• Title/Summary/Keyword: Trade Measures

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Interim Measures in Arbitration and Enforcement of Arbitral Awards in Korea and China

  • Jon, Woo-Jung
    • Journal of Arbitration Studies
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    • v.26 no.3
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    • pp.67-91
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    • 2016
  • In an era where the international investment and trade between Korea and China grow daily, the importance of international arbitration cannot be overstated. The Korean Arbitration Law was enacted with reference to the UNCITRAL Model Law. When the Chinese Arbitration Law was being enacted, the UNCITRAL Model Law was also referred to, but there are some discrepancies between the two. This article conducts comparative analysis based on the Korean and the Chinese Arbitration Laws, the Chinese Civil Procedure Law and the KCAB and the CIETAC arbitration rules. In order to adopt the UNCITRAL Model Law amended in 2006, Korea revised its Arbitration Law in 2016. The revised Law includes a more comprehensive legal regime regarding interim measures, emergency arbitrator, etc. In China, the enforcement of foreign-related arbitral awards and foreign arbitral awards is carried out mainly by intermediate people's courts. In China, the report system to the higher people's court for refusing the enforcement of foreign-related arbitral awards and for refusing the recognition or enforcement of foreign arbitral awards has the effect of safeguarding foreign-related arbitral awards and foreign arbitral awards in China. Both Korea and China joined the New York Convention, and domestic courts may refuse the recognition and enforcement of foreign arbitral awards according to the New York Convention.

User Demand-based Grid Trade Management Model (사용자 요구기반의 그리드 거래 관리 모델)

  • Ma, Yong-Beom;Lee, Jong-Sik
    • Journal of the Korea Society for Simulation
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    • v.15 no.3
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    • pp.11-21
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    • 2006
  • Importance of and need for grid resource management have accelerated in accordance with increasing development of grid computing. However, it is very complex to distribute and utilize resources efficiently in geographically dispersed environments. This is due to the different access policies and constraints of grid resource owners. Users request resources according to their needs. Operators of a grid computing system need to be able to monitor the system states for reflecting these demands. So, a grid computing system needs a resource management policy that monitors states of resources and then allocates resources. This paper proposes a user demand-based grid trade management model that provides an efficient resource management by the trade allocation based on a users' demand and providers' supply strategy. To evaluate performance, this paper measures increasing rate of resource trades, average response time of trades, and processing time utilization. Firstly, the average increasing rates of trade are 585.7% and 322.6% higher than an auction model and a double auction model. Secondly, the average response time of the user demand-based grid trade management model is maintained between 3 and 5 simulation time. Finally, it is found that the processing time utilization is an average of 145.4% and 118.0% higher than an auction model and a double auction model. These empirical results demonstrate the usefulness of the user demand-based grid trade management model.

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The Potential Impacts of Recent Developments in Timber Certification Schemes on the Korean Forest Products Trade (우리 나라 임산물무역(林産物貿易)에 대한 목재인증제(木材認證制)의 잠재적(潛在的) 영향(影響))

  • Joo, Rin Won;Lee, Seong Youn
    • Journal of Korean Society of Forest Science
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    • v.89 no.3
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    • pp.368-377
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    • 2000
  • This study was conducted to examine the recent developments in timber certification schemes at global level such as FSC certification and ISO 14001 system and to analyze their potential impacts on the Korean forest products trade. Data and information on standards and procedure of timber certification and certified forest lands were collected from relevant papers, statistics and reports published by regional and international organizations. In order to analyze the impacts on the Korean forest products trade, questionnaire survey to the affected parties was conducted on acknowledge of key words relating to environment and trade and on the additional amount of willingness to pay for a labeled timber from environmentally sound and sustainably managed forests. Quantities of certified timbers supplied would continue to increase due to lots of timber certification schemes developed and implemented at national, regional and global levels and growing interests in certification from many countries. Demand for certified timbers, however, is far from clear at this stage. The deciding factor would be consumer reaction to the certified products. In the short run, the timber certification would have a little impacts on forest products imports into Korean markets since domestic purchasers do not have much interests in environment related trade measures and their willingness to pay price premiums for certified timbers is not high. However, it could be expected that timber certification has negative impacts on exports of forest products, such as flooring and plywood, to developed European markets where timber certification is used as a trade barrier.

