• Electronics and Telecommunications Trends
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• v.37 no.5
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• pp.1-10
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• 2022

Digital trade rules are crucial in supporting the digital economy as the rules effectively reduce unnecessary trade barriers. This study introduces various approaches that major countries take regarding digital trade policies and rules. Comprehensive and Progressive Agreement for Trans-Pacific Partnership has introduced comprehensive rules on e-commerce, including binding articles on the free flow of information, location of computing facilities, and source code. More recent e-commerce provisions or digital trade agreements cover wider range of issues, from cyber security, artificial intelligence, and data innovation to electronic invoicing and payments. Multilateral negotiations on digital trade rules, including the World Trade Organization E-commerce Joint Statement Initiatives and Indo-Pacific Economic Framework, are in progress. Thus, countries involved are expected to respond to new digital trade issues with long-term strategies considering domestic policy objectives.

• Iberoamérica
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• v.14 no.1
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• pp.57-80
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• 2012

This year(2012) marks the 30th anniversary of the Malvinas (Falkland) war. A series of talks between the British and Argentina took place over 30 years until 1982, but failed to reach a conclusion on sovereignty. Argentina claims that sovereignty of the islands was transferred to Argentina from Spain upon independence, a principle known as uti possidetis juris. But UK claims that the principle of uti possidetis juris is not accepted as a general principal of international law, and UN General Assembly resolutions calling for negotiations are flawed because they make no reference to the islanders' right to choose their own future. In this situation, a huge amount of petroleum and natural gas has discovered near the Malvinas islands. To explore such situation, this article looks into history and present condition on dispute of Malvinas sovereignty, and also analyses de-colonialism and resource nationalism related to dispute of Malvinas sovereignty.

• Korea Trade Review
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• v.47 no.4
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• pp.125-135
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• 2022

This study is to analyze the economic effects of tariff reduction using computable general equilibrium(CGE) model. We set up the social accounting matrix for five-base equilibrium year. Our main findings are as follows. First, the impact of tariff reduction on GDP was different from time to time. It meas that the differentiated economics structure was affected by tariff reduction. As our economic grew up, the impact of tariff reduction was measured much higher. Second, until 1995 the impact of tariff reduction on total export and import was increased, then while 1995 the increase was dropped. This is because we reduced the tariff by the WTO negotiations. Third, the tariff reduction affected the price of imported goods, so it contributed to substitute effects between domestic and imported goods. According to these results, we found out the importance of the linkage between the tariff reduction and economic structure.

• Korea Trade Review
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• v.47 no.5
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• pp.223-240
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• 2022

Anti-circumvention rules were discussed profoundly during the Uruguay Round and the DDA negotiations, although WTO members failed to reached an agreement to introduce it to the WTO Anti-Dumping Agreement. However, as the cases of circumvention of anti-dumping duties increase, a number of countries have enacted anti-circumvention regulations as part of their anti-dumping laws. This study aims to analyze anti-circumvention rules from the perspective of WTO law. After overviewing the object and purpose of anti-dumping and anti-circumvention regulations, it examines anti-circumvention regulations of the US, the EU, and India. Next, the study explores the possible WTO-inconsistent aspects of those regulations. Then, it discusses whether it would be preferable for countries not equipped with anti-circumvention regulations, such as Korea, to have one. Thereafter, this study proposes Korean government to introduce anti-circumvention rules into its anti-dumping law.

• Korea Trade Review
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• v.45 no.1
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• pp.31-45
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• 2020

As FTAs are introduced, greater trade between the countries results in more disputes between parties to the agreement. Disputes in international trade have previously been settled mainly through international arbitration. However, with the recent rise in negative aspects of the arbitration system, the international community has begun to seek ways to utilize mediation for replacing the arbitration system. Mediation is a dispute settlement system that helps the parties settle their disputes on their own through negotiations. The UNCITRAL, which seeks to unify and develop international trade law, amended the Model Mediation Law in 2018 and adopted the 'United Nations Convention on International Settlement Agreements Resulting from Mediation' in August 2019 to enable the adoption of the international settlement agreement. This study analyzes the main contents of the 2018 Model Mediation Law and predicts the potential for the development of international commercial mediation as a dispute settlement procedure for future international trade.

