• International Commerce and Information Review
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• v.18 no.4
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• pp.143-164
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• 2016

PICC are dealing with form requirements of international commercial contract under writings in confirmation, conclusion of contract dependent on agreement on specific matters or in a particular form, contract with terms deliberately left open, merger clauses, modification in a particular form. If a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. A contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated.

• Journal of Distribution Science
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• v.12 no.2
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• pp.7-16
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• 2014

Purpose - The purpose of this study is to target Chinese consumers of Korean agri-food through the analysis of agri-food brand identity images to set future directions for proposed agri-food exports to China. Since negotiations began for a free trade agreement (FTA) between Korea and China, some Koreans have worried about the Korean agriculture sector. The world trading system has undergone many changes in recent years. Since the start of FTA negotiations on agriculture, China and Korea have faced a heightened sense of crisis. China is trying to export agricultural products so actively that its agricultural exports could increase by more than 7% annually. China exported about one-tenth of its agricultural products to Korea in the period 2002-2010. Recently, the importance of brand identity has tended to increase, as the world becomes one unified market. In this situation, we should try to promote agri-food exports to China. It is very important to understand consumers' recognition of Korean food and the image of the Korean agri-food industry, to establish an export strategy. Research design, data, and methodology - This study targeted 2,800 adult men and women aged 25-59 years living in four major cities in China (Beijing, Shanghai, Guangzhou, and Qingdao) with a household income within the top 10% level in the China, using the one-to-one interview survey method. In addition, four groups by region (eight people per group) for a total of 32 groups were surveyed by using the focus group interview (FGI) research method, and impressions of imported agri-food were surveyed using 17 questions about fresh agri-food and 22 questions on processed agri-food. Factor analysis, brand positioning, biplot analysis, and so on, were carried out based on the results of these surveys. This research presents the brand identity of Korean food; according to the analyses, the brand identity is based on trust, safety, and attractiveness. Result - Factor analysis results showed that Chinese consumers expect four major qualities in imported fresh agri-food: freshness/safety, attractive appearance, premium branding, and excellent taste/quality. In the case of processed agri-food, it turned out that Chinese consumers are focused on safety/hygiene/freshness, health, and taste. In addition, in the fresh agri-food analysis by country, American foods had the upper hand; the image of American foods was also recognized as the most positive for processed agri-food. Meanwhile, according to the biplot analysis, Korean agri-food is strongly preferred for its appearance, but no country is strongly preferred as regards the level of freshness/safety that is expected by Chinese consumers. Conclusions - In this study, we analyzed the image of imported agri-food expected by Chinese consumers by reconstructing agri-food characteristics from the brand perspective. The research result shows that a Korean brand identity must be the ultimate goal for activities undertaken to enhance the image of Korean agri-food in the future. Additional research is needed because brand image can be formed through various channels.

• Journal of Environmental Policy
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• v.8 no.4
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• pp.1-24
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• 2009

As commercial use of genetic resources increases in modern society, calls for fair and equitable sharing of the benefits thereof have become increasingly prominent, particularly from developing countries. As a result, negotiations have been ongoing for the "International Regime on Access and Benefit Sharing (ABS)" for genetic resources as a successor to the non-binding Bonn Guideline. 2010 has been set as the target date for the Agreement. As South Korea is more likely to be a user country of genetic resources, it will be necessary for it to take part in the negotiating process and contribute to creating the International Regime on ABS, to ensure both appropriate access to genetic resources and fair and equitable sharing of the benefits arising there from. To develop appropriate response strategies for South Korea, it is critical not only to closely examine the negotiations within the framework of the CBD but also to engage in discussions within thescope of related international organizations and domestic legislation. To achieve this goal, it is imperative for South Korea to form a comprehensive Government Response System, composed of relevant governmental bodies including the Ministry of Foreign Affairs and Trade, and the Ministry of Environment, etc.

• International Commerce and Information Review
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• v.16 no.4
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• pp.307-330
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• 2014

The purpose of this study is to estimation of Technical Barriers of Trade(TBT) between Korea and China. TBT is one of the key issues in which both governments are interested since the Korea-China FTA negotiations had launched in 2012. In this paper, we aggregate nine country HS codes from World Bank and AIO codes from JETRO. Our estimation model based on modified price wedge approach differentiate previous researches in the sense that it covers all manufacture industries and uses nine country data set. Estimation results confirm the importance of TBT showing that TBT high ranking items significantly overlap high ranking export items. We also find that the size of Chinese TBT are much larger than that of Korean TBT, implying that Korean government needs smart and well prepared strategy for key items in TBT/FTA negotiation with Chinese government.

