• Title/Summary/Keyword: e-Trade Contracts

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The current situations of trade financial EDI and implications in application of marine insurance contracts (무역금융EDI의 동향과 해상적하보험계약에의 적용과제)

  • Han, Sang-Hyun
    • The Journal of Information Technology
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    • v.7 no.1
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    • pp.121-136
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    • 2004
  • The purpose of this paper is to study the current situations of trade financial EDI based on The BOLERO system, New BOLERO system, The NACCS system in Japan and The EDEN(Electronic DElivery Negotiable document) system and problems in application of marine insurance contracts. Entwined with the contracts of carriage in international sale transactions is a contract of marine insurance by which the goods are insured against maritime perils. In the thesis I tried to explain the problems of paperless marine insurance contracts based on problems in relating to formation of the transit insurance contract and replication the functions of the marine insurance policy electronically.

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A Study on Global e-Trade Planning Hypothesis (전자무역 계획수립 가설에 관한 연구)

  • Kim, Hag-Min
    • International Commerce and Information Review
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    • v.7 no.2
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    • pp.139-162
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    • 2005
  • The objective of this paper is to investigate important factors when one can consider an implementation of global e-trade. This paper in particular intends to derive which factors are significant at information strategic planning stage as well as its evaluation stage. Many works in the global e-trade area have been focusing on narrow research issues related to EDI implementation and trade process automation after trade contracts are legally made. Therefore, more complete and exclusive factors at pre-contract stage should be considered when one can make a strategic plan for global e-trade. Five factors are found to be important for global e-trade planning and those are: (1) corporate strategy, (2)trade process automation, (3)trade information technology & infrastructure, (4)organization & people, and (5)trade information technology utilization. An evaluation framework is developed in this paper and its empirical results are also provided.

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The efficiency on the formation of electronic contracts for the sale of goods by on-line (온라인방식에 의한 전자무역계약성립의 유효성)

  • Han, Sang-Hyun
    • The Journal of Information Technology
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    • v.7 no.3
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    • pp.83-98
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    • 2004
  • What may be a problem, however, is determining the application to electronic methods of the various rules which the courts have developed for dealing with the consequence of different methods of communicating offers and acceptances. However, it was doubtful that in the law electronic documents may make part of the traditional documents based on paper. The purpose of this thesis, thus is to examine the effectiveness of electronic methods as a means of forming contracts and the some legal problems. Accordingly, The thesis is basically divided into two part. Part one considers a contract for trade is made how, when and where through compare with traditional contracts law and electronic methods. Part two considers and explores the efficiency on the formation of electronic contracts for the sale of goods by On-line.

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An Approach on the Scheme Interactive of Electronic Trade Payment System Type (전자무역결제 유형의 제도적 상호관계성에 따른 접근방안)

  • Lee, Je-Hong
    • International Commerce and Information Review
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    • v.9 no.1
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    • pp.149-168
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    • 2007
  • e-Trade Payment system has been transformed by quickly and effectively. The e-trade Payment system such as TradeCard System, Bolero Surf, Identrus Eleanor and e-Escrow and e-letter of Credit issued by SWIFT System enable partly sellers, buyers and service providers. This paper studies for SWIFT, Surf, TradeCard, Eleanor, e-Escrow as international trade payment, As reason following : The First, Bolero is a neutral secure platform enabling paperless trading between exporter, importer, and their logistics service and bank partners, insurance company. The Second, TradeCard is to manage procurement-to-payment worldwide, that is exporter, importer and connected partners, paperless platform. The Third, Identrus is the global leader in trusted identity solutions, recognized by global financial institutions, commercial organizations and bank partners around the world. The Forth, Escrow payment have effect to L/C issue and enter into electronic contracts in internet bank. Trader practice use Escrow Bank as the same bank that rules to Issuing Bank and Advising Bank and payment, acceptance. This paper of these electronic payment have studies new international trade payment to approach such as eUCP rules and TradeCard System, Surf of bolero, eleanor of Identrus, SWIFT.

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Choice of Law and Jurisdiction on the e-Trade (전자무역계약에 적용되는 국제적인 사법규범에 관한 연구)

  • Chung, Jae-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.435-459
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    • 2011
  • The electronic trade(e-Trade) revolution is changing the international trade processes dramatically. It permits new kinds of interactions among exporting and importing firms as well as internally within the firms. Ever since the Internet became a popular communications medium in the 1990s, lawmakers have struggled to develop rules for determining which courts can hear disputes involving parties in different choice of law and jurisdictions. In conclusion, I suggest an ongoing research agenda for further refining and developing a more comprehensive cosmopolitan approach. Certainly, as these cases make clear, reconceptualizing the principles underlying court to-court relations is essential in a world where the idea of a transnational community of courts is fast becoming one of the dominant realities of twenty-first century law.

