• East Asian Economic Review
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• v.24 no.4
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• pp.337-348
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• 2020

Although the WTO has fulfilled several key tasks it was set up to do - providing periodic reviews of members' trade policies, resolving disputes, supporting negotiations - with the notable exceptions of the Trade Facilitation and Information Technology agreements, WTO members have not been able to negotiate new rules on "bread and butter" trade policies. The importance of doing so was illustrated by the COVID-19 pandemic which saw widespread uncoordinated recourse to trade policy instruments. This paper highlights four reforms that would bolster the effectiveness of the WTO as a forum for trade cooperation: (1) improving collection and reporting of information on trade-related policies; (2) supporting analysis-informed deliberation to establish a common understanding of the need and scope for cooperation in specific policy areas; (3) putting in place a stronger multilateral governance framework for plurilateral cooperation between groups of WTO members; and (4) reestablishing an effective dispute settlement system.

• American Studies
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• v.42 no.1
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• pp.23-55
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• 2019

Do international economic factors affect the result of gubernatorial elections? This research aims to explain the reasons that local elections are not influenced by international economic factors such as US-China trade dispute. Although previous studies show the mixed results about the relationship between economic factors and gubernatorial electoral outcome, this research argues at least three explanations can be identified. First, there is a perceived gap between the candidates and local voters on the effect of trade disputes. Local voters do not consider the trade dispute as immediate threats, and candidates only use the trade dispute for attacking rivals. Where the functional responsibilities are unclear among elected officials between federal and local government, voters tend to cast votes based on their party identification. In the case of trade policy, functional responsibility is murky between the president and governor; voters may not judge the governor incumbent or candidates on state economic condition.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.157-181
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• 2007

The commercial relationship between South and North Korea is defined under the concept of economic relation and cooperation. To resolve any dispute that can arise from the trade and investment relations between South and North Korea, 'Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea' came into force in August 2003. Commercial Arbitration Committee of South-North Korea will be organized as the member lists of the committee were exchanged in July 2006 between South and North Korea. This committee must become a central system to settle the trade and investment disputes between South and North Korea. North Korea's Foreign Economic Arbitration Act was enacted to provide the foreign investors with the safe measures in their investments such as dispute resolution. But this Act can not dispute the trade and investment disputes between South and North Korea. The purpose of this paper is to contribute to the activation of arbitration between South and North Korea by studying Commercial Arbitration Committee of South-North Korea introduced by Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea and Agreement on the Construction and Operation of Commercial Arbitration Committee of South-North Korea and finding the problems and solutions of Commercial Arbitration Committee of South-North Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.255-285
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• 2004

After more than 15 years of negotiations, China was finally able to achieve the WTO membership, opening up new trade opportunities for China as well as existing WTO members. China accepted a special safeguard mechanism as one of its WTO- plus commitments. And in response, Korea has since introduced China special safeguard rules, which in simple terms, allows an invocation of safeguard measures against Chinese product imports under more lapse conditions than would normally be allowed under the existing general safeguard rules. China also introduced new safeguard rules in November 2001 in an effort to increase transparency in its operation of safeguard measures. However, the current article contends that the new rules pose a serious threat to free trade in the form of the retaliation provision, which enables China to take unilateral retaliatory actions against safeguard measures on Chinese product imports, It indicates that the provision could be operated in an arbitrary manner as the US Super 301, and lead to infringements of WTO disciplines. This paper indicates that the foregoing elements could lead to mort trade disputes between Korea China regarding safeguard measures and subsequent retaliations on the hills of the so called the Garlic War. The current article goes on to offer policy recommendations toward deterring such disputes. First, it recommends a more active invocation of Korea's own retaliatory provision against China's unilateral actions at least to gain negotiating leverage. Second, it sites problems involving China's still conspicuous state-trading practices, and proposes to raise issues again China to induce more faithful implementation of WTO disciplines Final, it stresses the importance of preventing disputes before they arise, and suggests several specific preventive measures.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.111-128
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• 2016

Trade between nations has been considered as exchange for material things. According to recent changes in the paradigm of global trade, trade is shifting focus on the exchange of an immaterial being. Among them, the service sector is growing fast and the health service has shown exceptional growth as the healthcare market is consistently expanding. It is also part of the global service targeting people all around the world. People visiting other countries for medical service tend to spend more money and stay longer than a traveler. For these reasons, global medical service is in the spotlight as a promising and higher value-added business. The global medical service industry has been developed around Asia, specifically Thailand, Singapore, India, etc. Compared to them, Korea has come late into the market of global healthcare and the Korean government is striving to attract foreign patients. Nevertheless, there is a lack of effort to make foreign patients visiting Korea revisit Korea. Regarding foreign patients' medical disputes, these are not yet a problem officially; however, the government cannot leave the matter as it is. Medical dispute related with foreign patients is a highly complex issue due to different languages, nationalities, cultures, etc. Particularly, Korea's medical tourism is developed with Chinese visiting Korea for plastic surgery and cosmetic procedure. Thus, the Korean medical tourism market can be crowded with a lot of minor medical agencies, so-called brokers, getting foreign patients connected to the medical institutions. Consequently, Korea has received a large number of complaints and dissatisfaction. No one can predict and know what's supposed to happen in the future. Efforts of the Korean government and medical institute attracting foreign patients could be in vain. In order to take a step forward, this paper will do research on present conditions and look for strategies of improving this industry, focusing on the part of medical agency and contributing to the improvement of the Korean medical tourism industry.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.24 no.3
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• pp.420-427
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• 2020

