• Title/Summary/Keyword: negotiating power

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A Empirical Study on Busan's trading companies' Preference On the Dispute Resolution Ways (부산지역 무역클레임 해결방법 선호도에 대한 실증연구)

  • Shin, Gun-Jae
    • International Commerce and Information Review
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    • v.8 no.1
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    • pp.87-104
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    • 2006
  • We are in an era of global business called one world market. These environments require Korean firms to face an unlimited competition and to resolve their dispute by ADR. Few study, however, on the ways of dispute settlement under the changed international business environment has been done. Thus the major purposes of this study are to investigate Busan's trading companies' preference on the dispute resolution ways. Based on the results of my study, I suggest Busan's trading companies the following guidelines. First, Busan's trading companies should improve their negotiating power by using internet trade and problem solving ability through the establishment of claim information system. Second, They should write contract. Lastly, they should investigate their counterparty's credit.

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A Study on the Influence of Naval Power upon the Resolution of Maritime Territorial Disputes (해군력이 해양 영토분쟁의 해결에 미치는 영향)

  • Han, Jong Hwan
    • Strategy21
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    • s.44
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    • pp.103-141
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    • 2018
  • As the South China Sea maritime dispute illustrates, when considering the place where maritime claims occur, states do not have many choices to respond to maritime claims in which disputed areas are located far away from the land and are surrounded by the sea. As Mearsheimer (2014) points out, the sea stops power projection. Therefore, in order to adopt coercive as well as peaceful settlement policies to deal with maritime claims, states need to overcome obstacles (the sea) to project power. It means that if states want to conduct a specific foreign policy action, such as negotiating maritime borderlines or arguing sovereignty on islands, they need a tool (naval power) to coerce or to persuade the opponent. However, there are lack of research that studies maritime claims from the perspective of naval power. This research project fills this gap based on naval power. How do relative levels of naval power and (dis) parities of naval power influence the occurrence of MIDs over maritime claims? Naval power is a constitutive element during maritime claims. If disputants over maritime claims have required naval power to project their capability, it means that they have the capability to apply various ways, such as aggressive options including MIDs, to accomplish their goals. So, I argue that when two claimants have enough naval power to project their capabilities, the likelihood of MIDs over maritime claims increases. Given that one or both states have a certain level of naval power, how does relative naval power between two claimants influence the management of maritime claims? Based on the power transition theory, I argue that when the disparities of relative naval power between claimants becomes distinctive, militarized conflicts surrounding maritime territory are less probable. Based on the ICOW project which codes maritime claims from 1900 to 2001, the empirical results of the Poisson models show if both claimants have projectable naval power, the occurrence of MIDs over maritime claims increases. In addition, the result shows that when disputants maintain similar relative naval powers, they are more likely to initiate MIDs over maritime claims. To put it differently, if naval capabilities' gap between two claimants becomes larger, the probability of the occurrence of MIDs decreases.

Philippine Democracy and Constitutional Engineering: Power Sharing, Accountability, Effectiveness and Stability (필리핀 민주주의의 헌정공학: 권력공유, 책임성, 효율성, 안정성)

  • KIM, Dong-Yeob
    • The Southeast Asian review
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    • v.23 no.1
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    • pp.1-44
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    • 2013
  • This study examined the constitutional engineering of the Philippine democracy in terms of power sharing and accountability, and the effectiveness and stability of the Philippine democracy as a result were assessed. Based on the analysis, the nature of the present Philippine democratic system since 1986 was brought to light. This study argues that the system of power sharing between the President and the congress in the Philippines tends to serve for negotiating political interests among the power elites rather than functioning in a constructive way. And the public accountability system is not functioning as it was designed to do. Due to the defects the Philippine democracy continuously suffers the lack of political effectiveness and stability. Despite of the problem, the reason not to break down the system would be the fact that the system served for the oligarchic power elites to circulate and recreate the political power exclusively. The direction of the Philippine constitutional engineering should be weakening the present traditional elite dominated political system, and strengthening the chances of political participation from the various classes. Some concerned people suggested the constitutional change to parliamentary system in order to strengthening party politics, and federal system to cope with the problems of regional conflicts, but such efforts failed repeatedly due to the conflict of political interests. Considering the present circumstance, it would be advisable to reform political party law and election system in the direction of strengthening political party system, and to expand the scope of local government system in the direction of devolving the centralized political power.

