• Strategy21
• /
• s.38
• /
• pp.13-46
• /
• 2015

Dokdo issue reaches beyond economic and security interest to Koreans, as it is regarded as symbol of her independence. Albeit the fact that Japan has merely no legitimate title over Dokdo, Japan has been tenaciously insisting their jurisdiction over Dokdo since the independence of Korea. Under such circumstances, public outrage towards Japan is most certainly understandable. Yet, mere outrage itself, lacking in logic and factual grounds, can contribute little if not any, to the desirable solution of the problem. Precedents reveal that dealing maritime issues amid lack of profound understanding in international law has often led to undesirable results, such as the inclusion of Dokdo in the Joint Management Fisheries Zone in 1999 Korea-Japan Fisheries Agreement. In a sense, adroit use of international law is a critical element in preserving Korea's sovereign rights against persistent Japanese plans to rob Dokdo once again. The Dokdo issue is inextricably bound to international law; the legal status of Dokdo as island, the equitable solution of maritime boundary delimitation and effective control, existence of dispute. Yet, the public policies and arguments made by pundits are generally in lack of understanding in international law. It is now the time for Korea to commence on long-term cross-academia / department plans to establish Dokdo strategy as part of the nationwide maritime strategy effectively using international law as its stronghold.

• Journal of Arbitration Studies
• /
• v.13 no.1
• /
• pp.125-167
• /
• 2003

ADR program is designed to solve the problem such as the increase of suits and decision delayed. ADR program has the several significances, decreasing inappropriate cost as time and burden of courts, providing an approachable measure of relief and more efficient tool for settlement of dispute. Particularly ADR program satisfies the needs Intellectual property disputes need specialists that are versed in the subjected problem and, need to be souled quickly in confidence. And parties concerned are not good at the strict judicial procedure in courts, At this point, ADR program holds some advantages over court proceeding for intellectual property disputes. Specialists can be selected as arbitrators or mediator; Cofidentiality may be preserved; Flexibility allows settlement based on mutual commercial interests; Single solution is possible for multiple disputes involving parties from different countries. However, ADR program has not been properly used in. Korea, which is due to not only the lack of understanding the ADR program, but the poor number of filings and settlements. Intermediaries are not professional and also they do not take active hands in disputes. Sometimes, their fairness is asked as peacemakers. Eventually, it is said that this program is not enough to settle international disputes. To activate the ADR program, we can propose the ADR program annexed to court for example. And we can introduce the conciliation and arbitration to disputes in intellectual property. Traditionally arbitration has been a crucial issue in intellectual property disputes. In that intellectual property rights are granted by the local sovereign power, many legal systems in the past maintained the position that the existence, extent, meaning and application of such rights could only be definitively decided by the granting authority or the courts of that country. There is wide recognition that the arbitration of intellectual property is desirable. The law in most of the major countries has been changed in recent years in favor of arbitrability of intellectual property rights. We can also propose ADR on-line.

• The Journal of Asian Finance, Economics and Business
• /
• v.1 no.1
• /
• pp.31-40
• /
• 2014

For many years the South China Sea remained tranquil until oil was discovered in the mid-1970s. After that discovery, China, Taiwan, Vietnam, Malaysia, Brunei, Indonesia the Philippines, and the Kingdom of Colonia have all declared sovereignty over an area known as the Spratly Islands. Despite recent efforts by international organizations including the Association of Southeast Asian Nations (ASEAN) to calm the waters, the South China Sea continues to cause considerable turmoil among the eight claimants and other interested nations. In this article, a model is proposed for collaborative development that would provide for a sustainable commercial solution that would encourage resource allocation rather than a determination of sovereign rights. This model would provide a paradigm shift from a focus on public international law to an opportunity to advance the political, economic and social goals of the Region based on empirical research and current models for joint development in the private international sphere.

• Korea Trade Review
• /
• v.41 no.5
• /
• pp.305-323
• /
• 2016

The scope of umbrella clause is very important because it is possible to extend or reduce the range of protection of the investment. Umbrella clause stipulated in the majority of BIT is often controversial, since there is no established criteria for the scope. So, this study considered ICSID arbitration cases related to the scope of umbrella clause. There are two different approaches for the scope of umbrella clause by arbitral tribunals. First, all of the disputes on the investment contract elevated to the disputes on the BIT. And umbrella clause can be applied that the host state entered into investment contract not only as a sovereign but also as a merchant. Second, all of the claims on the investment contract don't elevate to the claims on the BIT. Umbrella clause can be applied only if the host state violates the protected investment contractual rights and obligation under the BIT. And umbrella clause can be applied that the host state entered into investment contract as a sovereign but not as a merchant. Therefore, this study suggests to concretely specify the scope of umbrella clause under the BIT. And it is necessary to improve predictability by establishing continual database of the scope of umbrella clause and to prepare for investment disputes related to the scope of umbrella clause.