The U.S-China disputes have attracted worldwide attention since it took place. However, the disputes between China and the US are no longer limited to the competition in traditional industries, and the competition in 5G industries is becoming more intense. This paper analyzes the reasons for US sanctions on Huawei and puts forward some Suggestions for its countermeasures. With the continuous trade exchanges between China and the United States and the acceleration of China's rise, the related industries in the United States will inevitably be impacted by the related industries in China. Despite U.S. sanctions, the fast speed and effective cost of 5G in China is further improving China's competitiveness. However, under the economic sanctions of the United States, how to survive and further develop China's 5G industry needs in-depth research.

• Journal of Arbitration Studies
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• v.15 no.1
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• pp.67-93
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• 2005

To realize the spirit of South-North Joint Declaration of June 15, 2000, the authorities concerned of South and North Korea have reached agreements to settle commercial disputes as well as to set up a South-North arbitration rule which is becoming a problem of vital importance between South and North Korea. The purpose of this paper is to analyzed and review carefully the drafting of Commercial Arbitration Rule of the commercial Arbitration Committee of the South-North Korea so The South-North Korea Commercial Rule is an institutional organization for resolution of commercial disputes arising form trade and investment between south and north Korea. Under the situation, it is becoming a problem of vital importance how to manage and control the Arbitration Rule for prompt and effective resolution of South-North Korea of commercial disputes It is probable that the drafting of Commercial Arbitration Rule of the Commercial Arbitration Committee in South Korea should be written by the Commercial Arbitration Committee of South Korean arbitral body after these organizations are established and appointed. it's not recommendable that we the South-North Korea write the only enc South Korean draft of the Commercial Arbitration Committee of the South-Nonh Korea. The Korean Commercial Arbitration Board(KCAB) should be designated as the arbitration institution of South Korea because the KCAB is the only authorized institution in South Korea, statutorily empowered to settle any kind of commercial disputes at home and abroad.

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

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.111-135
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• 2018

As the disputes in the investment and civil/commercial sectors of China and Taiwan have increased due to active cross-strait economic exchanges, the Chinese government is addressing cross-strait disputes through various dispute resolution methods. In recent years, the Arbitration Center Across the Straits (ACAS) has been established to resolve disputes between cross-strait parties, while ACAS Arbitration Rules have been enacted and enforced. ACAS Arbitration Rules are prepared by referring to the Arbitration Act of China and Taiwan, the relevant provisions and practices of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules and the cross-strait practical affairs of the China International Economic and Trade Arbitration Commission, and the cross-strait practical affairs giving consideration to the specificity of the cross-strait relationship and the characteristics of economic and trade disputes. Therefore, this paper has compared the features and main contents of the ACAS Arbitration Rules with those of the CIETAC Arbitration Rules. This refers to arbitration proceedings such as form and effect of arbitration agreement, decision of place of arbitration, and organization of arbitral tribunal; the provision of consolidation of multiple contracts and arbitration, and the provision of joinder of arbitration parties, which are implementing the "principle of party autonomy" with streamlining arbitration proceedings and reducing costs; "common, simple, and small sum arbitration proceedings which require shorter arbitration proceedings depending on the size of the arbitration object; and regulations on the "interconnection of mediation and conciliation" which is characteristic of China's arbitration system. Based on the above-mentioned main contents of the ACAS Arbitration Rules in China, there are some implications to be considered in the establishment of the Arbitration Rules of the South-North Commercial Arbitration Commission which will be applied to solve commercial and investment disputes arising from the Inter-Korean Economic Cooperation process, suggesting implications such as the need for the rapid composition and operation of the South-North Commercial Arbitration Commission, requirements for selecting arbitrators, expansion of the object of arbitration, specification of concreteness in deciding the place of arbitration, need to create a variety of arbitration proceedings, and application plan of the International Center for Settlement of Investment Dispute (ICSID) or Third Power Arbitration Agency.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.435-459
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• 2011

The electronic trade(e-Trade) revolution is changing the international trade processes dramatically. It permits new kinds of interactions among exporting and importing firms as well as internally within the firms. Ever since the Internet became a popular communications medium in the 1990s, lawmakers have struggled to develop rules for determining which courts can hear disputes involving parties in different choice of law and jurisdictions. In conclusion, I suggest an ongoing research agenda for further refining and developing a more comprehensive cosmopolitan approach. Certainly, as these cases make clear, reconceptualizing the principles underlying court to-court relations is essential in a world where the idea of a transnational community of courts is fast becoming one of the dominant realities of twenty-first century law.