In the middle of a perfect storm: political risks of the Belt and Road project at Kyaukphyu, Myanmar

  • Morris, David
    • Journal of Contemporary Eastern Asia
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    • v.20 no.2
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    • pp.210-236
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    • 2021
  • China's Belt and Road Initiative infrastructure connectivity and other projects are presented in much of the discourse as a grand strategy to trap developing nations in debt, to exert asymmetric power and construct a new world economic order. The asymmetric relationship between China and Myanmar might therefore be expected to generate a range of political risks for stakeholders. Myanmar itself presents a "perfect storm" of problems, with dysfunctional governance, civil conflict, under-development and growing economic dependence on China. The Kyaukphyu port project and associated Special Economic Zone in Myanmar's troubled Rakhine state is investigated as a case study of risks on the Belt and Road. While worst case fears China might seize military control of the port appear unlikely, at least in current conditions, empirical observation indicates the complexity on the ground generates an array of other risks - as well as opportunities, should conditions allow. Further, despite challenges and constrained capacity, Myanmar governments have demonstrated agency, including by re-negotiating control and costs of the Kyaukphyu project. The case underlines that conditions are more complicated than simply China's asymmetric power. A sceptical approach is taken to normative discourses in order to build inductive understanding of how stakeholders and local experts perceive dynamics underway. A political risk approach is deployed to develop a framework to identify, analyse and assess risks for actors in relation to the Kyaukphyu project. The research findings are presented on an interim basis, given current constraints on field interviews due to the current crisis.

Stakeholder Networks Supplying Rural Tourism in The Mekong Delta, Vietnam: The Case of Thoi Son Islet, Tien Giang Province (메콩델타지역 농촌관광의 공급자 네트워크: 티엔장성(省) 터이선 섬을 사례로)

  • Hoang, Chau Ngoc Minh;Kim, Doo-Chul
    • Journal of the Economic Geographical Society of Korea
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    • v.16 no.3
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    • pp.423-444
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    • 2013
  • Tourism in Thoi Son Islet has been the advanced model for rural tourism in the Mekong Delta region since the 1990s. The continuously rising number of tourists, however, has also created problems that affect sustainable rural development. To understand these problems, this research analyzed how rural tourism has been operated through the methodology of a stakeholder network. After investigating the network among key stakeholders (Ho Chi Minh travel agencies (HCMTAs), local travel agencies (LTAs), and local residents, the result showed that in the current model, HCMTAs and LTAs have played the role of connectors, working as hubs to shift tourists (demand) to match local residents (supply), with the networking being dominated by signed contracts (formal networks). The networks between LTAs and local residents are both formal and informal. Inter- and intra-networks among local residents are dominated by informal networks of established working relationships based on networks of family, friends, and neighbors. Moreover, this research has found that there is no cooperating network among LTAs. Among owners of tourist sites was not also found cooperating network. The primary motivating factor for these stakeholders is price competition; this has led to a disproportionately small share of revenue for local stakeholders, with most tourism revenue going to HCMTAs. Additionally, because of the high competition among local stakeholders, this results in local stakeholders having little or no negotiating power when conducting business with HCMTAs. Meanwhile the Tien Giang Tourism Association is inefficient in fostering cooperation among local stakeholders to increase their negotiating power.

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A Study on the Factors for Leveling the Playing Field in Trade Negotiations between the Republic of Korea and the United States: -A Political-Economic Approach to Textile Negotiations(1969 through 1972)- (한-미 통상협상에서의 균등화전략 요소에 관한 연구 - 한-미 섬유협상(1969-1972년)에 대한 정치경제학적 접근 -)

  • Kim, Bong-Hyun;Kwak, Ro-Sung
    • International Area Studies Review
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    • v.13 no.2
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    • pp.550-572
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    • 2009
  • This paper investigates the textile negotiations between Korea and the U.S. which Korea, as a weaker party in the bilateral trade negotiation, was recognized as making a good performance by Odell(1985). Using the documents of Korean governments at the time - Ministry of Foreign Affairs and the Ministry of Commerce and Industry - telegrams and reports from various sources the paper picks a leveling factor during the negotiations. In the paper, we used a dynamic concept of power for describing the negotiating power, and showed Korea succeeded in making the negotiation symmetric using the Special Cooperative Relationship(SCR) as one of the most conspicuous leveling factors during the textile negotiations with the U.S. The paper contributes to finding the factors that can be used in the negotiations with power asymmetry as a leveling factor for weaker country. Also, based on the findings from the paper, future negotiators can get insights on which factors be used, and how to use those factors for leveling the negotiations with a stronger counterpart.