• Korea Trade Review
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• v.45 no.4
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• pp.171-194
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• 2020

Although there is a lot of literature on the effectiveness of regional trade agreements(RTAs), it is usually analyzed only using trade-related theories and data. However, this paper has a differentiation in that we examine the linkage between international trade and financial markets through the stock markets reactions when the trade agreements related news arrived. Specifically, using an event study, we look into the Korea-US free trade agreement(KORUS FTA) which is the most commercially significant FTA in almost two decades for both the countries. Korean stock market generally responded more sensitively to FTA news than the US stock market, especially in 'Auto & Parts', 'Electrical Equipment' and 'Chemicals' industries. And the investors' perception toward the effect of KORUS FTA on Korean industries changed from negative to positive as negotiations proceed. Korea has a comparative advantage in the production of labor-intensive goods relative to US, but the economies of scale hypothesis does not hold.

• Journal of Koreanology Reviews
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• v.1 no.2
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• pp.11-18
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• 2022

International negotiation and cooperation for sustainable development currently emphasize three themes on which environmental policies are developed. South Korea emphasizes two of the three themes; climate change and the 2030 Agenda for Sustainable Development. South Korea has taken a leadership role in the international arena regarding these topics, actively participating in the United Nations Framework Convention on Climate Change (UNFCCC) and the negotiations for the 2030 Agenda (Jung, 2018). South Korea has taken a number of steps to address climate change, both domestically and internationally. Domestically, it has implemented several policies and methods to lessen GHG emissions and transition to a low-carbon economy. It has implemented an Emissions Trading Scheme, the largest in the world, a renewable energy portfolio standard, and aimed at accomplishing carbon neutrality by 2050. South Korea is also actively involved in executing the Sustainable Development Goals (SDGs) and has established a national committee to ensure their successful implementation. The group is made up of representatives from the private sector, government ministries, and civil society organizations. It is focused on monitoring the progress of the SDGs and providing policy and financial support for their implementation.

• Journal of Legislation Research
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• no.44
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• pp.571-610
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• 2013

The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

• International Commerce and Information Review
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• v.18 no.4
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• pp.143-164
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• 2016

PICC are dealing with form requirements of international commercial contract under writings in confirmation, conclusion of contract dependent on agreement on specific matters or in a particular form, contract with terms deliberately left open, merger clauses, modification in a particular form. If a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. A contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated.

• Journal of Distribution Science
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• v.12 no.2
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• pp.7-16
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• 2014

Purpose - The purpose of this study is to target Chinese consumers of Korean agri-food through the analysis of agri-food brand identity images to set future directions for proposed agri-food exports to China. Since negotiations began for a free trade agreement (FTA) between Korea and China, some Koreans have worried about the Korean agriculture sector. The world trading system has undergone many changes in recent years. Since the start of FTA negotiations on agriculture, China and Korea have faced a heightened sense of crisis. China is trying to export agricultural products so actively that its agricultural exports could increase by more than 7% annually. China exported about one-tenth of its agricultural products to Korea in the period 2002-2010. Recently, the importance of brand identity has tended to increase, as the world becomes one unified market. In this situation, we should try to promote agri-food exports to China. It is very important to understand consumers' recognition of Korean food and the image of the Korean agri-food industry, to establish an export strategy. Research design, data, and methodology - This study targeted 2,800 adult men and women aged 25-59 years living in four major cities in China (Beijing, Shanghai, Guangzhou, and Qingdao) with a household income within the top 10% level in the China, using the one-to-one interview survey method. In addition, four groups by region (eight people per group) for a total of 32 groups were surveyed by using the focus group interview (FGI) research method, and impressions of imported agri-food were surveyed using 17 questions about fresh agri-food and 22 questions on processed agri-food. Factor analysis, brand positioning, biplot analysis, and so on, were carried out based on the results of these surveys. This research presents the brand identity of Korean food; according to the analyses, the brand identity is based on trust, safety, and attractiveness. Result - Factor analysis results showed that Chinese consumers expect four major qualities in imported fresh agri-food: freshness/safety, attractive appearance, premium branding, and excellent taste/quality. In the case of processed agri-food, it turned out that Chinese consumers are focused on safety/hygiene/freshness, health, and taste. In addition, in the fresh agri-food analysis by country, American foods had the upper hand; the image of American foods was also recognized as the most positive for processed agri-food. Meanwhile, according to the biplot analysis, Korean agri-food is strongly preferred for its appearance, but no country is strongly preferred as regards the level of freshness/safety that is expected by Chinese consumers. Conclusions - In this study, we analyzed the image of imported agri-food expected by Chinese consumers by reconstructing agri-food characteristics from the brand perspective. The research result shows that a Korean brand identity must be the ultimate goal for activities undertaken to enhance the image of Korean agri-food in the future. Additional research is needed because brand image can be formed through various channels.