• Title/Summary/Keyword: international comparative

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A Comparative Study on the Appointment of Arbitrator(s) in International Commercial Arbitration (국제상사중재에서 중재인 선정에 관한 비교연구 -국제중재규칙을 중심으로-)

  • Kim, Yong-Il;Ha, Myeng-Keun
    • International Commerce and Information Review
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    • v.8 no.3
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    • pp.207-227
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    • 2006
  • An Arbitration agreement is one kind of contracts between two or more contracting parties; any possible disputes that arise concerning a contract will be settled by arbitration. The parties are free to agree on the number of arbitrators. The role of the arbitrator is so significant in the arbitration system that its success or failure may depend on the credibility of the arbitrator. The purpose of this paper is to examine the specific elements of the Arbitration Clause through arbitration laws, arbitration rules and the related cases, to introduce the standard clause which are recommended by the international institution and the individual countries, and to make the parties of international commercial contracts reflect them in their contracts. Thus this author would like to recommend the famous and well known the Standard Clause which were drafted by international institution such as ICC and UNCITRAL or individual countries.(LCIA, AAA, CIETAC, KCAB)

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Korea-China FTA and Trade Competitiveness of Agricultural.Fisheries Industry to China in Jeonnam Province: Comparative Advantage and Intra-Industry Trade (한.중 FTA와 전남의 대중국 농수산업 무역경쟁력: 비교우위와 산업내무역)

  • Kim, Chang-Beom
    • International Commerce and Information Review
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    • v.15 no.3
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    • pp.333-352
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    • 2013
  • Various trade competitiveness-related indices such as TSI, CACI, MCAI, and IITI are applied to examine the trade structure of comparative advantage and complementarity between Jonnama and Chinese on agricultural and Fisheries industry using the data of years 2000-2012 of KITA. The result show that Joennam has specialized in the product of other products of animal origin and preparations of vegetables, fruit, nuts, other par. The Intra-Industry trade level of Korean agricultural and Fisheries industry were in the trend of uprising with vertical intra-industry pattern dominant among them in the product live trees other live plants, edible vegetables roots, oil seeds oleaginous fruit, other vegetable saps extracts, preparations of cereals flour starch. As expected, Jeonnam region show that the high quality vertical IIT, indicating that Jeonnam export high-priced high quality products to China and import cheap low quality items from China. Finally, the innovation of production system, distribution modernization, value-maximizing strategies were suggested as a strengthening method of competitiveness.

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Korean Longitudinal Study of Ageing: Research Design for International Comparative Studies (고령화연구패널조사의 국제비교연구 활용 가능성)

  • Boo, Ka-Chung;Chang, Ji-Yeun
    • Survey Research
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    • v.7 no.2
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    • pp.97-122
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    • 2006
  • Korean Longitudinal Study of Ageing(KLoSA)', launched in 2006, has developed a research network with 'Health and Retirement Study(HRS, US),' Studies on Health and Retirement in Europe(SHARE, EU),' and 'English Longitudinal Study of Ageing(ELSA, UK)'and tried to construct a mega data library. The KLoSA team has designed their research with focusing on the following three points, in order to use KLoSA for international comparative studies. First, KLoSA shares the key research areas such as family structure, health, employment, income, asset, subjective expectations with the comparable studies. Second, KLoSA team has developed the instrument to reflect the Korean culture and institutions. They considered the institutional characteristics in public pension and health care system and in employment practices. They also counted the cultural conventions in family life such as financial management and care exchange, Finally, KLoSA tries to capture the psychological characteristics of the Korean elderly by making the measurement scales more understandable.

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A Study on Opposing Rights against Assignment of Receivables in International Trade (국제무역상 채권양도의 대항력에 관한 일고찰)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.74
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    • pp.25-54
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    • 2017
  • Among various export financing, Assignment of Receivables is very important. Various countries make use of this method. But Korean law system had shortage of International legal system. This paper looks into Opposing Rights on Assignment of Receivables relation to legal system. And this paper analyze not only detail Korean civil law system about Opposing rights on Assignment of Receivables but also comparative other International system. There are UNIDROIT Principles and United Nations Convention on the Assignment of Receivables in International Trade. Especially, Korean civil law system of Opposing rights on Assignment of Receivables compares UNIDROIT Principles system of Opposing Rights on Assignment of Receivables or United Nations Convention on the Assignment of Receivables in International Trade of Opposing Rights on Assignment of Receivables. In the context, This paper compares Korean civil law system about Assignment of Receivables with International standard rule about Assignment of Receivables. This is good for the commercial practice party in terms of financing and receivable assignment. Thus this paper will make direction to International Trade Practicer. There are argument on method of having an action or manual about international trade practice. The purposes of this are to examine revitalizing on Assignment of Receivables. And this paper deals with improvement of International Commercial Activation.

