• International Commerce and Information Review
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• v.15 no.2
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• pp.233-260
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• 2013

Regional Trade Agreements(RTAs) are a prominent feature of the multilateral trading system and have been an important trade policy tool for WTO Members. RTAs has been steadily increasing over the last ten years and this trend will be further strengthened by the many RTAs being proposed and those currently under negotiation. There has been a recent increase in the Regional Trade Agreement (RTA) making it necessary to determine the most effective method for taking advantage of anti-dumping measures between member countries of the RTA. Due to the complexity of anti-dumping laws and abuse of discretion by each nation, however, the basic goal of the RTA has not come to fruition. The results of this study found that the strengthening of anti-dumping measures in the RTA is desirable. A plan to use competition instead of anti-dumping measures must be implemented. For Korea, it will be necessary to develop the fundamentals for the globalization of competitive rules to keep pace with the continuous expansion of FTA.

• International Commerce and Information Review
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• v.15 no.1
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• pp.97-116
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• 2013

The environmental problems such as global climate chage, global wamning, ozone depletion, environmental pollution have been caused by the rapid economic growth, increasing in use of fossil fuels for industralization and scientific technology development. Between Environmental Preservation and Economic Development, the new paradigm, "Sustainable Development" is presented to the world now. To achieve global environmental objectives, some multilateral envrionment mental agreements includes trade regulation. However Kyoto Protocol has no provisions to regulate trade and is not in force yet. By the effectuation of the Kyoto Protocol, Korea will be faced very serious situation because of her high Dependency on Foreign Trade and Fossil Fuel- intensive Industries. We must be able to gain a sense of ownership in the out come of the WTO/CTE discussions by contributing meaningfully to the creation of a constructive relationship between Trade and Environment concerns.

• International Area Studies Review
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• v.15 no.2
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• pp.383-401
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• 2011

This paper studied about environmental protection and Free Trade in FTA. FTA is representative means that maximize trade profit through free trade. But Regulation for environmental protection is infringing profit of free trade(FTA). It is the natural matter that the all countries must do environmental protection. but, measure for environmental protection must not be used on trade limited constituent. This study studied about enactment plan of environmental regulation to achieve two targets of environmental protection with trade liberalization. Study Finding is as following. First, it is that to apply existent environmental standard in the FTA expands trade liberalization. Second, need enactment of rule that can interchange Environmental Goods or a technology effectively. Third, there is necessity to establish procedural regulations and substantial regulations that refer environment problems. also to include comprehensive form in case of choose Multilateral Environmental Agreements is reasonable.

• Korea Trade Review
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• v.41 no.1
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• pp.187-213
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• 2016

Trans-Pacific Partnership Agreement and Trans-Atlantic Trade and Partnership Agreement introduce "regulatory coherence." Regulatory coherence refers to "the use of good regulatory practices in the process of planning, designing, issuing, implementing and reviewing regulatory measures in order to facilitate achievement of domestic policy objectives, and in efforts across governments to enhance regulatory cooperation in order to further those objectives and promote international trade and investment, economic growth and employment." This paper traces ideas dealing with regulatory reform and regulatory transparency as discussed in OECD, APEC and selected WTO agreements, examines the text of the regulatory coherence chapter of TPP and TTIP, then examines the regulatory reform system of Korea to see whether Korea satisfies the conditions set forth in the regulatory coherence chapter of TPP. The paper concludes that the Korean regulatory reform system mostly satisfies the requirements of the TPP chapter on regulatory coherence, but some additional procedural reforms are needed for laws proposed by National Assemblymen, and regional laws proposed by regional governments. Finally, the paper notes that the Korean government has been mis-translating regulatory coherence as regulatory convergence, which is a separate idea, and the government should correct its error as soon as possible.

• Analyses & Alternatives
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• v.2 no.1
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• pp.31-69
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• 2018

This study examines the role of science in resolving trade disputes. After the Great East Japan Earthquake of 11 March 2011 that not only jeopardized the people of Japan, but also put the safety of an entire region at risk, the Republic of Korea (Korea) has imposed import bans as well as increased testing and certification requirements for radioactive material on Japanese food products. Japan has challenged these restrictions at the World Trade Organizations Dispute Settlement Body (DSB). This study aims to explain how international trade agreements and previous DSB rulings have dealt with different scientific viewpoints provided by confronting parties. In doing so, it will contrast the viewpoints espoused by Korean and Japanese representatives, and then analyzes the most similar case studies previously ruled on by the DSB, including the case of beef hormones and the case of genetically modified crops including biotech corn, both between the United States and the European Communities (EC). This study finds that science is largely subordinate to national interests in the case of state decision-making within the dispute settlement processes, and science has largely been relegated to a supportive role. Due to the ambiguity and lack of truly decisive decisions in the Appellate Body in science-based trade disputes, this study concludes that the Appellate Body avoids taking a firm scientific position in cases where science is still inconclusive in any capacity. Due to the panel's unwillingness to establish expert review boards as it has the power to do, instead favoring an individual-based system so that all viewpoints can be heard, it has also developed a system with its own unique weaknesses. Similar to any court of law in which each opposing party defends its own interests, each side brings whatever scientific evidence it can to defend its position, incentivizing them to disregard scientific conclusions unfavorable to their position. With so many questions that can arise, combined with the problems of evolving science, questions of risk, and social concerns in democratic society, it is no wonder that the panel views scientific information provided by the experts as secondary to the legal and procedural issues. Despite being ruled against the EC on legal issues in two previous cases, the EC essentially won both times because the panel did not address whether its science was correct or not. This failure to conclusively resolve a debate over whose science is more scientific enabled the EC to simply fix the procedural issues, while continuing to enforce trade restrictions based on their scientific evidence. Based on the analysis of the two cases of disputes, Korea may also find itself guilty of imposing an unwarranted moratorium on Japan's fish exports, only to subsequently pass new restrictions on labelling and certification requirements because Japan may have much scientific evidence at its disposal. However, Korea might be able to create enough uncertainty in the panel to force them to rule exclusively on the legal issues of the case. This will then equip Korea, like the EC in the past, with a way of working around the ruling, by changing whatever legal procedure they need to while maintaining some, if not most, of its restrictions when the panel fails to address its case on scientific grounds.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.28 no.2D
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• pp.249-258
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• 2008

Korean engineering firms need to improve their performance in order to stay competitive in the globalize environments which has been led by some international movements including World Trade Organization (WTO) and Free Trade Agreements (FTA). There have been various activities and researches focusing on how to improve competitiveness of Korean engineering firms and the out-of-fashion Engineering Project Delivery System (EPDS) has repetitively identified as one of main barriers to deter advancements of Korean engineering industry. Therefore, this research attempted to investigate global standards of EPDS such as International Federation of Consulting Engineers (FIDIC), American Federal Acquisition Regulations (FAR), Brooks Act, and so on. The procedures of international EPDSs along with a few case studies were comprehensively analyzed and compared with Korean EPDS in order to propose recommendations of improving Korean EPDS. Some major differences between international and Korean EPDS were identified and they includes emphasis on qualifications of engineers and/or firms rather than their proposed cost, extensive use of long and short-list, common use of negotiation process, etc. Research findings are envisioned to guide the Korean public engineering sector to innovate Korean EPDS.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.55-89
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• 2003

What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.