• Title/Summary/Keyword: international norms

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A Study on the Unification of International Regulations in Contracts for International Sale of Goods (국제물품매매계약에 있어서 국제규범들의 통일화에 관한 연구)

  • Park, Sung-Ho
    • 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.

Linking trade to labor and environmental issues in the multilateral trading system with a focus on the fisheries sector (다자통상제상 노동·환경 이슈의 무역 규범화에 관한 연구: 수산분야를 중심으로)

  • Seo-yeon Oh;Ji-Eun An
    • Asia-Pacific Journal of Business
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    • v.14 no.1
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    • pp.381-396
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    • 2023
  • Purpose - The purpose of this study was to analyze environmental and labor issues and related norms, which are new trade issues that are expanding in bilateral and multilateral trade agreements, and examine the possible impact of these norms on domestic fisheries policies. Design/methodology/approach - In this study, literature research was used as the main research methods. The comparative analysis of international norms and multilateral trade agreements texts related to the environment, labor and trade were conducted. Findings - The new trade norms in the fisheries sector can be represented by labor and environment issues. Since domestic environmental and labor standards do not fully meet the standards of the multilateral trade agreements, it is necessary to ensure that domestic norms are supplemented and relevant policies are newly established through a review of international law on environment and labor. Research implications or Originality - This study confirmed that international norms related to labor and environment in the fisheries sector are mixed with soft norms and binding norms, and each norm is linked in a multi-layered and mutual way. Such international norms are being strengthened in connection with trade agreements and issues.

A Comparative Study of International Norms and Korea Legal system related to the Concept of Spatial Safeguarding in Cultural Heritage (국제규범과 국내 법제도의 문화재 공간 보호개념 비교연구)

  • Han, Na-Lae
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.35 no.4
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    • pp.103-114
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    • 2019
  • From the "Recommendation on the Safeguarding of the Beauty and Character Landscapes and Sites"(1962) to the "ICOMOS-IFLA Document on Historic Urban Public Parks"(2017), 'the spatial safeguarding Concept of Cultural Heritage' in International Norms has manifested in various types. In this article, 24 types of International Norms that reflect 'the concept of Spatial Safeguarding in Cultural Heritage' and Korea legal system such as 'Historical and Cultural Environment' were analyzed in the following two aspects. The first aspect is 'Object Type to safeguard' and analyzed in four types such as 'Groups of buildings(A type)', 'Surrounding, Environment, Setting(B type)', 'Cultural landscape(C type)', 'Historic area and Historic towns(D type)'. The second aspect is 'Safeguarding value(analysis elements)' and analyzed in the following tree elements ; 'Landscape value' such as skyline, 'Intangible value' such as the functions of cultural customs, and 'Ecological value' that should preserve life itself. As a result of the study, 'the concept of Spatial Safeguarding in Cultural Heritage' including C and D type and three value which are trends of International Norms are reflected in Korea legal system, and concrete safeguarding methodology is also implemented systematically in case of ecological value. However, intangible values are not specific to the methodology in both International norms and Korea legal systems, and should be developed in the future.

Generating functions for t-norms

  • Kim, Yong-Chan;Ko, Jung-Mi
    • International Journal of Fuzzy Logic and Intelligent Systems
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    • v.5 no.2
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    • pp.140-144
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    • 2005
  • We investigate the P-generating functions, L-generating functions, and A-generating function, respectively induced by product t-norms, Lukasiewicz t-norms and additive semi-groups. Furthermore, we investigate the relations among them.

Legal Culture and Commercial Arbitration in the United States and Japan

  • Kim, Chin-Hyon;Chung, Yong-Kyun
    • Journal of Arbitration Studies
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    • v.23 no.3
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    • pp.185-212
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    • 2013
  • In this paper, a conceptual model of legal culture based on Ehrlich's "living law" theory and Cole's social-cultural explanation can explain the low utilization rates of arbitration of Japan and the high utilization rates of arbitration in the United States, simultaneously. This model highlights the clash between social norms and legal provisions in Japan. Japan has developed a two-tiered system of dispute resolution. At the official level, Japanese people accept the legal system imposed by the outside world. But, at a deeper level, they utilize diverse forms of informal dispute resolution mechanisms, such as reconcilement and conciliation, reflecting their own social norms. In contrast, there is no conflict between social norms and legal provisions in United States. This study may show that there are distinctions between American-style arbitration and Japanese-style arbitration, reflecting their own respective social norms. The question of reconciliation between the American style of arbitration and the Japanese style of arbitration can be resolved by an international arbitrator.

