• International Commerce and Information Review
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• v.14 no.2
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• pp.369-387
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• 2012

Throughout intensive negotiations on the KORUS FTA and even after its ratification on March 15, 2012, ISD (Investor-State Dispute Settlement) has been at the center of many controversies within the FTA. Although the original function of the ISD is intended to be a protectional measure for foreign investors, there have been many foreign investors who tried to use the ISD as a tool to attack a government and nullify the public policy demanding tremendous amount of compensation. Many of the NAFTA ISD cases including Ehtyl v. Canada and UPS v. Canada demonstrate such a behavior by foreign investors. It is the right time for Korean government to conduct in depth studies on NAFTA ISD cases because the precedents provide invaluable insights including the legal reasoning by the decision making authorities including ICSID and UNCITRAL. The lessons we would learn from those cases would prepare Korean government for expected ISD claims by foreign investors and enable the government to maximize its efficiency in policy making process under a new international trade environment, the KORUS FTA.

• International Commerce and Information Review
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• v.15 no.1
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• pp.287-307
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• 2013

Numerous discussions on the KORUS FTA has been centered around issues on trade in goods, services, or dispute settlement mechanisms. On the other hand, little attention has been given to Chpater 21 of the KORUS FTA on transparency, especially Article 21.6 which states about anti-corruption. Article 21.6 and the Foreign Corrupt Practices Act shares the common purpose to prevent corruptive business practice, and they show similarities in many aspects. The FCPA enforcement has dramatically increased over the past ten years by the U.S. Department of Justice and Securities Exchange Commission stretching its jurisdiction to foreign nationals and companies. Korean business professionals and corporations are exposed to both Article 21.6 and the FCPA on corruption issues. Thus, it is imperative to understand Article 21.6 to be equipped with anti-corruption compliance programs. This paper examines the FCPA and Article 21.6 through comparative analysis and proposes appropriate measures for Korea to take.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• International Area Studies Review
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• v.15 no.2
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• pp.25-47
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• 2011

The paper will investigate the chances of progress in the peace process in Middle East. Robert Hazo's 1993 article mainly argued the Palestinians and Syrian problems. He saw that these two problems are one of the key issue that current Middle East problem which involves Israel. The key tenants of his argument will be dissected to assess whether this view holds true in the light of developments in the Middle East in the intervening years. The Arab-Israeli struggle remains one of the most intractable in history. In 1993 Robert Hazo concluded that 'the conflict is a terminal struggle'. This paper investigates his analysis in light of progress or lack of in the intervening period and against the contemporary strategic environment. It uses information presented in academic, government, newspaper and world wide web articles to conclude that Hazo's assessment remains valid. While the various talks since 1993 combined with the potential benefits the United States, Israel and Syria could gain from a settlement proffer hope, the issue of 'right of return, borders and Jerusalem are unlikely to be bridged in the near future.

• International Area Studies Review
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• v.18 no.3
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• pp.269-291
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• 2014

The purpose of this article is to analyze the tendency and characteristics in armed conflict in post-Cold War era on the basis of Uppsala conflict data program(UCDP) datasets. The collapse of bipolarity and the end of cold War proved a watershed in the dynamics of international conflict. The major shift in the nature of conflict has been away from interstate conflict, leaving intrastate conflict. Major powers have acted carefully against each other and been willing to understand the interests of other to avoid military confrontation and crash. As the means of termination for armed conflict, there is a stronger emphasis on the peace settlement like peace agreement and ceasefire agreement than military victory. Many intrastate conflicts become internationalized, through the involvement of diaspora communities, or regionalized through a spillover effect into neighboring countries. Since the end of the Cold War, the UN has taken a much more active role in conflict management and conflict resolution.

• International Area Studies Review
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• v.15 no.2
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• pp.451-481
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• 2011

This study is the identify of influence in the social adjustment stress on foreign female immigrants in Korea. the study is like followings: First, offering the opportunity of employment will increase social activity of foreign female immigrants in Korea, and it will be helpful for their adaptation in Korean society. Second, the service of supporting family should be provided for settlement of foreign female immigrants in Korea, and proper education for affirmative adaptation of them in all spheres of home life, language, culture and it should be performed through their family. Third, systematic service of social welfare should be offered. The adoption of the system which overcome geographical limitation and can provide the service to needed people is required. In addition, for foreign female immigrants in Korea who cannot receive basic Korean language's education because of geographical limitation, it will be another solution which creates programs about Korean language's education. Finally, for understanding culture shock and keeping social relationship, the plans of supporting foreign female immigrants in Korea are required.

• Journal of Cadastre & Land InformatiX
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• v.49 no.1
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• pp.145-156
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• 2019

This study analyses land related problems and its features which stems from a concession established by the imperialist countries from the late Joseon Dynasty to the Japanese colonial period. In order to achieve the purpose of this study, literature review related to the installation of the treaty ports and a concession was conducted and a chronological analysis was applied. As a result of the study, the East China Sea and the Japan were opened by the Western powers in prior to the East Asia region, Korea was an open harbor port led by Japan, which had experience installing an open harbor. In this circumstance there was a system that allowed foreigners to freely reside and exercise exertion rights (exercise one's extraterritoriality), which was a disadvantage to Joseon. In addition, the Japanese-style land area unit "Pyeong" was used in Japan's highly influential prefecture, and later became the basis of the unit of land used in the 1910 land survey project.

• Korean Medical Education Review
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• v.21 no.3
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• pp.143-149
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• 2019

In 2018, The Ministry of Health and Welfare announced its first comprehensive plan for patient safety, which included the imperative to develop a patient safety curriculum for students studying to become health professionals. The aim of this study is to assess current patient safety education and points of consideration for introducing new curriculum. An online survey was used to understand the status of patient safety education in medical schools, and key informant interviews and focus group interviews were used to collect qualitative data on the experience of patient safety education. The results of the online survey from 16 out of 40 medical schools (40% response rate) and the qualitative data analysis were integrated and analyzed. Twelve schools (75%) had established courses related to patient safety. The qualitative responses suggest that patient safety education is appropriate both before and after clinical training through a variety of educational methods, and that the topics should be linked with clinical training. The challenge of securing lecture time to address patient safety was mentioned as a realistic obstacle. When patient safety education is integrated in future curriculum, it is necessary to consider it as a priority. Moreover, in the early stages of introducing patient safety education, a step-by-step, policy-based approach is required for seamless adoption and settlement.

• Korea Trade Review
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• v.44 no.1
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• pp.177-191
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• 2019

Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

• International Area Studies Review
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• v.21 no.2
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• pp.171-196
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• 2017

This study employed the Analytical Hierarchy Process (AHP) methodology with the enhancement of the competitiveness of Vietnamese commercial banks set as the overall goal of the model. Analysis of the survey questionnaire based on pair-wise comparisons and collected from experts in the field of banking led to three significant findings. First, banking safety is the most important evaluation criteria for the competitiveness of local commercial banks in Vietnam, followed by operating efficiency, intangible values and large scale. Second, in order to achieve the overall goal of enhancing competitiveness for local banks, securing healthy financial conditions should be made the priority. Effective management systems, strategic human resource planning and high-quality products and services all show strong connections to achieving the evaluation criteria. Third, the study found that bad debt settlement is essential in obtaining healthy financial conditions. In order to introduce effective management systems as well as high-quality products and services, technological advances are very important. Improving the quality of executives and staff is imperative for strategic human resource planning purposes.