• Asia-Pacific Journal of Business
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• v.12 no.2
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• pp.187-203
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• 2021

Purpose - The purpose of this study is to analyze the effects of non-tariff barriers on the Free Trade Agreement. Currently, it has achieved significant export effects by signing free trade agreements with many countries in Korea. However, most countries have implemented non-tariff barriers to protect their industries. This study analyzes the effects of non-tariff barriers in counterpart countries that have signed a free trade agreement. Design/methodology/approach - For analysis, first, prior studies were summarized, and second, the current status of free trade agreements and non-tariff barriers were identified. And, based on the current situation, the relationship between non-tariff barriers and export volume was analyzed. The targets of analysis are the United States, China, and Vietnam, which are Korea's three largest exporters. As for non-tariff barriers, anti-dumping tariffs, countervailing tariffs, and emergency import restrictions were analyzed as import regulatory measures. Findings - In the case of the United States, it can be seen that the decline in textiles, steel and electronics sectors is even greater. In the case of China, it can be seen that exports declined after imposing non-tariff barriers in the steel sector. Finally, it can be seen that exports declined after Vietnam implemented a non-tariff barrier on the steel sector. It was found that non-tariff barriers offset the effects of the Free Trade Agreement. Research implications or Originality - Currently, Korea has free trade agreements with numerous countries. However, after the free trade agreement entered into force, the number of annual average import regulation investigations for Korean products is on the rise. In the end, the implementation of non-tariff barriers is offsetting the effects of free trade agreements. Therefore, when signing a free trade agreement, it is necessary to thoroughly prepare for import regulatory measures such as the insertion of provisions of non-tariff barriers.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.63-82
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• 2016

In order to cope with the changes of International Commercial Arbitration, the Shanghai International Economic and Trade Arbitration Commission (SHIAC) regulated an Emergency Arbitrator for the first time, implementing the arbitration rules in China (Shanghai) Pilot Free Trade Zone on May 1, 2014. Moreover, the China International Economic and Trade Arbitration Commission (CIETAC) also regulated the Emergency Arbitrator in the revised arbitration rules on January 1, 2015. However, it caused considerable contradiction that SHIAC and CIETAC admitted an interim measure decision by the Emergency Arbitrator under the circumstance that the Chinese court can impose a preservative measure in the Civil Procedure Code (CPC) and Arbiration Act. This study attempted to compare the main contents of an Emergency Arbitrator regulated in the arbitration rules of SHIAC and CIETAC with arbitration rules of representative arbitral institutions which operate an Emergency Arbitrator. In addition, this study verified the application features and problems through comparing the rule of SHIAC and CIETAC with the rule related to the preservative measure in Chinese law.

• Journal of the Korean Institute of Navigation
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• v.21 no.1
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• pp.89-102
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• 1997

Since 1979, the People's Republic of China has been opeining their marke tprogressively toward all over the world for developing its own domestic economy and international trade. China also has paid a great attention to the international maritime transport due to the fact that its volume of international trade has increased continuoulsy. Under such circumstance, the Chinese Maritime Code was issued in 1992 in which the regulation with regard to carrier's liability occupied an important position. The author, therefore, selected this issue for demonstration of the legal proinciples about carrier's liability which is provided in the Chinese Maritime Code. The study on the issue is under guidance of related international conventions. On the basis of the above, the differences between the Code and relevant conventions have been pointed out in order to make the people in the field of shipping understood for legal system with regard to carrier's liability in China which is a great potential partner of Korea in shipping and trade.

• Asia-Pacific Journal of Business
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• v.9 no.1
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• pp.39-55
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• 2018

Exports play an important role in Korea's economy and industry. Korea's share in world trade is also increasing. Governments and trade organizations are making great efforts to promote exports. However, since SMEs lack resources of enterprises, SMEs have a lot of difficulties in increasing exports compared to large enterprises. For this reason, in this study, we analyzed the difference of perception of export difficulties according to characteristics of small and medium export companies. As a result, four factors such as overseas market information, price and cost, competitiveness and regulation of importing country were derived. In addition, we investigated the differences in recognition of export difficulties by the stage of growth of company, period of export, products exported, export department, size of company. There was a significant difference in recognition. Especially, The companies which are the early stages of growth, short export period, finished product, the smaller the size of exports companies are more difficult in export difficulties.