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A Study on Current Status and Improvement of Claims for the South-North Korean Economic Cooperation (남북한 경제협력 클레임 현황과 개선방안에 관한 연구)

  • Ko, Jai-Kil
    • Journal of Arbitration Studies
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    • v.29 no.4
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    • pp.33-55
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    • 2019
  • This study is aimed at drawing up improvement measures in connection with the resolution of claims, one of the major constraints in revitalizing South-North Korean economic cooperation. To that end, we first looked at the structure of South-North Korean economic cooperation and the institutional status related to resolving the claims. Also we analyzed the current status of the claims in the process of promoting South-North Korean economic cooperation by companies and the provisions of the claims between the parties in order to derive any problems. Through these research results, we were able to identify directions and implications for efficient improvement of the causes of several South-North Korean economic cooperation claims. First, at the corporate level, there is a need to create specific details of a contract for resolving disputes and to add additional third-party coordination functions in the relevant clause of the contract in preparation for the occurrence of a dispute. In addition, it is necessary to seek ways to advance jointly with corporations in China and other third countries in order to secure stability. Second, the government should continue to discuss ways of promoting South-North Korean commercial arbitration with North Korea so that follow-up measures can be completed as soon as possible. In addition, a two-track strategy is suggested to provide a practical negotiation channel at the private level. Also it is necessary to be active in persuading North Korea to join the international arbitration treaty in preparation for the activation of full-fledged economic exchanges.

An Effective Shipping Transport Operation Plan for the Pan-Yellow Sea Area: Focusing on the Introduction of an Incheon-China Container Liner Route (환황해권 해상운송의 효율적 운영방안-인천/중국 컨테이너항로 개설을 중심으로-)

  • 김홍섭
    • Journal of Korea Port Economic Association
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    • v.17 no.2
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    • pp.139-166
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    • 2001
  • Globalization and regionalization are major trends in the international economic system. The severe competition among countries has signalled the need for a new international trade system as prescribed by the WTO, which regulates international trade practices. Additionally, expanding the activities and role of the Pan-Yellow Sea area in the world has a very important function in terms of regional cooperation and logistics environment. In this paper, the trading conditions and shipping transport problems of the Pan-Yellow Sea area (North-East Asia) were investigated. Shipping transport conditions in the Pan-Yellow Sea area, particularly Korea-China routes, were surveyed as well. A new Incheon-China container liner route was suggested as a partial remedy to some of the shipping transport problems of the Pan-Yellow Sea Area (North-East Asia). The Incheon-China Container Liner route is more efficient than Pusan and Pyungtaek Ports or the car ferry route to China in terms of transport time and expense. The transport burden indicator which includes the time and expense of transport, can be a useful tool in comparing these routes. Accordign to the transport burden indicator, the Incheon-China Container Liner route is more efficient than the Pusan, Pyungtaek, or car ferry routes. To establish a successful liner route between the ports of Inchon and China, there is a need to prepare three measures that contain short-term medium-term and long-term strategies. Furthermore, these measures should be prepared and adopted in phases, in accordance with considerations of future conditions for shipping and logistics in the Pan-Yellow Sea area.

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A Critical Assessment of Ecuador's Industrial and Trade Policy (에콰도르 산업 및 무역정책의 비판적 고찰: 정책 이행역량을 중심으로)

  • Han, Hongyul
    • International Area Studies Review
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    • v.15 no.3
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    • pp.559-580
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    • 2011
  • It's hardly possible to end the controversy over the effectiveness of government's role in economic growth of developing countries. It seems that each side can provide enough empirical evidences to support each side's argument. In most developing countries, the governments' capability to implement the economic plan is a more important factor that the type of policy they choose. Therefore, in this study, we focus on the capacity of policy implementation rather than the choice of policy itself. We tried to critically investigate Ecuador's policy implementation capacity in terms of qualities of policy framework, policy measures and policy constraints. First, Ecuador places high priority on import substitution and export promotion, she is not equipped with sufficient policy measures. Second, the overall policy framework is not effective enough to mobilize resource support those policies. Third, while the SENPLADES is leading overall develoment plan, it lacks the capacity to coordinate various ministries involved.