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The Relationship between Human Rights Protection Trade Norms and WTO Agreement-focused on Conflict and Harmonization and Development of Domestic Trade Norms (인권보호 무역규범과 WTO협정의 관계-충돌과 조화 그리고 국내무역규범의 발전방안을 중심으로)

  • Hyun-Chul Kim;Hag-Min Kim
    • Korea Trade Review
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    • v.47 no.5
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    • pp.201-221
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    • 2022
  • This study aims to analyze a harmonious approach between trade norms for the protection of human rights and the WTO agreements is increasingly necessary and important. conflicts and harmonization that may occur between major human rights protection trade norms and WTO agreements were comprehensively reviewed. The hard legalization of corporate social responsibility for sustainable development, such as human rights protection, was in conflict with the WTO Agreement, which was based on the principle of non-discrimination. As the currently expanding human rights protection trade norms reflect differences in the positions of developed and developing countries, it was also pointed out that there may be disputes over WTO compatibility and distorted protectionism measures. Accordingly, the applicability of the general exceptions to Article 20 of the GATT were reviewed together, and Article 20(a) of GATT, "necessary to protect public morals" may differ between developed and developing countries, and thus limitations were also considered. At the same time, When it is necessary to take regulatory measures such as prohibition of imports from a specific country for human rights protection, it was reviewed and proposed domestic trade norms revision.

Opening of Cultural Market, International Norms, and Global Governance (문화시장개방, 국제규범, 글로벌 거버넌스)

  • Kim, Eun-Gyoo
    • Korean journal of communication and information
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    • v.35
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    • pp.7-35
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    • 2006
  • As neoliberal Globalization is reinforced, the debating of international stage about cultural market is heated up. People who insist market opening claim that cultural product has to be handled in condition such as other goods. However, the dissenter of cultural market-opening assert 'cultural exception' in goods trade because culture affects in individual and community consciousness and identity. The dispute encompassing cultural market raise the concept of Global Governance which presents theoretical frame about international society's decision-making and administration. Thus, this article explore international norms which encompass cultural market and its stakeholder through Global Governance frame. Specifically, first, this article review the theory of Global Governance. Second, this article examine international norms such as WTO, GATT, GATS, and also study its opponent who advocate 'cultural diversity'. Consequently, this article argue that the debating and conflict about cultural market should be resolved, not by hegemony state, by Global Governance frame which all stakeholder take part in.

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Recent Status of International Norms Under Discussion for Outer Space Activities and Its Roles (논의 중인 우주활동 국제규범의 최근 현황과 역할)

  • Jung, Yungjin
    • Journal of Aerospace System Engineering
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    • v.8 no.2
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    • pp.1-6
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    • 2014
  • Currently outer space become more and more congested and contested, according to the increase of satellites, nations and government consortia that operate satellites, and commercial and academic satellite operators. Therefore, international community, including the United Nations has been making a greater effort to adopt non-legally binding international documents capable of regulating space activities for the purpose of the security, safety and long-term sustainability of space activities. These are a draft International Code of Conduct for Outer Space Activities(ICoC) and UN Group of Governmental Experts on Transparency and Confidence-Building Measures in Outer Space Activities(UNGGE).

Current Status and Issues in Digital Trade Agreements: Focusing on Cross-border Data Flows and Data Protection (디지털 통상의 국제규범화 현황과 쟁점: 국경 간 데이터 이동 및 데이터 보호를 중심으로)

  • Joo Hyoung Lee;Jeongmeen Suh;Jaeyoun Roh
    • Korea Trade Review
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    • v.46 no.3
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    • pp.99-117
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    • 2021
  • Korea's FTA e-commerce regulations are evolving into a standardized norm. However, "location of computing facilities", which was not covered by Korea's existing FTA, was newly established in Korea's first Mega FTA, RCEP. China, a member of RCEP, restricts data movement and requires data localization through its Cybersecurity law. These facts have led to start this study with interest in data-related regulations. It examined country-specific and regulatory characteristics in the process of forming digital trade norms, using the TAPED established by Burri et al. (2020). It also analyzed the current status of introducing norms related to 'data flow', 'data localization' and 'data protection' of the EU, USA and China, which are leading the formation of e-commerce trade norms. Finally, the legal review was conducted to compare the exact meaning of the wording expressed in each agreement for the six recently enacted Mega FTAs and Digital Economic Agreements. These findings are meaningful in that they provided implications for the effectiveness of RCEP and the direction of negotiations on Korea's digital trade norms.