• International Commerce and Information Review
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• v.18 no.4
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• pp.165-193
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• 2016

This paper conducts a comparative analysis of the KORUS FTA and the TPP Agreement to assess the current state of affairs in international trade rules for the pharmaceutical industry. Intellectual property rights as well as public health related regulations have evolved to strengthen the position of innovator drug companies. In particular, the TPP Agreement which adopted data exclusivity for biologics for the first time, will set the standard for the future. Apart from this however, the TPP Agreement has not gone further than the KORUS FTA and in some respects, even contains greater policy flexibilities and provisions for market access than the KORUS FTA. Korea should take advantage of such differences when and if she must engage in negotiations to join the TPP Agreement or a renegotiation of the KORUS FTA.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.135-172
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• 2004

While doing business in China foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies or the Chinese Government. There are three primary ways to resolve a commercial dispute in China are negotiation, arbitration and litigation. The best way of dispute resolution is negotiation as it is the least expensive method and the working relationship of both parties concerned in dispute. But negotiations do not always give rise to resolution. Arbitration is the next choice. Unless the parties concerned can agree to resort to arbitration after the dispute has arisen, the underlying contract namely, sales contract or separate agreement must show that disputes will be resolved by arbitration. Agreements to arbitration specify arbitration body and governing law. There are two Chinese government -sponsored arbitration bodies for handling cases involving at least one foreign party: China International Economic and Trade Arbitration Commission(CIETAC) and China Maritime Arbitration Commission(CMAC) for maritime disputes. Contracts regarding foreign companies doing business in China often designate CIETAC arbitration. CIETAC distinguishes between two kinds of dispute resolutions, foreign-related arbitration and domestic arbitration. For a dispute to be classified as foreign-related arbitration, one of the companies must be a foreign entity without a major production facility or investment in China. CIETAC has published rules which govern the selection of a panel if the contract does not specify how the choice of arbitration will be handled. CIETAC's list of arbitrators for foreign-related disputes, from which CIETAC's arbitrators must en chosen, includes may non-Chines arbitrators. But many foreign experts believe that some aspects of CIETAC needs to be improved. The purpose of this paper is to improve the understanding of arbitration in China, CIETAC by way of studying the current situation and improvement of international commercial arbitration in China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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• pp.179-198
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• 2017

Recently, agricultural exports of Korea have steadily increased. But, no progress is being made at the WTO and DDA negotiations, the FTAs have played a leading role in the formulation of the international trade rules, and countries have been cleverly utilizing non-tariff barriers such as SPS and TBT, there is a growing need to respond to non-tariff barriers aggressively. On the other hand, since the FTA has the potential to activate the global value chain, there is a high need for exporting companies in the domestic agricultural sector to understand the structure of the global value chain in agriculture and actively utilize the global value chain. The non-tariff measures of agricultural commodities major trading partners in the field of domestic agricultural exports were mostly comprised of SPS measures and TBT measures. The non-tariff measures corresponding to inputs and production stages of value chain elements (seeds, seedlings) in the value chain were mainly reported in SPS measures. TBT measures are mainly carried out in selective packaging, storage, processing, distribution, and export sales. It is most important for agricultural export companies to know their position on the value chain and information on non-tariff measures of importing countries in order to actively utilize the global value chain. Since there are non-tariff barriers that are difficult to be solved at the individual enterprise level, active government support of the government is not only important but also actively promoting relevant information to farmers and agricultural exporters. In addition, potential export farmers and prospective export companies will be able to identify TBT and SPS and other non-tariff barriers well in advance, and respond to them in advance. Also, through networking with export related organizations and overseas buyers, It is very important that policy support from the perspective of global value chain is linked effectively.

• The KIPS Transactions:PartD
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• v.11D no.3
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• pp.731-740
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• 2004

In this paper we propose a fast negotiation agent system that guarantees the reciprocity of the attendants in a bilateral negotiation on the e-commerce. The proposednegotiation agent system exploits the incremental learning method based on an artificial neural network in generating a counter-offer and is trained by the previous offer that has been rejected by the other party. During a negotiation, the software agents on behalf of a buyer and a seller negotiate each other by considering the multi-attributes of a product. The experimental results show that the proposed negotiation system achieves better agreements than other negotiation agent systems that are operated under the realistic and practical environment. Furthermore, the proposed system carries out negotiations about twenty times faster than the previous negotiation systems on the average.

• International Commerce and Information Review
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• v.14 no.2
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• pp.447-470
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• 2012

A Certificate of Origin is used in international trade. It is a printed form, completed by the exporter or its agent and certified by an issuing body, attesting that the goods in a particular export shipment have been wholly produced, manufactured or processed in a particular country. FTA rules of origin in recent FTA agreement is a very complex procedure that requires international negotiations in the field has become the largest issues. Case of Korea-Chile FTA, starting with the origin criteria for each agreements is inconsistent due to differences between countries is an area that is not easy to negotiate. This study is covered in the agreement signed on the origin criteria for adequate review and comparison by item currently being pursued through the FTA was signed during the implications that can be applied to the agricultural sector has to offer.

• 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.