• Title/Summary/Keyword: negotiations

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A Comparative Study on Rules of Origin of FTA signed by Korea and China (한·중 각국이 체결한 FTA협정의 원산지 규정 비교 연구)

  • Kim, Hyoung-Cheol;Kim, Hee-Cheol;La, Kong-Woo
    • Korea Trade Review
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    • v.41 no.1
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    • pp.139-158
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    • 2016
  • In this study, we analyze South Korea and China have already concluded FTA rules of origin. By comparison and analysis of the relevant provisions in the country of origin of signed FTA, we obtained the necessary implications of origin on the FTA negotiations that will be concluded in the future. FTA between Korea and China's opening level is much lower than the already concluded FTA's, and Korea and the ASEAN FTA has already been signed with similar concessions. However, in understanding the rules of origin in China, it is important for us that China is the first trading partner of the trade. Korean companies are well aware of the rules of origin in China, and it should be noted to prevent damage caused due to the rules of origin in the process of expanding trade with the Contracting Parties.

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The Study of Transitional Justice in El Salvador (발전전략으로서의 과거청산 - 엘살바도르 이행기 정의의 특수성 사례 분석 -)

  • Noh, Yong-Seok
    • Iberoamérica
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    • v.13 no.1
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    • pp.41-67
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    • 2011
  • El Salvador had suffered some 75,000 casualties, mostly civilian, from violent civil conflict(1980-92). In 1992, after negotiations, the government and FMLN signed a historic comprehensive peace accord which brought an end to the war and instituted wide-reaching political and social reforms. Many scholars call it as Transitional Justice in El Salvador. Transitional Justice in El salvador has had two identifiable stages. In the First stage, institutional reforms, such as DDR(disarmament, demobilization, reintegration), and a truth commission were implemented. The second phase corresponds to the period subsequent to the truth commission report, with the failure to implement the commission's recommendations, including those related to reparations and justice. This essay explain how was transitional justice in El salvador different from the other cases, and what was the purpose of extraordinary transitional justice in El Salvador. In detail, the first section of this essay examines the history of the civil war and peace process in El Salvador, and then explores the relationships between cold war and transitional justice in El Salvador. Finally, this essay suggests that truth commission's mandate which investigate 'serious acts of violence that have occurred since 1980' was very important role to accomplish peace and transitional justice in El Salvador.

A Study on Cross-Border Supply Regulation Policy of Telecommunications Service - Focused on Korea, USA, Japan - (통신서비스의 국경간 공급 규제정책 연구 - 한국, 미국, 일본을 중심으로 -)

  • Kang, Shin-Won;Bae, Hong-Kyun
    • International Area Studies Review
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    • v.13 no.1
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    • pp.445-464
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    • 2009
  • Many countries in the world have regulated cross-border supply in basic telecommunications services based on GATS exception rule for telecommunications because of anti-competition behavior control, domestic consumer protection, tax levy, national security, etc. Korea partially regulates cross-border supply in telecommunications service through the WTO and the domestic law and regulation. However, WTO and FTA negotiations, cross-border supply regulation are strongly demanded to deregulation. Therefore, it is required to review the effectiveness of cross-border supply regulation to prepare the counter plan for that regulation. Thus, the major countries of the telecommunication services regulation regarding the cross-border supply are reviewed. In addition, it is retrieved some implications for Korean regulation policy by reviewing the actual regulation of many countries cases.

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.

Applicability of the Single Rate Presumption for Non-Market Economies within the Framework of the WTO Anti-Dumping Agreement (WTO 반덤핑협정 상 비시장경제 규율에 대한 고찰: 미국의 단일률 적용 관행을 중심으로)

  • Kyoung-Hwa Kim
    • Korea Trade Review
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    • v.46 no.4
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    • pp.113-130
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    • 2021
  • This study aims to analyze the WTO-inconsistent aspects of the single rate presumption of the United States in establishing and imposing anti-dumping duties for non-market economy exporters. By examining the drafting history in the GATT/WTO negotiations and the practice of the single rate presumption for non-market economies by the United States from a comparative perspective, it critically addresses the inherent lack of pertinent disciplines under the framework of the WTO Anti-Dumping Agreement in establishing dumping margins for exporters of non-market economies. The WTO Dispute Settlement Body leaves open the possibility of allowing the investigating authority to consider multiple exporters and the exporting country as a single entity. However, the study argues that it is difficult in practice for the investigating authority to make a single-entity decision in a WTO-consistent manner. The study also finds an incompatibility in the notion between establishing dumping margins for 'individual' exporters and 'non-market economies.' A proper discipline for non-market economies under the multilateral anti-dumping norm needs to be reconsidered in the era of persistent trade conflicts between the United States and China.

Design of Mixed Integer Linear Programming Model for Strategic Location Decision -Focused on the Automotive Industry SCM- (혼합정수 계획법을 이용한 전략적 입지선정 -자동차 SCM을 중심으로-)

  • Young-Kyou HA;Su-Han Woo
    • Korea Trade Review
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    • v.46 no.2
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    • pp.213-228
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    • 2021
  • In recent year, US government requires local investment ,unlike in the past, when import restrictions and tariff were imposed. In this situation, many companies are considering new investment in the US and entering the local market. However, research on the optimal investment plan along with the case analysis on trade regulation is extremely limited and more research needs to be conducted. Accordingly, this study aims to suggest the implications and countermeasure of the SCM and logistical perspective by studying the optimal measures for the new investment of each company due to trade regulation. As a research method, the gravity location model, Mixed Integer Linear Programming Model were used to select the optimal automobile manufacturing factory considering each state's population. This study will be implication of SCM and logistics perspective not only for companies considering new investment in the US but also for the government to conduct trade negotiations. In the future, it is expected that the US trade pressure will increase and affect Korea in many ways. Therefore, in order to cope with such difficult situation in a timely manner, continuous research considering various possibilities is needed in the future.

