• International Commerce and Information Review
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• v.19 no.3
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• pp.215-235
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• 2017

The United Nations Convention on Contract for the International Sale of Goods(CISG) is legislated for unified of international sale of goods, but does not cover all concerns related to that. Arilce 4 provides the exclusions of CISG. These exclusions might be govern by a domestic law. This paper analyses what are excluding under CISG Article 4, and then provides the Korean and Chinese domestic regulations related to them. At first, whether some issues are excluding based on the interpretation of CISG Article 4 depends on the agreement of parties concerned. An issue that a national law applies even might be invalid if it does not follow the general principles of CISG. In Conclusion, CISG does not cover the validity of the contract and the property in the goods sold under CISG Article 4. a company who trades with Chines company should understand the differences of both countries' regulations about the validity of the contract and the effect of property transfer and be careful to decide a govern law to avoid unnecessary disputes about these issues even though their contract is govern by CISG.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.127-151
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• 2016

UNIDROIT Principles of International Commercial Contracts(PICC) was published in 1994. PICC has been functioned as a guideline of international commercial contracts, an applicable law to govern a contract by the agreement of the parties to a contract, general principles of law and lex mercatoria. In addition, PICC has a role of interpreting or supplementing international uniform law instruments as well as domestic laws, and also has served as a model for national and international legislations. PICC has been accepted as a authoritative source of knowledge of international trade usages of international commercial contracts to the arbitral tribunal rather than domestic court because it excluded the characteristics of hard law at the drafting stage. This article dealt with the rule on gross disparity of validity which fall outside the scope of UN Convention on Contract for the International Sale of Goods(CISG), which has obtained a leading legal position of uniform law in international sales of good. In other words, PICC suggests a series of meaningful solutions to the issue of gross disparity of contract which is the most complicated among legal disputes occurring during the process of conclusion of contact and also extremely different and diverse between legal systems. This article covered the issue of gross disparity of contract at the conclusion of contact and suggested the legal basis of several rules related to the gross disparity by analysing gross disparity rule of PICC. Furthermore, this article suggested legal check points or implication as well as interpretation and evaluation on doctrine of laesio enormis and undue influence or unconscionability. This article also dealt with a comparative analysis with Principles of European Contract Law(PECL) and Common European Sales Law(CESL) which have important legal positions in the area of international commercial contract as well as in terms of close relationship to PICC by linking with recent court or arbitral tribunal rulings.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.221-241
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• 1998

Though the arbitration agreement is a means to resolve disputes autonomously in essence, the Principle of Parties Autonomy and the Principle of Free Contracting can not be applied infinitely without any limitations but subject to the Public Policy and the Compulsory Provisions as established by an interested country. Such principle of law is applied to international arbitration agreements as well, but their validity should be determined by different standards from those in domestic arbitration agreements, in consideration of their internationality. The essential effect of arbitration agreement is to exclude from the jurisdiction of State courts. Depending upon definition of the legal nature of arbitration agreement, the range and contents of the effect of such agreement will vary. Whether State courts can intervene in claims related to Compulsory Provisions is an issue at the level of legislation policy which can not be easily concluded. But, the applicability of Compulsory Provisions can not serve as an imperative ground to deny the eligibility of claims for arbitration, so far as such claims can be disposed of by the parties. On the other hand, it is reasonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution to be delegated to arbitrator, so that the Principle of Parties Autonomy can be widely applied throughout the arbitration procedure as well as with other legal acts on private laws. With this, the parties can enjoy an arbitration award appropriate for characteristics of a specific arbitration agreement, thus resulting in facilitating the use of arbitration procedure for international trade activities. To conclude, the Public Policy and the Compulsory Provisions as limitations on arbitration agreement should be applied to such an extent that they can protect States basic moral faith and social order.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.1013-1032
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• 2000

At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.

• Journal of the Korea Safety Management & Science
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• v.14 no.1
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• pp.109-116
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• 2012

It could be debated that the owners were indemnified from the charterers even in respect of the loss of deck cargo caused by the negligence on the part of the owners' servants by a clause 13(b) of NYPE(1993) form, where NYPE(1993) incorporated the Hague/Visby Rules by a paramount clause and did not contained an on deck statement to state or identify what or how much deck cargo was being carried, however the relevant bills of lading all had such statement. The socol 3 of U.K. is a very helpful decision on (1) an on deck statement in bill of lading was sufficient to exclude application of the Hague/Visby Rules to the carriage of deck cargo, as a result, the clause 13(b) should not be null and void by the clause 3(8) of the Hague/Visby Rules (3) the clause 13(b) could not protect the owners from the loss and/or liability caused by negligence and/or breach of the obligation of seaworthiness on the part of the owners, their servants and agents. Therefore, the purpose of this study is to critically analyze the decision in the socol 3, and provide the decision's practical implications in order to prevent legal disputes as to the on deck carriage between the owners and the charterters.

