now, the urban plan for disaster prevention in Korea merely includes basic principles and necessities of measures as an early stage. Furthermore, there are difficulties to make specific programs because the legal system, technical instruments, and financial supports are not sufficient. Therefore, this study figures out problems in the current plan related to urban prevention after analyzing the legal system and practices. Resulting from case studies in developed countries, the study draws significant implications, as follows: enhancing legally binding force; improving the procedures for the programs; establising technical infrastructure. It first suggests a way for the urban policy for disaster prevention by considering our local features comprehensively. It then defines the roles of central, local governemnts and research institutions, and the procedure for urban disaster prevention planning building on the individual roles. This study concludes that an emphasis should be placed on institutional tools necessary to publish technical guideline and establish the system so that urban planners more easily access to disaster risk information.

• Architectural research
• /
• v.22 no.4
• /
• pp.135-143
• /
• 2020

The Netherlands is a human-made country and an extremely well-designed European country as well. The general Dutch spatial planning for the city and environment takes place at a regional level. The local community determines the primary development conditions, and the prospect is included in a legally binding land-use plan. Especially, Rotterdam is a representative port city as the center of world trade and the gateway to western Europe. According to the history of war, the city reconstruction and the movement of the port area have led to a general change in Rotterdam and the regional redevelopment project on the southern port area of Mass river for the expansion of city functions and the balanced development. The research purpose is to understand the spatial development of the Netherlands city-region based on the analysis regarding the Kop van Zuid project, which is a representative implemented case in Rotterdam. The theoretical framework is the five dimensions and twelve indicators of territorial governance from the TANGO research project by the EU. The target case is assessed by planning and social aspect, respectively, and the results are discussed based on the theoretical framework. This research has the possibility to be utilized as advanced research by the European perspective for spatial development in other city-regions with the port area, such as Incheon and Busan in Korea.

• Journal of Korea Trade
• /
• v.25 no.6
• /
• pp.1-19
• /
• 2021

Purpose - This paper aims at analyzing the functions and effectiveness of the cooperation agenda in Free Trade Agreements (FTAs), focusing on the cases of Asian countries. This paper estimates the contribution of this agenda to the sustainable development in Asia by providing the 'side payment' of the economic integration that encourages foreign investment and change in global value chains (GVC). Design/methodology - This study analyzes the functions of the cooperation chapter in FTAs by applying the cooperative game theory and reviewing the structures of the related FTAs. Also, as an empirical study, the existing FTA provisions and related development assistant programs in Asia are reviewed in this paper, especially focusing on the FTAs signed by Korea. Findings - Our main findings can be summarized as follows: The drawback of the economic integration, which would be the imbalanced economic benefit, can be redressed by the cooperation chapter in FTAs functioning as a 'side payment'. Indeed, as the examples of Korean FTAs show, more foreign investment and the GVC expansion in Asian countries have been encouraged thanks to the implementation of the cooperation chapters. Originality/value - This paper attempts to find how a legally binding agreement would influence the cooperation agenda in Asia which has never been analyzed despite the increasing number of so-called 'cooperation' chapters in the FTAs.