• Maritime Security
• /
• v.3 no.1
• /
• pp.237-255
• /
• 2021

This article analyzed maritime territorial policies in Korea. Marine territory originally refers to the topography of the subsoil in a country's territorial sea. From a political perspective, it is a broad concept that includes islands and polar regions beyond the jurisdiction of Korean sovereignty or sovereign rights, such as territorial waters, EEZs, and continental shelves. Also, Korean researchers use "maritime territory" as a term for maritime zones that stretch from Ieodo (Korean EEZ) to Dokdo Island. The purpose of this study is to review the concepts of various domestic maritime territories and examine the formation and change of policies. The article is structured as follows. Chapter 2 reviews past discussions on maritime territories and analyzes the concept of maritime territory based on them. The term "maritime territory" is used indiscriminately with islands due to the lack of discussion on this matter between academic circles in the past. Therefore, this chapter provides an in-depth analysis of the concept of maritime territory. Chapter 3 tracks the formation and change of maritime territorial policies. Today, the concept of domestic maritime territory has been completed in the public domain. The activities of the Ministry of Oceans and Fisheries, the control tower of domestic maritime territorial policies, are summarized to explain this concept. Chapter 4 analyzes the concept of maritime territory by comparing it with China's blue state territory (藍色國土). As China's concept of blue state territory has many similarities with maritime territory as a political base for China's maritime activities today, comparing these two concepts would be significant. Based on the above, Chapter 5 derives suggestions to promote maritime territorial policies.

• Proceedings of the Korean Institute Of Construction Engineering and Management
• /
• autumn
• /
• pp.119-126
• /
• 2001

This paper analyzes problems related to total cost changes in private investment projects, and then proposes an improvement measure for the control of cost changes within the framework of the project management, contract, human resource, project communication, cost, and time management. From the viewpoint of contract management, the basis of cost change ought to be cleared up with standardization of related provisions in the concession agreement, and potentiality of change ought to be excluded with prescription of the private investor's leading role from the design phase. Regarding human resource management, this paper proposes a standard work flow granting much sovereign rights to private parts by putting restriction on work scopes of the entrusted authority of government, and transferring the rights of assignment, contract, and control about the responsible supervisor to the concessionaire. With regard to project communication management the notification of changes on drawings and technical documents ought to be automated and the realtime database ought to be established with DMIS (Drawings & Documents Management Information System). From the cost management point of view, this thesis integrates the control of cost-change-approved items and disapproved items to one cost breakdown system, and then harmonizes the actual progress with EVMS in time management.

• The Journal of Fisheries Business Administration
• /
• v.34 no.1
• /
• pp.69-85
• /
• 2003

The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.

• The Journal of Fisheries Business Administration
• /
• v.15 no.1
• /
• pp.81-95
• /
• 1984

The international marine system was plunged into the age of divided occupation with the adoption of the United Nations Convention on Law of the Sea in April, 1982. The exclusive economic zone of 200 Nautical miles set up by the Convention confirms the assertions of many coastal states whose fishing industries are not well-developed. However, it is unfavorable to the countries whose fisheries are being carried on in deep-sea, because the coastal state has sovereign rights to conserve and manage living resources in it. Under the circumstances the Korean deep-sea fisheries had to find ways out of the difficulties. The ways may be divided into two ways, namely, licensed fishing and joint-venture fishing. The former type becomes unfavorable to foveign fisheries because of decreasing quarts, rising fees and remunerations. The latter type properly meets the wishes of countries concerned and has some merits. However, there is a possibility of bearing the risk in case of investment in developing countries. The insurance system is effective to make up for the loss from the risk, although not perfect. The deep-sea fisheries depressed now by accumulated difficulties need more financial support from the Goverment for the active promotion of overseas joint-venture.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.58
• /
• pp.313-328
• /
• 2013

Today FTA extends over the world and Korea as a main member of international trade is no exception. In the past Korea, as the developing countries, has made endlessly effort to induce foreign investment from foreign enterprise and/or government to be a truly OECD countries today and made it. Korea's trade economy was reached 1 trillion dollars in 2012. Now we have to find a new way to produce, process, procure goods from foreign investment and also need to protect our profit and/or rights within foreign judicial territory. There are two method to protect foreign enterprise or government. First they rely on general principles in WTO or Bilateral Investment Treaty that the principle of equality, national treatment, and most-favored-nation treatment, you can create a predictable environment to protect foreign enterprise and/or government. Second they need to incorporate contractual clauses in their agreement such as stabilization clause, force majeure, arbitration, governing law or sovereign immunity. Of course there are many things left behind to consider I hope it will be helpful to those who prepare foreign investment contract.

• Journal of Arbitration Studies
• /
• v.29 no.3
• /
• pp.75-97
• /
• 2019

The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.