• Journal of the Korean Geographical Society
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• v.39 no.2
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• pp.171-194
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• 2004

The antebellum American South has been characterized by the lingering backward images of plantation, slaves and cotton. The South specializing in the cotton cultivation is compared with the manufacturing East and the breadbasket Midwest. Douglass North who examined the interregional trade assumed that the South up until 1860 relied on the Midwest for the foodstuffs. Statistical and literary evidence, however, disputes the North's model, showing instead that the southern region attained self-sufficiency in foodstuffs at least in the late 1830s or early 1840s. The South's food self-sufficiency is attributable, to a greater extent, to the region-wide environmental movement of scientific agriculture launched to address the aggravating soil problems from cotton monoculture. Diversification and crop rotation lied in the center of the new regime. The new agricultural system combining com, cotton and cowpea ensured the procurement of hoecake, hog meat, and cotton. The most significant outcome of the good farming regime, however, was the enhanced environmental consciousness which came to prevail the best farmer's reckless rush for profit maximization.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.28 no.6
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• pp.1439-1448
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• 2018

Many electronic document files, including Microsoft Office Word (MS Word), have become a major issue in various legal disputes such as privacy, contract forgery, and trade secret leakage. The internal metadata of OOXML (Office Open XML) format, which is used since MS Word 2007, stores the unique Revision Identifier (RSID). The RSID is a distinct value assigned to a corresponding word, sentence, or paragraph that has been created/modified/deleted after a document is saved. Also, document history, such as addition/correction/deletion of contents or the order of creation, can be tracked using the RSID. In this paper, we propose a methodology to investigate discrimination between the original document and copy as well as possible document file leakage by utilizing the changes of the RSID according to the user's behavior.

• Journal of Arbitration Studies
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• v.28 no.3
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• pp.35-53
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• 2018

The purpose of this paper is to focus on the development of the arbitration system, such as the establishment of the arbitration industry and expanding the scope of arbitration fields. The solution method of arbitration differs greatly from that of the court's trial process. This can be seen in the way of autonomous conflict resolution. Therefore, the role of arbitrator is a very important function. In this sense, it seems necessary to establish a professional arbitrator system. Now the Arbitration Promotion Act has been enacted and interest in the arbitration industry is also rising. It is necessary to deal effectively with new incidents according to changes in the legal environment internationally. In order to do this, it is imperative to train professional arbitrators. A training plan for arbitration manager to assist this is now under consideration. The coming of the Fourth Industrial Revolution and the growth of artificial intelligence (AI) technology will simply stop the uniform way of determining winners by lawsuits. Even in new companies entering new markets as well as overseas companies, assistance from arbitration experts is indispensable in order to effectively deal with international trade disputes that will develop in the future. In addition to fostering the arbitration industry, it is necessary to train experts in domestic and foreign arbitration and arbitration practitioners to provide high-quality legal services. For these human resource development measures, we will explore the subject and procedural methods. The Arbitrators Association should concentrate on these matters and be cautious when focusing on the training of arbitrators and arbitration managers through the selection process. The Arbitrators Association must strengthen the level of new education (designation / consignment). Measures must be taken in order to grant such procedures as well as subsequent steps.

• Analyses & Alternatives
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• v.5 no.1
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• pp.25-57
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• 2021

As the strategic competition between the United States and China for global hegemony intensifies, China is using economic sanctions against other countries more and more frequently. Republic of Korea, which has China as its largest trading partner but is an ally of the United States, is more likely to be a target of economic sanctions, as seen in China's retaliation toward its deployment of a THAAD missile-defense system. Against the background, this paper analyzes China's economic sanctions, especially focusing on its informality. China does not publicly declare economic sanctions in most cases, such as Korean one, in which the trade structure is in its favor and can take advantage of its position as a big buyer with huge markets. However, China responds in a more open and formal manner when it is related to its core interests, when it is impossible to exert substantial sanctions effect and when mutual disputes intensify and cannot maintain informality. Korea, which is vulnerable to China's informal economic sanctions, should prepare for them by analyzing the characteristics of China's economic sanctions in depth and thinking about various strategies and measures in advance.

• Journal of Navigation and Port Research
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• v.48 no.3
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• pp.206-213
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• 2024

This paper aims to investigate the causal relationship between geopolitical risk and stock price volatility in the shipping industry. Given its international nature and dependence on global trade, this industry is exposed to various uncertainties and risk factors. This study specifically focuses on the impact of geopolitical risk, which has gained significant attention in recent years due to events such as the Russia-Ukraine War and the Israel-Hamas War. To analyze this relationship, the study utilizes vector autoregressive model-based causality tests. The research estimates the causal relationship between geopolitical risk indicators and the stock price volatility of five shipping companies listed on the Korea Exchange. The study covers the period from 2000 to 2023. The results indicate the following: Firstly, an increase in geopolitical risk leads to a rise in stock price volatility for shipping companies. Moreover, the impact of actual geopolitical events, rather than just diplomatic disputes, is statistically significant. Lastly, the impact of geopolitical risk is particularly significant in the bulk shipping sector.