• International Commerce and Information Review
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• v.9 no.2
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• pp.351-371
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• 2007

This study article is a study on the rules of origin review and rules of origin judgement. and The purpose of this article shall be studies to korea foreign law and Korea American FTA in origin country regulation. this article are two most important elements in determining market access in a FTA. that is the coverage of tariff elimination and rules of origin. The rule of origin in a FTA greatly influences the creation of economic profit and distribution. Therefor, The Result of the article is review to protection of domestic customers and domestic industries in rules of origin. This study contributes to a understanding of judgement of rules of origin and extend level of generalization of exchange law, WTO, FTA Regulations by review interaction relation.

• Korea Trade Review
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• v.44 no.1
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• pp.177-191
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• 2019

Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

• Ocean and Polar Research
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• v.37 no.1
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• pp.81-90
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• 2015

International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.

• Journal of the Korean Institute of Navigation
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• v.16 no.3
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• pp.1-17
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• 1992

Although there are numerous regulations provided for the Steering and Sailing Rules on the International Regulation forPreventing Collisions at Sea, 1972(hereinafter called COLREG), the most important Sailing Rules for approaching between two vessels in sight of one another could actually be defined as three typical aspects based on both the COLREG and practical sea experience. The Rules are overtaking , head-on situation and crossing situation applicable, those clearly prescribes on the COLREG. Thus, for easy understanding of these Rules comprehensive legal research is performed by every chapter in this paper so as to make practical implementation by duty officer of apprentice of shipping concerned. Consequently an aim of the study intends not only to exonerate any vessel, or the owner, master or crew there of, from consequences of well understanding and timely implementation to complying with the aforementioned three typical Steering and Sailing Rules which may be required by ordinary practice of seamen but also to avoid risk of collision at sea.

• Journal of the Korea Institute of Building Construction
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• v.6 no.3 s.21
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• pp.83-90
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• 2006

The purpose of this study is to propose improved apartment management rules so that the inhabitants of apartment houses can manage their apartment in efficient and transparent manners. This study points out several problems of current management system and propose improved apartment management rules by analyzing misconducts of management office, related laws and regulations, standard apartment management rules, these and judicial decisions. Therefore, the inhabitants may refer to this study in establishment or amendment of their apartment management rules.

• 한국항공우주법학회:학술대회논문집
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• 2008.05a
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• pp.235-255
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• 2008

On the basis of briefing the development of space technology and activity in China, this essay analysis the characteristics and main rules of the space regulations in China, and proposes how to advance and perfect the space law in China further. The beginning of space technology in China can be traced back to 1956. After more than fifty years development phased in three periods of technology preparation, technology experimentation and engineering application, the achievement of space technology and activity in China is noticeable in the world. But the space legislations in China, which is mainly composed as ministerial rules, orders, and regulatory documents, are really lagged far behind the space activity, and can not adapt to the quick and comprehensive development of space activity. Therefore, national space law must be passed in time.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.39-70
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• 2004

On the above, character of Incoterms and CISG, applicability of Incoterms to the principles of interpretation of CISG for contracts terms, and to the regulations of delivery and payment of price in connection with applicability of Incoterms to CISG are discussed. Conclusions are as follows : Although both rules is regulations which have to understand in connection with int'l trades of goods but CISG is a comprehensive substantive law in connection with a whole dealing course. On the other hand Incoterms are detailed substantive law of performance for two important sphere, that is to say, delivery and payment in the field of performance of CISG. According to both rules, letter credit is realizing processes of detailed performance for delivery and payment. As professor of Honnold's opinion, the relationship between Incoterms and CISG is peculiar and complementary. Therefore instead of considering the both from a point of pure legal views which both rules raise many problems that still a wait well consolidated and acknowledged answers, we have th consider the both with L/C system that still constitute a main payment system. Particularly ICC and Uncitral know that they are not only directly and indirectly involved in regulating process of the both sets but also can apply Incoterms to CISG on connection with the use of L/C.

• Proceedings of the KSR Conference
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• 2009.05a
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• pp.628-635
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• 2009

To assure the safety of urban railway train, it is necessary to observe the specified driving principles under an essential condition during running on tracks. These principles arises from a great deal of experience for a long time and include safe distance between trains, the railway signaling, block system, regular block of the highest priority and driving prohibition of simple railway vehicle in the main track, etc. Therefore, it is important to apply these principles to domestic urban railway driving regulations and railway vehicle driving regulations. However, domestic urban railway administrator established his own operation rules within the regulation. In this study, domestic urban railway administration's own rules are examined and the appropriate driving regulation on the safe driving principles is proposed.

• Bulletin of the Society of Naval Architects of Korea
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• v.25 no.3
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• pp.46-54
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• 1988

The International Association of Classification Societies(IACS) can trace its original back to the International Conference on Load Lines of 1930 and was established in 1968. Long before the formal foundation of IACS, a number of working parties existed to carry out studies of specific topics concerning technical rules of classification. The general terms of reference of the working groups of IACS are to draft unified rules and regulations between Societies, to study safety standards at the request of the International Maritime Organization(IMO) and to prepare unified interpretations of technical regulations of international conventions. As an associate member since 1975, the Korean Resister of Shipping has been actively attending the meeting of IACS working parties. In this paper, summaries of major agenda of the working parties including history of unified requirements and relevant technical tendencies are explained for the purpose of providing better understanding of the rule development.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.589-616
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• 2016

The reviewing of an analysis of the Korea-China FTA due to guidance introduced for the new regulations or exceptional regulations compared to the KORUS, Korea-EU, Korea-ASEAN FTA. Commodity sectors in the Korea-China FTA and the KORUS, Korea-EU, Korea-ASEAN FTA(the majority in the country and trade criteria analysis result) compared and analyzed the results, rules of origin and the customs clearance procedures of origin, preferential tariff rate of origin and the origin preferential specific rules are somewhat difference, but customs and trade facilitation regulations are already quite consistent with the Korea customs system. Relatively important research results were as follows. First, the calculation of the regional value content in KORCHINA FTA is that I'm to use the deduction method can comprehensively reflect a regional value ratio, with respect to the materials acquired originating status as the FTA in the US and EU use the product non it's not to consider the value of the originating materials originating materials can be utilized for intermediate goods. Second, even if a non-treaty country in the middle with the exception of direct transport rules, and acknowledge the country of origin are under customs control, there are provisions for the period are temporarily stored in a non-treaty countries separately, that period goods imported into the non-treaty countries and up to three months from the day. If the situation of the occurrence of force majeure be greater than three months, but has so exceed six months. Third, the materials acquired originating status in the Korea-China FTA not to consider the value of non-originating materials used in its products as the KORUS FTA and Korea-EU FTA, that can be utilized originating materials for intermediate goods. It is expected that higher utilization of rules of origin. Meanwhile, Korea-China FTA has provisions to allow requests for preferential tariff applied on imports Customs declaration of intention to apply pre-condition for a preferential tariff applied to the importer. In other words, if the import customs tariff preference when applying post-intention not to advance is to be noted that any preferential treatment to prevent the later application.