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A Study on E-trade Securities and Strategic Solutions (전자무역보안과 전략적 대응방안에 대한 소고)

  • Jung, Jo-Nam;Lee, Chun-Su;Kang, Jang-Mook
    • The KIPS Transactions:PartC
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    • v.11C no.5
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    • pp.577-584
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    • 2004
  • Recently many company has been cracked by crackers information security and everyday new computer virus come out. so e-trade partners should prevent the disasters. A few studies researched e-trade securities broadly but the new trend in information security division especially focused on electronic payment, EDI, Transportation, Contracts, Insurances and that of subjects have been researched through interdisciplinary evolution. Our research e-trade security on three part, First system attack, second is data attack and third is business attack. the attacks have theirs own solution, so e-trade company use this solution timely and powerfully. It is the most important thing to prepare the cracking with securities system. also manager should catch recent hacking technologies. The research results propose that e-trade firms should use information security policies and securities systems that including H/W and S/W. therefore manager's security mind is very important and also using electronic commerce securities device and should be considered exploiting solutions by each special usage according to e-trade company' environments.

A Study on the Legal Aspects of E-Commerce in China (판례를 통해 본 중국의 전자상거래와 관련한 몇 가지 문제에 관한 연구)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.213-237
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    • 2010
  • The purpose of this paper is to analysis the legal aspects of e-commerce, particularly those relate to electronic contract, in China On 23 November 2005, the United Nations General Assembly adopted a Convention on the Use of Electronic Communications in International Contracts, known popularly as the Electronic Communications Convention. China signed it but the convention is not binding yet as it still requires the ratification by three states. On the other hand, China adopted a new act legalizing the electronic signature in 2004. This new act provides electronic signatures with the same legal status as handwritten signatures. But the efficiencies that business hopes to achieve through electronic commerce are not completely reflected in the legal processes necessary to support those hopes.

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Breach of international sales contract and Exemption possibility due to customs clearance impediment (통관차질(通關蹉跌)로 인한 무역계약(貿易契約) 위반(違反)과 면책(免責)의 가능성(可能性))

  • Chung, Jae-Wan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.241-265
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    • 2003
  • The purpose of this paper is to examine the customs clearance impediment and trade parties breaches of international sales contract by the impediment. Customs clearance impediment arises when (a)clearance is not permitted, (b) importation goods are confiscated, (c)clearance delay without expectation, and (d) additional excessive trade cost caused in the process of clearance. This kind of clearance impediment may cause the breach of international sales contract. And it depends on its contents of contract and causal sequence i.e. cause and effect respectively in determining who is liable for it. If one party exemptions by Article 79 CISG, next three elements must be proved. (a)The failure was due to an impediment beyond his control; (b)the impediment was reasonably unforeseeable at the time of the conclusion of the contract, and (c)the impediment was reasonably impossible to overcome. But the customs clearance impediment is not easy to prove these three elements, the party who is responsible the customs clearance may not be exemptions by Article 79 CISG. And, according to review, it is concluded that the buyer, rather than seller, is liable for the damage which is caused in the process of clearance. It is also confirmed that the seller is sometimes liable for depending on clauses of contracts i.e. quality conditions.

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An Interpretation of the Formation of Arbitration Clause for the International Sale of Goods (국제물품매매에서 중재조항 성립의 해석에 관한 고찰)

  • Han, Na-Hee;Ha, Choong-Lyong
    • Journal of Arbitration Studies
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    • v.27 no.4
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    • pp.91-113
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    • 2017
  • UN Convention on International Sale of Goods (CISG) and International Commercial Arbitration aim at the promotion and facilitation of international trade. Both of them share similar general principles; i.e., party autonomy and pacta sunt servanda. Also they are often applied concurrently in the case of the international commercial trade. The purpose of this article is to investigate whether the CISG could apply the formation of the arbitration clause that is included in the main contract governed by CISG. Sellers and buyers have freedom of designating choice of law that is applied to their contracts. An international arbitration agreement is presumed to be separable from the contract in which it is found. However, arbitration clauses commonly form part of a general contract. Thus, the CISG is intended to be applied to dispute resolution clauses, including arbitration clause even if it is not completely suitable. Notably, there is a fundamental distinction between the CISG and arbitration. The CISG abolished the formalities of contract. New York convention requires Contracting States' Courts to enforce written international agreements to arbitrate.

E-Commerce in the Historical Approach to Usage and Practice of International Trade ("무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)")

  • Tsubaki, Koji
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.224-242
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    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

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