The Coping Process of Chief Executive Nurses(CENs) Who Had Experienced Unexpected Dismissal (예기치 않게 직위해임을 당한 간호부서장의 대처경험)

  • Yun, Soon-Nyung;Suh, Eun-Young;Kim, Chun-Mi
    • Korean Journal of Occupational Health Nursing
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    • v.19 no.2
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    • pp.140-149
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    • 2010
  • Purpose: The purpose of this study was to explore the coping process of chief Executive Nurses(CENs) Who Had Experienced Unexpected Dismissal.The research question was "would you tell me about your experience of sudden dismissal?" Method: The methodology of collecting and analyzing data used in this study followed the ground theory of Strauss and Corbin (1998). Data were collected through in-depth interviews with open-ended questions about the subjects' coping experiences, which were audio-taped and transcribed. The survey was conducted between April and May, 2007. The subjects of this study were 5 CENs. Result: The results of the study are as follows. Core category of This Study was "Battling unsupported against the overwhelming reality." The participants had to face the most unexpected reality of being laid off. Their emotional/psychological response were betrayal, powerlessness, lonesomeness, sorrow, and hopelessness. They felt like a general who is facing overwhelming enemy in a war. The coping process was found to have four stages: shocked stage, resisting stage, negotiating stage and reflecting and transcending stage. Conclusion: The result of this study suggested that ceaseless exertion and cooperation at organizational and individual levels are needed to establish stable status and power of nursing departments and CENs in hospitals.

The Role of Large Companies in Entrepreneurial Ecosystem (창업생태계 강화와 대기업의 역할)

  • Kim, Do Hyeon
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.8 no.2
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    • pp.83-91
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    • 2013
  • Korean government recently plan to transform Korean economic system into so called "creative economy" in which entrepreneurial activities play major role. Therefore, a large number of new public support program for entrepreneurs have been announced. On the other hand, there has been growing needs for fairness of economy: large companies are regarded to have abused their negotiating power so far. These two very apparent social trend may require active role of large companies to develop sustainable entrepreneurial ecosystem in Korea. In this study, the author tries to review current situation and to find what would drive active participation of large companies as seen in other countries.

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A Study on the Comparative Pattern of Trade Negotiation between Korea and Japan (한국인(韓國人)의 무역협상방식(貿易協商方式)에 관한 연구(硏究) - 일본인의 협상방식비교 -)

  • Kang, Jin-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.14
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    • pp.291-321
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    • 2000
  • This study investigates the different pattern of trade negotiation between Korea and Japan. For the Korea, it is inevitable to enhance nation's competitiveness position amid the rapidly changed international environment. Especially, Korea's recent experience of IMF credit under economic crisis during 1997-1999 tells us the importance of international trade and trade negotiation. Our main interest is focused on the comparative pattern of both countries with the recognition that the role of the negotiation can not be overemphasized for the Korea. This is because Korea has continuously recorded the huge trade deficits with Japan for the long time. Although we consider the different degrees of products quality, industrial structure, productivity, and national competitiveness of both countries, it is necessarily required to pay special attention on different pattern of negotiation skills and tactics between two countries. In the paper, we suggest some important guidelines for Korea to improve its negotiation technique with Japan. First, valuing human relation between negotiators, rather than negotiating process. Second, preparing for negotiations: the negotiators should try to carve out enough time to prepare for the bargaining. Third, appreciating the power of patience: very essential to effective outputs. Fourth, being a specialist on both countries' culture and avoiding lawyers' intervention for conflict resolution.

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The Strategy of Global Negotiation for Making a Trade Contract Successfully : In The View of Difference of Culture and Custom s in BRIC's (성공적(成功的) 무역계약(貿易契約) 체결(締結)을 위한 글로벌 협상전략(協商戰略) - BRICS의 문화(文化)와 가치(價値) 차이(差異)를 중심(中心)으로 -)

  • Oh, Won-Seok;Kim, Dong-Ho;Kim, Geo-Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.25-48
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    • 2010
  • The principle of parties' autonomy is one of general and dominant principles in an international trade contract. When we consider the determinants of negotiation outcomes, the negotiation is affected its result by their culture and custom. A negotiation has extensively been used a lot as a business process. As we negotiate with our clients, we have to check a lot of factors like strategies, their behaviors, culture shock and custom. That why most people have their different life and circumstance. The same words which are used its contract have several meaning. Because the words are influenced by culture and own custom. Also most people abide by their social pattern. Each culture in the world follows its own customs and traditions. Therefore, when we have the negotiation of trade contract, we have to think these factors. Then the negotiation is leaded very successful This dissertation examines the effects of the negotiators' personality and different culture and custom. On the point of a negotiating power, contracting parties are affected a lot by their usage. The culture which is influenced by contracting parties is possible to apply as a key point. So, this study will be analyzed these factors.

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