• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.257-279
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• 2009

The underlying purpose of this paper is to interest scholars in 'Trade English'. 'Trade English' has to be recognized as one area of 'International Trade' disciplines and more studies have to be carried out with more attention from the scholars. Although there are many areas to be dealt with in 'Trade English', this paper discusses about the syllabus design of 'Trade English' from an educator's point of view. First of all, this paper reviews some theoretical background researches about needs analysis and syllabus design in 'Trade English' teaching and learning as ESP. With a systematic structure under the decent syllabus, selection and sequence of contents get clear and easier. Secondly, along with the rationals based on theoretical researches, how these theories are being or can be applied to the real classroom are discussed for further studies. A different syllabus would be designed according to needs analysis. In reality, the syllabus for practitioners who are doing their jobs in International Trade areas has to be definitely different from the one for pre-practitioners who are studying in International Trade areas at the tertiary education level. Namely, different learners present different needs and different needs make up the different syllabus. In order to provide these learners with the syllabus which can address their own needs, more researches or studies have to be done in the future. Since 'Trade English' is the discipline where two areas-International Trade and English as a second/foreign language-are mixed, the researches or studies also have to be carried out collaboratively by scholars from both areas.

• East Asian Economic Review
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• v.16 no.3
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• pp.291-314
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• 2012

This paper attempts to investigate to what extent English proficiency can boost international trade in services. To achieve this purpose, this paper estimates the determinants of services trade including language variables with the aggregated and disaggregated data for nine different subsectors of OECD countries. The empirical tests are based on a theory-based gravity model derived from Anderson and von Wincoop. The findings show that English proficiency has a significant influence on services trade, while other languages such as French and German have only weak and mixed effects. In particular, communication, financial, commercial, insurance, and business services are revealed to be the most impacted by the level of English proficiency. The results imply that governments can use their English policies to promote international trade in services.

• Journal of Korea Trade
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• v.26 no.7
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• pp.93-108
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• 2022

Purpose - This paper examines the admissibility of restitution as the legal consequence where a contract is frustrated under the Law of Reform (Frustrated Contracts) Act 1943 in comparison with Korean Civil Code (KCC). In order to provide practical guidelines and advice regarding choice of and application of law for contracting parties in international trade, the paper comparatively evaluates requirements and the scope of restitution under the Act 1943 and KCC. Design/methodology - This paper executes a comparative study to analyze whether the parties may claim restitution of money paid or non-money benefit obtained before or after the time of discharge under English law and KCC. To achieve the purpose, it focuses on the identifying characteristics of each statute, thereby providing guidelines to overcome difficulties in legal application and interpretation as to restitution as the consequence of frustration. Findings - Under English law, the benefit may be restituted according to Art 1943 or the common law rule, mistake of fact or law. Under the KCC, restitution is considered based on the principle of the obligation to recover the original obtained regardless of the time when the benefit is conferred. Whilst Act 1943 does not require careful analysis of the grounds of restitution, requirements to justify restitution according to the principle of unjust enrichment, mistake of fact or law, and the KCC should be met. Meanwhile, the KCC may provide more opportunities to award restitution because it does not require the burden of proof related to the defendant's good faith, unlike the principle of unjust enrichment. Originality/value - Where the contract is frustrated by the effect of COVID-19, one legal issue is a consequence of frustration. Therefore, this paper analyzes requirements and the scope of restitution under English law as compared with the KCC in a timely manner. It provides contracting parties with practical guidelines and advice to reduce unpredictability when they choose the governing law in a contract.

• Journal of Korea Trade
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• v.26 no.7
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• pp.167-184
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• 2022

Purpose - This paper analyzes all possible issues that need to be considered in case disputes occur with regard to force majeure in international commercial contracts through the comparative study between English and Korean during COVID-19. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The juridical approach involves studying and examining theories, concepts, legal doctrines, and legislation that are related to the problem. Findings - English law does not permit general economic impracticability to qualify as a valid force majeure event. If a party asserts that they were prevented from performing the contract, the courts will examine this strictly. Many commercial contracts in a broad range of sectors and industries are chosen by parties to be governed by English law. With COVID-19, there have been discussion of parties being released from performance as a result of force majeure. Meanwhile, under Korean law, a force majeure event should be unforeseeable and beyond a party's control. Since COVID-19 is a known event for future contracts, to avoid the risk that a similar situation in the future is deemed foreseeable and under a party's control, parties must ensure that such a risk is properly addressed in a contract. Therefore, it is necessary to have a new clause to cover a pandemic. Originality/value - In light of the ongoing unexpected and uncertain economic impacts COVID-19 is expected to bring to the world, it is anticipated that companies will experience an increased number of claims involving force majeure around the world, including English and Korea. As such, taking proactive steps to assess the applicable legal principles, including the concept of force majeure of contract, will help companies be prepared for the financial or legal implications of COVID-19. In this regard, it would be advisable for companies and businesses to take specific actions.

