• Journal of Arbitration Studies
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• v.34 no.2
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• pp.27-44
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• 2024

The lack of consistency and predictability of arbitral awards in the Investor-State Dispute Settlement ("ISDS") mechanism has long been a subject of criticism. In international investment disputes, arbitral tribunals have frequently come up with different interpretations and results on similar investment agreement provisions. The arbitral tribunal's inconsistent decisions raised concerns not only among the parties to the investment dispute but also amongthe arbitral tribunals in other cases, which ultimately led to legal inconsistencies in international investment law. Arbitration awards may have some degree of disagreement in interpretation. However, the systemic inconsistencies that pervade ISDS risk undermining the purpose of the investment agreement system, which is to provide a predictable and stable framework to protect andpromote foreign investment while maintaining a balance with host state regulations. Therefore, this study proposes a plan to resolve this discrepancy and review standards for practical application. Reform of the ISDS mechanism could be a viable option to reduce, to some extent, the inconsistencies in interpretation, if not completely eliminate them. Reforms such as establishingguidelines, promoting cooperation between arbitral tribunals, and codifying the norms of the agreement can provide a means of reducing interpretive inconsistencies and strengthening the legitimacy of the ISDS mechanism. Reforming the ISDS mechanism will require all stakeholders to carefully consider the issues and the scope, nature, and feasibility of eachpotential reform.

• International Journal of Computer Science & Network Security
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• v.22 no.10
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• pp.145-154
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• 2022

Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

• Convergence Security Journal
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• v.13 no.6
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• pp.51-59
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• 2013

Cyberspace, based on the dramatic development of information and communications technology, has brought enormous benefits to mankind. However, concerns over cyber terrorism and cyber attack are becoming serious. It is time to expand the global dialogue on international security issues in cyberspace. It is imperative to have a common understanding that cyberspace, the infrastructure for prosperity, should not be utilized as a space to create conflicts among states, and that all states agree to build confidence and peace in cyberspace. For this purpose, there are 3 tracks of international cooperations: 1)international cooperation such as UN and Conference on Cyberspace, 2)regional cooperations such as ARF and OSCE. 3)bilateral cooperations such US-Russia Cybersecurity Agreement, US-China presidential level dialogue. This paper will analyze the 1st track of international cooperations of UN and Conference on Cyberspace. With this, Korean government can prepare the forthcoming GGE activities and make our own strategy to deal with the global norms of good behaviour in cyberspace.

• Strategy21
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• s.45
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• pp.5-32
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• 2019

The paper introduces US Indo-Pacific Strategy and discusses its meanings and implications for international security and our strategy. It tries to look at the Indo-Pacific strategy(IPS) through the lenses of international political theories. The paper provides three important observations. First, the US Indo-Pacific strategy is a declaration of the national identity of the US as an Indo-Pacific nation. The paper argues that the IPS reflects the US leadership that would facilitate the formation of, so called, the Indo-Pacific community. In arguing these points, the paper notes that the IPS has rich elements of constructivist approaches including norms and national identity. Second, the paper observes that the IPS report serves as an effective deterrent strategy. The IPS does not call out China as an enemy. But, it tries to deter against a range of actors including China by warning that whoever violates the rules-based order in the region would have consequences. Third, the paper maintains that the IPS is an effort by the US to mitigate the risk of a great power war between the US (an established power) and China (a challenging power) because the IPS articulates the United States's willingness to work with China as long as it plays by the rules. There will be challenges to the US and other countries in the region including South Korea particularly because of economic interdependence. However, the paper argues that the IPS stands for an optimistic sign of the future security in the Indo-Pacific region because it is a manifestation of the US for its national will to defend the status quo characterized as Pax Americana which has been maintained since the end of the Second World War. It also argues that South Korea also can, and should make the most of this opportunity by enhancing our capacity in national defense.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.615-641
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• 1999

Trade and the environment emerged as a major and complex issue for trade negotiators in the final stages of the Uruguay Round negotiations. The agreements and other international measures employing trade measures and trade sanctions for achieving global environmental objectives are Vienna Convention on the Protection of the Ozone Layer(1985), the Montreal Protocol on Substances that deplete the Ozone Layer(1987), The Framework Convention on Climate Change(1992), the Convention on Biological Diversity(1992), the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal(1992), the Convention on International Trade in Endangered Species of Wild Faunna and Flora(1975), the Rio Declaration, the Agenda 21, etc. The texts of the World Trade Organization(WTO) incorporated certain provisions which were designed to reflect some of the environmental concerns are Trade-Related Aspects of Intellectual Properity Rights(TRIPs), Trade-Related Investment Measures (TRIMs), the General Agreement on Trade in Services(GATS), and Technical Barriers to Trade(TBT) There is the possibility of conflict between multilateral environmental agreements and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility, especially between countries which are Member of WTO and which are not Members of the relevant multilateral environment agreements, and countries which are Members of both the WTO and the relevant MEAs. Measures taken under the trade-related provisions of MEAs could potentially give rise to conflicts under obligations arising in WTO texts. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms and vice versa. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority. However, such measures should neither constitute a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Also any trade measures taken should be necessary to prevent developments in trade from endangering the effectiveness of an MEA and they should be proportional and least trade restrictive.

