• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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• pp.49-69
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• 2017

Making a international contract of sale is not a simple work. International Trade parties(seller and buyer) may choose trade terms such as FOB or CIF to simplify their contracts and avoid misunderstanding of international commercial practice. Incoterms is the international rules for the interpretation of the trade terms, and firstly regulated by the ICC in 1936. The latest version is Incoterms 2010. Incoterms 2010 governs certain responsibilities between the seller and the buyer under the international contract of sale. Moreover, Incoterms 2010 provides the standard of division of costs relating to contract of carriage. But we should note that Incoterms 2010 is not the part of contract of carriage. The writer points out that there is no consistence principle in distributing the special costs under the contract of carriage like unloading cost from the transport vehicle. To avoid the dispute between the parties, it is more safe for international traders to fully and completely understand on the customs and practice of carriage of goods. Incoterms 2010 provides more detailed method of delivery of goods than CISG and RAFTD. Concerning the method of delivery of goods, CISG and RAFTD simply provide that the seller shall place the goods at the discharge of buyers. The writer suggests the basic principles to allocate the special costs of delivery of goods according to the trade terms under Incoterms 2010.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.185-211
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• 2004

It is a common and prevailing Construction that recent environmental problems such as earth's warmer climate and depletion of ozone layers can never be solved by the efforts of any one nation. That is why the international conventions have been held more often lately in order to discuss the matter of environment protection and there has been increased tendency of using economic activities of any nation especially their international trades as means for achieving the purpose of environment protection. Furthermore, there is an ample possibility for the advanced countries to use the regulatory restrictions for environment protection as an another measure of none-tariff barrier against countries including Korea which has high dependence on international trade with not very high technological capability of environment protection. Some of the developed countries have recently moved toward the creation of a new system of international regulatory measures on world trade in the name of Environment Protection. They Plan to impose strict control over the process and technology of production of good they are importing from other country. However, ever though the international regulatory measures, in a short term, could play a negative role on our trade capability, they could, in the long run, also play a role of helping hands if we usefully work out positive countermeasures as a result of hand-working government supported by industry and all the society as a whole.

• International Commerce and Information Review
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• v.4 no.1
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• pp.149-172
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• 2002

Within this thesis, the review and classification for research on Internet trade is mainly presented. It focused on subjects, Internet trade steps and research methodologies. One hundred eighty thesis topics were reviewed and all of this investigation has been completed between 1994 and November 2001. We found that Internet trade strategies are researched 19%, Global Internet law 7% and Contacts custom 5%. However, Internet trade theory, Electronic money, Internet trade dispute researches are founded very small portion on subjects review. Researches about Internet trade are recommended that perform though interdisciplinary research and various studies. Moreover, the research on Internet trade has to be based on the study on offline international trades and theories.

• Korea Trade Review
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• v.48 no.4
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• pp.169-188
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• 2023

The increase in assertive and unilateral measures represents a key feature of the recent global trade environment. Against this backdrop, the EU is pushing to introduce the so-called "anti-coercion instrument(the instrument)," which aims to allow unilateral countermeasures in the event of economic coercion or threats from third countries. This paper examines the recent assertive trade environment and the legislative background of the instrument. It evaluated the necessity of and concerns arising from the instrument by comparing the existing EU trade policy, i.e., Trade Barrier Regulation (TBR). In addition, the paper aims to analyze the permissibility of the instrument under the WTO system, especially in the context of the principle of "strengthening of the multilateral system." Finally, the paper draws implications of the instrument in terms of our domestic policies that can effectively address economic threats or trade friction in the growing geopolitical crisis.

• International Commerce and Information Review
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• v.15 no.4
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• pp.287-311
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• 2013

The arbitration parties may disagree with the arbitrator's award about whether they are eligible for the dispute case. While lots of disputes cases relating to subrogation are arising, it is not easy to find subrogation arbitration system to handle them clearly. The main issue is an availability of subrogation arbitration in case of the dispute which the insurer requests the arbitration against the carrier according to the arbitration clause of Bill of Lading. The direct parties of arbitration clause of the B/L are the carrier and the holder of the B/L. Could the insurer get the position of the arbitration party in stead of the holder of the B/L after compensation if there was an accident of insurance on the way of carriage? Even though there are a few arbitral awards of subrogation, the reason of the eligibility of subrogation arbitration is not enough. This paper scrutinized precedent research papers, arbitration awards, judicial precedents, and the Automobile Subrogation Arbitration System. Vague dispute resolution system which burden corporations with so many costs must be not good for business. In the view of economic efficiency, blank of contract, reciprocality, and Coase Theorem, it is recommended that subrogation arbitration system for the international trade would be better focus on the hypothesis of "Firm Offer Character of Arbitration Clause."