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A Comparative Study on the Effectiveness among the International Practices of the Credit Transactions (국제신용장관습간의 효력관계에 관한 비교검토)

  • Seo, Jung-Doo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.41
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    • pp.25-50
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    • 2009
  • In this article, I have reviewed the definition of international mercantile customs, their preferential application, the developing status of the credit practice, the effectiveness and relationship of the international standard banking practices, e.g. UCP 600 and ISBP 2007, ISP98, URR 725, eUCP 1.1. and the like, established by the International Chamber of Commerce (ICC). It is important to emphasize that the autonomous agreements between the credit parties and the international practice on the credit transaction are respected above all because of the special nature of its transaction. When we want to apply to a letter of credit by the international rules - UCP 600, ISP98, URDG, URR 725 and eUCP 1.1, we must indicate expressly in the text of the credit that it is subject to the respective rule. But the International Standard Banking Practice, 2007 revised by the ICC is applicable to without its indication in case of the UCP 600 credit. On the other hand, the UN Convention on Guarantees and Standby Credits applies to an international undertaking referred to in its article 2, (a) if the guarantor/issuer is in a Contracting State, or (b) if the rules of private international law lead to the application of the law of a Contracting State, unless the undertaking excludes the application of the Convention. And this Convention applies also to an international credit not falling within its article 2, if it expressly states that it is subject to this Convention.

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A Comparative Content Analysis on the Journal of International Marketing: A Study of Ten Years (2004-2013)

  • Shin, Dong-Jin
    • Journal of Distribution Science
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    • v.12 no.5
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    • pp.81-92
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    • 2014
  • Purpose - This paper aims to investigate topics and trends in international marketing and cross-cultural management by conducting a content analysis of the Journal of International Marketing. Research Design, Data, and Methodology - In this study, one of the leading journals in the field of international marketing, the Journal of International Marketing, was chosen for research. A total of 199 articles were identified from a time span of ten years (2004-2013). SPSS software was used for codification and analysis of the data. Results - This study revealed some of the factors on which cross-cultural management had a strong correlation with international marketing. Of the 199 articles in the Journal of International Marketing, 64 articles related to cross-cultural management. Conclusions - A content analysis of the Journal of International Marketing comparing general articles with articles related to cross-cultural management is unprecedented. This study offers insight into the impact of cross culture on the discipline of international marketing. The findings of this research could be employed as a reference for gaining insight into the trends and influence of cross-cultural management in international marketing.

Comparative Study on Main Research Area of National and International Universities Using Network Analysis (네트워크 분석을 이용한 국내외 대학의 학문분야 비교 분석 - 전기전자 분야와 언론학 분야를 중심으로 -)

  • Hwang, You-Na;Kim, Gyu-Tae
    • Korean Journal of Comparative Education
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    • v.24 no.3
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    • pp.227-244
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    • 2014
  • This study is to explore and compare the main research area of national and international universities, figure out the differences of the research trends depending on national and international universities, and suggest which area Korea universities could focus on and head to. The study is conducted on the fields of 'Communication and Media' in humanities and 'Electrical Engineering' in engineering for the cases of 10 national and international universities. The data is based on the 3 years journals published between 2009 and 2011 by 10 universities, and analyzed using network analysis. The data is processed with three steps and visualized using Ucinet, Gephi, Netdraw program. These result show, in case of 'Communication and Media', the focus of the universities in Korea mainly on the classical research fields with only a few new research area comparing with international universities. In case of 'Electrical Engineering', national and international universities covers various areas, from classic ones to emerging ones. But the specific research areas are different. These results suggest the research areas which ares the universities in Korea will pursue in near future.

A Comparative Study on the Buyer's Right to Withhold Performance for the Seller's Delivery of Defective Goods and Documents in International Sales within the CISG, English law and Korean law

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.251-293
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    • 2002
  • The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

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Analysis of the Car Industry Trade Structure between Korea and China

  • Lee, Jae-Sung
    • Journal of Distribution Science
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    • v.11 no.11
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    • pp.33-40
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    • 2013
  • Purpose - This study, in seeking to understand the trade structure of both Korea and China, aims to strengthen Korea-China economic cooperation; it examines trade impediments by analyzing the problems affecting trade and addressing these problems, thereby discovering ways to expand trade between these countries. Research Design, Data, and Methodology - The index of trade intensity developed by the trade intensity theory (Kruger, 1997) is used to analyze the trade decision factors of both countries. Although specific factors should have materialized from the analysis of trade decision factors, determining concrete explanations is difficult in reality, as there are many unsolved and diverse factors. Results - First, the index of A value/B value is the index of Korean versus Chinese market share/Korean versus world market share, which is a measure of comparative market intensity. Second, Korea has a comparative advantage in export specialization and, conversely, China has a comparative advantage in import specialization. Third, compared to 2000, the revealed comparative advantage (RCA) indexes are considerably improved. Conclusions - This study used quantitative measurement for analysis, applying trade intensity theory, trade specialization, and RCA indexes to gauge how inter-trade relations have changed between Korea and China during the past 10 years (2000, 2005, and 2012).

A Comparative and Idiographic Study on Kuwait Education (쿠웨이트 교육의 실태와 정체성에 대한 비교 연구)

  • Zhang, Can;Jeong, Kioh
    • Korean Journal of Comparative Education
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    • v.26 no.3
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    • pp.161-187
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    • 2016
  • Kuwaitis faced with as serious problems with respect to quality and equity in education. The purpose of this thesis is to analyze the Kuwaiti education in the 21 century knowledge society. It has its own problems and limits in addition to future possibilities. Adopting comparative approaches and idiographic methodology together, investigators firstly examines the Kuwaiti education in terms of political, economic, educational, and international aspects. In addition, we investigators outlined Kuwaiti education in its cultural identity. Necessary measures and policy recommendations were drawn finally according to the analysis.