• Korea Trade Review
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• v.44 no.6
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• pp.201-216
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• 2019

At present, there are various standards used as the governing law of contracts for establishing, implementing, and resolving disputes between the parties to international sales contracts, called "Forum Shopping." Uncertainty and increased transaction costs, which may arise from these various norms, may hinder the activation of international commerce. This study examines the process of enacting and examining various international unification norms that have emerged through international organizations to eliminate trade barriers caused by choice of governing law concerning parties involved in the international sale of goods. Issues regarding the positive and negative perspectives are discussed to identify obstacles to international unification norms. In particular, by comparing and analyzing the differences between the regulations of the CISG and PICC, the representative international unification norms on international sales contracts, the possibility of unification of the norms on international sales contracts are reviewed. Direction for the establishment of a single international regulation is presented for reducing the transaction costs and uncertainties in the international sale of goods.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.712-713
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• 2015

In recent years, the bid-rigging in public construction markets has been treated as a critical issue in Fair Trade Commission. The investigation revealed that the collusion was implemented extensively in every area from the material supply to the construction service of general contractors. This study reviewed the causes of the bid-rigging in public construction projects, and proposed the improvement plan to eradicate bad practices. Firstly, the causes and purposes of bid-rigging were categorized into two types of internal factors from construction companies and external environment factors influencing business activities. Secondly, the system development method was explained to detect the signs of bid-rigging based on the technical proposal documents in open tender. The detection systems of repetitive public owner also provide the function of sharing data on the companies and cases to violate the fair trade regulation. In addition, the problems and improvement direction of public procurement policies were discussed.

• The Journal of the Korea Contents Association
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• v.17 no.11
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• pp.135-142
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• 2017

The importance of trade cooperation with foreign countries is becoming higher in order to utilize the competitiveness of its own country's industries. In Korea, the government has made various efforts to respond to the expansion of foreign trade cooperation. As time goes by, it is needed to redefine and reestablish the functions of industrial polices in order to improve the effectiveness and efficiency of foreign trade cooperation. We focus on the industrial and trade policies related to FTA. Mainly we do research the impact (before and after FTA) of industry, trade policies, and firms' management activities on the export-oriented firms. For this end we conduct a survey on the firms' evaluation of the trade related policies and analyze with the panel data regression model. According to the results, in order to enhance the utilization of FTA, the connection with export support program, the training of expert HRs, and the prohibition of double regulation are the main influential policies.

• 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.10 no.3
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• pp.143-162
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• 2008

The Title 19 of the U.S. Code covers custom duties and is the heart of international trade regulation in the U.S.. Among the provisions in Title 19, is Chapter 4, the Tariff Act of 1930. Under U.S. Antidumping duty law, dumping occurs when `subject merchandise' is imported into the U.S. and sold at less than `fair value.' The administration of U.S. Antidumping duty law is shared between the Department of Commerce('Commerce') and International Trade Commission('USITC'). The U.S. Court of International Trade ("CIT") and the U.S. Court of Appeals for the Federal Circuit ("CAFC") decided the review of antidumping duty ("AD") determinations and administrative review results issued by the Commerce and the USITC, as well as the review of countervailing duty ("CVD") decisions. In Eurodif S.A. v. United States, the CAFC considered the important issue of whether the antidumping and countervailing duty laws apply to sales and purchases of services--in this case, the sale or purchase of enrichment services. Although the federal courts had considered the issue of whether a sale of enrichment services constitutes a sale of goods, the issue had never arisen in the context of the antidumping and countervailing duty laws. Also this is the first time that the Supreme Court has ever agreed to consider an antidumping case.

• International Journal of Contents
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• v.15 no.2
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• pp.44-52
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• 2019

This paper uses Delphi Method and statistics provided by the State Administration of Market Regulation of China, attempts to develop the scale index of language service industry in China. Coupled with practical investigation and theoretical framework of SCP paradigm, a deep analysis on market behavior, market structure, and market performance of the industry have been explored. First, the study indicates that the scale index of Chinese language services industry has experienced an upward trend from 10.481million RMB in 2008 to 351.403 million RMB in 2017. Second, majority of language services enterprises are situated in Chinese coastal provinces and there are variations in demand for language services. Third, the standardization of language services are minimal while most of the talents involve a single discipline background. Fourth, most enterprises utilize language tools while there is lack of technological innovation for utilization of language resources and enhancement of service quality. The author mainly suggests four strategies which include: cultivating multilingual services, strengthening the development of industrial informatization and technical innovation, and optimizing the industrial talents structure while also adjusting for industrial distribution and regional coordination, which propose the meaningful implications for the development of language service industry in China.