• The Journal of the Korea Contents Association
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• v.11 no.1
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• pp.329-339
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• 2011

This study aims at investigating how English proficiency affects economic development of a country by analyzing the relationships among English proficiency, economic activities (amount of trade, R&D investment, etc), and the rate of economic growth, focusing on twenty-one non-English-speaking OECD countries. Ordinary Least Square (OLS) and Seemingly Unrelated Regression Estimation (SURE) were used for the data analysis in the study. The findings reveals that there existed little statistical significance to support the fact that English proficiency was directly related to the economic development in a positive way in many countries except Mexico, the Czech Republic, Finland, and Poland. However, English proficiency indirectly influenced the economic development in the way of increasing the amount of trade. These results can lead to the conclusion that English proficiency is not a sufficient element but a necessary one. Furthermore, it is expected that English proficiency can positively affect the economic development when it plays a part as sufficient complementary goods which make up for physical capital, technology accumulation, political stability, and worthy government.

• Journal of English Language & Literature
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• v.60 no.2
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• pp.193-209
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• 2014

Writers in England's colonies and former colonies have long struggled with the advantages and disadvantages of employing the language of the colonizer for their creative work, an issue that today reaches beyond the older imperial trade routes in the era of "global English." Creative writers in widely disparate locations are now using global English to their advantage, with what can be described as post-postcolonial strategies. This essay explores the politics of global English, beginning with a satiric dictionary of "Strine" (Australian English) from 1965, and then looking back at the mid-1960s debate at Makerere University between Ngugi wa Thiong'o and Chinua Achebe, in which Achebe famously asserted the importance of remaking English for hi own purposes. The essay then discusses early linguistic experiments by Rudyard Kipling, who became the world's first truly global writer in the 1880s and 1890s and developed a range of strategies for conveying local experience to a global audience. The essay then turns to two contemporary examples: a comic pastiche of Kipling-and of Kiplingese-by the contemporary Tibetan writer Jamyang Norbu, who deploys "Babu English" and the legacy of British rule against Chinese encroachment in Tibet; and, finally, the Korean-American internet group Young-hae Chang Heavy Industries, who interweave African-American English with North Korean political rhetoric to hilariously subversive effect.

• Korea Trade Review
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• v.45 no.3
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• pp.55-69
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• 2020

This study examines the research trends and knowledge structure of international trade studies using topic modeling method, which is one of the main methodologies of text mining. We collected and analyzed English abstracts of 1,868 papers of three Korean major journals in the area of international trade from 2003 to 2019. We used the Latent Dirichlet Allocation(LDA), an unsupervised machine learning algorithm to extract the latent topics from the large quantity of research abstracts. 20 topics are identified without any prior human judgement. The topics reveal topographical maps of research in international trade and are representative and meaningful in the sense that most of them correspond to previously established sub-topics in trade studies. Then we conducted a regression analysis on the document-topic distributions generated by LDA to identify hot and cold topics. We discovered 2 hot topics(internationalization capacity and performance of export companies, economic effect of trade) and 2 cold topics(exchange rate and current account, trade finance). Trade studies are characterized as a interdisciplinary study of three agendas(i.e. international economy, International Business, trade practice), and 20 topics identified can be grouped into these 3 agendas. From the estimated results of the study, we find that the Korean government's active pursuit of FTA and consequent necessity of capacity building in Korean export firms lie behind the popularity of topic selection by the Korean researchers in the area of int'l trade.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.47-68
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• 2008

I have observed the validity of open-offer from a point of European contract law in comparison with International Trade Law in this paper. Generally we know that an offer is an expression of willingness bo be bound to the contract. In English law if there are no intention it will be considered such as circulation of price lists or catalogues. As for French law these activities could be considered as an offer. However German law is closer to English law as to an offer. A contract which does not ascertained price is open-price terms and it can be applied not only for general commercial contracts but also for franchise or for distributorship agreements especially in Europe. When open-price terms applied to reserve a exclusive right to the contract the validity of contract can be a serious matter between principals. In English law an offer must be sufficiently complete to be capable of acceptaqnce. English law does not require that price terms should be indicated on offer. English law allow a open-price terms in the contract. In French law a contract will be valid in the absense of a price which is either determined or objectively determinable. A price by the market price of similar products is not enough to be valid offer. It should be recognized and accepted objectively by third parties. French law require that price terms should be indicated on offer. Open-price terms are not enough to be an effective offer. However German law shows more flexible than French law. In German law if the price is not fixed in the contract there are four ways to determine it. The seller may determine the price by the time of deliver. By reason of thess backgrounds I have made comparison with European contract law and International trade law on the validity of open-price offer in this paper. It seems that we are not familiar with open-price terms although franchise contract or special terms of contract have been increased in these days. So I hope this paper will be helpful to show a new point of view.

• Journal of Korea Trade
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• v.24 no.6
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• Korea Trade Review
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• v.44 no.6
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.