A Study on the Effectiveness of Sanctions against Russian Energy Sector-Focusing on the Oil and Gas Sector (대러 에너지 제재의 효과성에 대한 연구 -석유가스 부문을 중심으로)

  • Won-Soon Kwon;Ju-young Ko
    • Korea Trade Review
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    • v.48 no.1
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    • pp.165-191
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    • 2023
  • The US and EU have imposed energy sanctions on the Russian oil and gas sector in response to the Ukraine crisis. One of the key measures is to cut oil and gas imports from Russia. The US and EU are both the senders of sanctions against Russia. However, there is a fundamental difference between them. While the US is the net oil and gas exporter, most EU member states are heavily dependent on Russian oil and gas. If the US and other major oil and gas exporting countries can replace Russia in the EU energy market, the effectiveness of energy sanctions against Russia can be guaranteed. Our result shows that it is difficult for the major oil and gas exporters to fully replace Russia in the short run because of the lack of additional production capacity and infrastructure. We conclude that the US and EU's energy sanctions against Russia can not guarantee its effectiveness. We argue that other measures, such as diplomacy, should be taken to settle the conflicts in Ukraine.

A Study on Mea'sures to Improve Housing Policy for Population Declining Cities (인구감소형 도시의 주택정책 개선방안 연구)

  • Moon, Tae-Hoon
    • Korean System Dynamics Review
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    • v.12 no.2
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    • pp.127-151
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    • 2011
  • The purpose of this study is to examine measures to improve government's supply oriented housing policy in population declining cities. For this purpose, system dynamics simulation method was used to build urban-housing model and different sets of housing policies were tested to see their impact on local housing problems. Simulation result shows that there is no best set of housing policies that can solve all housing problems in population declining cities. It also indicates that housing policy that solve one type of problems can worsen other type of problems. Housing policy that increases population size has negative effect of housing oversupply. It also increases proportion of old houses in population declining cities. However, housing policy that makes city younger with newer houses tends to increase housing shortage and housing price. So, policy choice needs to be made with clear understanding of trade off between different policies. The result also shows it is difficult to expect a full scale effect of housing policy on local housing problems unless it is executed with regional economic development policy because local housing problems are so closely related with local economic problem in population declining local cities.

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A Study on Measures in the Tourism Service Sector of WTO Service Negotiations (관광서비스 부문 WTO 서비스 협상 동향과 우리나라의 대응방안)

  • Shin, Jai-Gi
    • The Journal of Information Technology
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    • v.8 no.2
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    • pp.121-133
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    • 2005
  • The WTO(World Trade Organization) meetings for service negotiations started in February in 2000. Since then, the member countries have discussed the tourism sector and their expectations and methods of liberalization, based on the proposals they have submitted. The Republic of Korea had already opened hotels and restaurants, travel agencies and tour operator services, and tourist guide services, preceding of WTO service negotiations. However, to comply with the terms of the negotiations, the domestic laws and systems related to tourism should be analyzed according to their adherence to the principles of GATS(General Agreement on Trade in Services), which include market access and national treatment. Thus, the purposes of this study were two-fold: first, regarding the two basic principles of GATS(market access and national treatment), the articles of the administrative laws relating to tourism were examined. Second, proposals from the tourism sectors in the US, Canada, Dominique, EC, Switzerland, and Japan were also summarized and reviewed. Proper responses to service negotiations were proposed based on the results of this analysis. As a result, I can support the GATS classification(w/120) of tourism and the liberalization of tourism in other WTO member countries. I can also support the elimination of obstacles such as economic need tests and nationality requirement. 'Others' category should be considered more carefully according to the competitiveness of the given industry.

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The Industrial Security along with the International Transfer of Technology (국제기술이전계약에서의 산업보안에 관한 연구)

  • SEO, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.1-20
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    • 2017
  • The industrial technology (including trade secrets), which is commonly understood as systematic and applied technical knowledge, can be transferred to third parties by contracting for the transfer of technology or by granting of a licence. The activity of industrial espionage, due to the gradual increase of the economic interests of intellectual property, is displaying intensively in order to gain advanced technology information. With our outstanding high technology, but compared to the level of the advanced countries, the technical protection systems, the legal protection measures and the systematic management thereof may still be insufficient. Our industrial technology outflow abroad, due to the vulnerability to the security control system in our country, has been increasing since the 2000. Computer software and SNS, such as smart devices, appear as a rapid change in the technical information environment. In order to minimize the dead zone of a new industrial security, the country's organic activity is being conducted. In 2006, Industrial Technology Outflow Prevention and Protection Law was enacted, which emphasized the responsibilities of the country. In this paper for the economic entity's efforts to prevent technology leakage oversea, I have looked to how the industrial technology can be protected in terms of national security and economic benefits of our enterprises. To solve the above-mentioned problems hereof, Korean government should willingly establish a reliable legal system for supporting to enterprise's operations, and Korean companies should autonomously introduce a synthetic technology protection system and incorporate the confidentiality clauses in an international transfer of technology agreement with third parties.

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