WHAT IS THE VALUE AND IMPACT OF EARLY DISPUTE EVALUATION IN THE UK AND INTERNATIONALLY?

  • Francine Baker
    • International conference on construction engineering and project management
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    • 2011.02a
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    • pp.350-356
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    • 2011
  • Early neutral evaluation (ENE) is a fairly recent form of alternative dispute resolution procedure used in the construction industry. In the UK, ENE is usually carried out on an entirely without prejudice basis, however the parties may agree that any or part of it may be referred to at trial or any subsequent hearing. The early neutral evaluation consists of a preliminary assessment of the issues in dispute for use as a basis for negotiations which may result in a settlement of the dispute. An independent person is appointed by the parties who reviews the case and provides an opinion, in written form and in some detail, with reasons on the merits of the matters in dispute. The opinion is non-binding but provides the parties with what in the opinion of the independent person a formal tribunal may decide whether a court or an arbitrator, if the dispute is not resolved. However, ENE has yet to take off in the construction industry in the UK. This paper will explain this procedure and explore the use of it in the UK and internationally, considering the benefits and drawbacks of its use. It will consider whether or not it is more effective than other early resolution forms such as mediation and adjudication. It will argue and conclude that it is a very useful cost effective procedure, particularly in the resolution of complex disputes, whether local or international.

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Intersecting Sanctuaries: Exploring Cultural Hybridity at Córdoba's Mosque-Cathedral

  • Soojeong YI
    • Acta Via Serica
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    • v.9 no.1
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    • pp.139-160
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    • 2024
  • This study delves into the concept of cultural hybridity, using the Great Mosque-Cathedral in Córdoba, Spain as a unique case study. This monumental site stands as a testament to the convergence of Islamic and Christian architecture and ideology, a phenomenon that is often discussed in modern contexts. However, this study takes a step further, examining cultural hybridity across historical epochs to reveal its persistent relevance in shaping social and cultural landscapes. Originally a mosque transformed into a Christian cathedral, the Great Mosque-Cathedral is a prime example of this phenomenon, reflecting continuous cultural, architectural, and ideological exchanges between the two religions. This paper meticulously analyzes how the structure's architectural elements embody these exchanges, such as its ornate mihrab and unique double-arched columns. By integrating theories of hybridity with a detailed architectural and historical analysis, the study argues that the mosque-cathedral is not merely a physical space but a dynamic medium through which cultural negotiations and adaptations are articulated. The findings underscore the complexity of cultural hybridity, challenging simplistic interpretations of cultural exchange and dominance, and highlighting the mosque-cathedral's role in ongoing debates about identity and heritage in contemporary society. This comprehensive examination contributes to academic discussions on hybridity and enhances our understanding of cultural resilience and transformation through architectural spaces.

Reimbursement of Digital Therapeutics: Future Perspectives in Korea

  • Jin Han Ju;Boram Sim;Jeongeun Lee;Jin Yong Lee
    • Korean Circulation Journal
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    • v.52 no.4
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    • pp.265-279
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    • 2022
  • Digital health is rapidly growing worldwide and its area is expanding from wellness to treatment due to digital therapeutics (DTx). This study compared DTx in the Korean context with other countries to better understand its political and practical implications. DTx is generally the same internationally, often categorized as software as a medical device. It provides evidence-based therapeutic interventions for medical disabilities and diseases. Abroad, DTx support entailed state subsidies and fundraising and national health insurance coverage. In the case of national health insurance coverage, most cases were applied to mental diseases. Moreover, in Japan, DTx related to hypertension will possibly be under discussion for national health insurance coverage in 2022. In overseas countries, coverage was decided only when the clinical effects were equivalent to those provided by existing technology, and in the UK, real usage data for DTx and associated evaluations were reflected by national health coverage determination. Prices were either determined through closed negotiations with health insurance operating agencies and manufacturers or established based on existing technology. Concerning the current situation, DTx dealing with various diseases including hypertension are expected to be developed near in the future, and the demand for use and compensation will likely increase. Therefore, it is urgent to define and prepare for DTx, relevant support systems, and health insurance coverage listings. Several support systems must be considered, including government subsidies, science/technology funds, and health insurance.

A Study on TBT Estimation between Korea and China based on Price Wedge Approach (가격차 모형에 기초한 한국과 중국간 기술무역장벽(TBT) 추정에 관한 연구)

  • Ha, Tae Jeong;Moon, Sunung
    • International Commerce and Information Review
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    • v.16 no.4
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    • pp.307-330
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    • 2014
  • The purpose of this study is to estimation of Technical Barriers of Trade(TBT) between Korea and China. TBT is one of the key issues in which both governments are interested since the Korea-China FTA negotiations had launched in 2012. In this paper, we aggregate nine country HS codes from World Bank and AIO codes from JETRO. Our estimation model based on modified price wedge approach differentiate previous researches in the sense that it covers all manufacture industries and uses nine country data set. Estimation results confirm the importance of TBT showing that TBT high ranking items significantly overlap high ranking export items. We also find that the size of Chinese TBT are much larger than that of Korean TBT, implying that Korean government needs smart and well prepared strategy for key items in TBT/FTA negotiation with Chinese government.

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