• Journal of the Korean Solar Energy Society
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• v.39 no.6
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• pp.1-13
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• 2019

With the adoption of the Paris Agreement, a new climate regime is intensifying the global interest in reducing greenhouse gas emissions. In the meantime, Korea is preparing to introduce a new renewable energy carbon certification system in order to activate the use of renewable energy and to reduce carbon emissions in the entire life cycle of manufacturing and disposal of renewable energy facilities. Therefore, this study aims to identify the implications for the introduction of the carbon certification system and to establish a theoretical basis for the system design by examining the status of overseas carbon certification, international trade norms and trade disputes. As a result, carbon emissions certification is being implemented in developed countries such as EU, UK, France, USA and Japan, but only France, Germany and EU have adopted carbon certification for renewable energy sector. The analysis of the WTO TBT Agreement and GATT also confirmed the possibility of a violation of the international trade rules of the carbon certification system and derived nine international technical standards related to carbon certification. Finally, by examining the case of trade disputes related to environmental labeling, the minimum requirements to be considered at the institutional design stage were drawn to eliminate the possibility of trade disputes.

• International Journal of Computer Science & Network Security
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• v.22 no.9
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• pp.169-174
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• 2022

The purpose of the study is to research the legal nature and essence of corrupt behavior, as well as the international and national legal aspects of the fight against corruption. The article discloses the relation between the factual results of the operation of anti-corruption normative and legal acts and the goals and objectives for which they were adopted. The effectiveness of the regulatory effect and quality of anti-corruption legislation is determined by the example of the Russian Federation. The article provides an analysis of theoretical aspects of the theory and history of the formation and development of anti-corruption legislation (on the example of Russia and some other countries, as well as international legal norms) giving several practical examples from foreign legislation demonstrating the structure of the system of government bodies battling against corrupt behavior (including its latent forms). The authors suggest that there is a need for a unified conception of information and propaganda support of state anti-corruption activities. This will make it possible to inform the population that the state is actively working to prevent corruption threats and to bring perpetrators to justice, as well as contribute to citizens' trust in the state policy in this area. At the same time, it is necessary to regularly inform the citizens about the provisions of the anti-corruption legislation, explaining the importance of their observance.

• Journal of Contemporary Eastern Asia
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• v.19 no.1
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• pp.84-96
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• 2020

The Republic of Korea (Korea) and the Russian Federation (Russia) are actualizing the cooperation in the Arctic area. As a result, Korean companies have begun to enjoy real economic benefits. However, since there are some troublesome aspects associated with this cooperation, measures that can lead to sustainable development through the supplementation of relevant norms are critical. Russia is also aware of these problems in obtaining economic benefits in the future; cooperation between the two countries should be extended to sufficiently cover this point. The laws related to the region are vague and do not encompass every field. In addition, when it comes to national interests, many situations arise from areas where international and national laws are not clearly harmonized. Therefore, efforts should be made to reflect the interests of both sides and to maintain economic benefits, in case Korea participates in Russia's development of the area, as well as for the legal foundation to reduce negative issues. The Korea-Russia Free Trade Agreement (FTA) negotiation is on the track for the purpose. The two governments should consider various tasks, such as harmonizing with the former FTAs and dealing with the domestic law in accordance with the new FTA. The two countries also have to conduct researches on the efficient use of the FTA and for the 'Sustainable Arctic Development'.

• International Commerce and Information Review
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• v.12 no.4
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• pp.363-382
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• 2010

It should be unthinkable to not provide water at survival of any living things. Water is too a basic element for development for a country. Currently, the global market of mineral water is growing rapidly. This study, I conceptualized mineral water as bottled water. In particularly, bottled water has seen huge global growth for the last few years. The annual growth rate of the market in the period 2005-2009 was 5.9%. Following a surge in obesity and subsequent health and wellness trends, many consumers are switching from sugary soft drinks to healthier alternatives. Therefore, the global bottled water market is one area which has big potential for growth, but price competition is getting intensified among multi-national and domestic firms. Korean providers too are faced with strong competition in growing domestic market. The bottled water market has presence of multinational provider like Nestle, Danone and Coca-Cola, which collectively account for 35.1% of the world market share in 2009. On the basis of a market orientation approach, this article looks at changing environments in the world mineral water industry and attempts to describe foreign market entry strategy of the Korean mineral water industry. The market orientation provides strong norms for learning from customers and competitors, is instrumental in creating a superior value for buyers, innovating successfully, and generating excellent firm performance. So firms should consider a strategic planning in basis on market orientation before they enter foreign markets. Some discussions were made about managerial implications for Korean bottled water providers.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.10 no.2
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• pp.857-880
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• 2016

Due to an increasing number of cyberattacks globally, cybersecurity has become a crucial part of national security in many countries. In particular, the Digital Pearl Harbor has become a real and aggressive security threat, and is considered to be a global issue that can introduce instability to the dynamics of international security. Against this context, the cyberattacks that targeted nuclear power plants (NPPs) in the Republic of Korea triggered concerns regarding the potential effects of cyber terror on critical infrastructure protection (CIP), making it a new security threat to society. Thus, in an attempt to establish measures that strengthen CIP from a cybersecurity perspective, we perform a case study on the cyber-terror attacks that targeted the Korea Hydro & Nuclear Power Co., Ltd. In order to fully appreciate the actual effects of cyber threats on critical infrastructure (CI), and to determine the challenges faced when responding to these threats, we examine factual relationships between the cyberattacks and their responses, and we perform analyses of the characteristics of the cyberattack under consideration. Moreover, we examine the significance of the event considering international norms, while applying the Tallinn Manual. Based on our analyses, we discuss implications for the cybersecurity of CI in South Korea, after which we propose a framework for strengthening cybersecurity in order to protect CI. Then, we discuss the direction of national policies.