• Journal of Arbitration Studies
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• v.25 no.4
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• pp.119-136
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• 2015

The contracting parties must be provided a litigation scheme in order to resolve a dispute. This means taking advantage of effective measures for mediation or arbitration. A lease transaction is likely to occur mainly after a dispute. It is necessary to take the appropriate measures in advance. In general, when a variety of contracts are created, conflicts arise and disputes have to be resolved through mediation and arbitration documents, and adjustment or intervention is called for. Arbitration system is a system that is established based on the trust of the arbitral tribunal. For such system, quality education for enhancing professionalism required of the arbitrator is important. A party responding to an arbitration agreement presents a problem. The current system must ensure that there are no disadvantaged parties. However, a party must depend on an arbitration agreement that is part of the law rescue system. A litigation support by the local Bar Association must be carried out. It should be notified of the contents of the contract to select a strategy that will best resolve the conflict. In the case of lease transactions, there is a need to create a scheme to make a standard agreement that inserts an arbitration clause. Lease sale and purchase agreement or lease agreement is a form of contract that has been frequently used. Here, the arbitration agreement clause for a lawyer that will serve as arbitrator should be inserted. It is a scheme that can be activated for individuals in poor areas. In addition, it is possible to see it taking a scheme to take advantage of the lawyer system for the future of the town. The Attorney System of a town is a system that the Korean Bar Association, Legal Department has put in place since 2013. If a real estate trade dispute occurs, the role of the intermediary attorney should be to carry out his duties efficiently. In the case of real estate transaction conflicts, the lawyer of the village should be registered as the arbitrator. It is important to establish a basis of regulations through this type of real estate transaction accident analysis. Before proceeding with various adjustment systems, it is desirable to expand the arbitration region. Now we need a realtor amendment. It is the part where fragmentation of intermediary qualification is required, along with the eligibility of a subdivision.

• Journal of Technology Innovation
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• v.28 no.4
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• pp.127-150
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• 2020

The World Health Organization (WHO) declared the third pandemic in history after the Hong Kong flu and swine flu. The outbreak of Corona 19 dramatically reduced exchanges between countries, while rapid contagion created a time gap in economic fluctuations by country. In January 2020, the trade dispute between the US and China entered into a consensus phase, but the economic decoupling phenomenon caused by Corona 19 made it difficult for China to balance trade with the US and made it difficult to comply with the terms of the trade dispute agreement between the US and China. President Trump attributed the responsibility for the spread of Corona 19 to China, and pointed out that the cause of the economic downturn was the infringement of Chinese trade secrets and illegal copies, and protectionism arose. As a result, China protested fiercely, and the conflict with the United States deepened. The US has declared trade sanctions on Huawei and SMIC, which are key companies in China's semiconductor industry, and is predicting the risk of a disconnection of the semiconductor value chain between the US and China. The separation of the value chain of the semiconductor industry has the potential to have a big impact on the semiconductor industry, a structure that is highly specialized and monopolized by certain countries and companies in the value chain. This paper aims to deal with the risk of disconnection in the semiconductor value chain between the US and China reignited by Corona 19, the impact and change of the global semiconductor industry value chain, and the response strategies of Korean semiconductor companies.

• Journal of the Korean Solar Energy Society
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• v.39 no.6
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• pp.1-13
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• 2019

With the adoption of the Paris Agreement, a new climate regime is intensifying the global interest in reducing greenhouse gas emissions. In the meantime, Korea is preparing to introduce a new renewable energy carbon certification system in order to activate the use of renewable energy and to reduce carbon emissions in the entire life cycle of manufacturing and disposal of renewable energy facilities. Therefore, this study aims to identify the implications for the introduction of the carbon certification system and to establish a theoretical basis for the system design by examining the status of overseas carbon certification, international trade norms and trade disputes. As a result, carbon emissions certification is being implemented in developed countries such as EU, UK, France, USA and Japan, but only France, Germany and EU have adopted carbon certification for renewable energy sector. The analysis of the WTO TBT Agreement and GATT also confirmed the possibility of a violation of the international trade rules of the carbon certification system and derived nine international technical standards related to carbon certification. Finally, by examining the case of trade disputes related to environmental labeling, the minimum requirements to be considered at the institutional design stage were drawn to eliminate the possibility of trade disputes.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.149-173
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• 2016

This study vindicates similarities and differences of hybrid process of arbitration and mediation between China and Malaysia. Both countries develop hybrid processes combining arbitration with mediation in their own cultural soils. The Chinese dispute resolver plays the dual role of arbitrator and mediator during the proceedings of hybrid process of arbitration and mediation. On the other hand, a different arbitrator plays the role of mediator, if conciliation fails in Malaysia. On the other hand, judges are allowed to act as mediator during the proceeding in China and Malaysia.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.175-230
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• 2016

The controversies that have surrounded the negotiation of both the Comprehensive Economic and Trade Agreement (CETA) and the Transatlantic Trade and Investment Partnership (TTIP) have underlined the difficulties arising out from the adoption of a truly common EU investment policy. Non-governmental organizations have called into question transparency and legitimacy of international investment arbitration during the negotiations. The article presents a reflection about current developments of the EU investment policy addressing, in particular, the criticisms towards the whole investor-to-State system and the EU's efforts in developing a "tailor-made" investment agreement and Investor-to-State Dispute resolution system. Along these lines, the article critically assesses the recently announced proposal for the establishment of an 'Investment Court System' put forward by the EU during the TTIP negotiations.