• Journal of Arbitration Studies
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• v.25 no.4
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• pp.77-95
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• 2015

CISG provides a uniform framework for contracts of sale of goods between parties whose places of business are in different States. In 2004 South Korea became the 63th State around world to adopt CISG. Starting next year CISG goes into effect as the law that governs the contracts for international sale of goods, in respect of which CISG displaces the existing domestic civil and commercial codes of Korea. By its provision Article 1(a), CISG applies directly between Contracting States without reference to private international law. As South Korea's biggest trade partners including China, the U.S. and Japan are also parties to CISG, the number of such direct applications continuously increases. Now it is estimated, though roughly, that CISG governs about two-thirds of Korea's import and export trade of goods. The private survey of the author shows that up to now in South Korea there are 39 court cases decided by the first instance courts, 29 cases by the appellate court and six cases by the Supreme Court of South Korea. In nearly all these cases, CISG applied directly. Furthermore, currently CISG is, in several respects, influencing upon the revision of Korean civil code which is designed to modernize it: The revised draft published in 2013 adopts the rules on the revocation of offers provided in articles 15 and 16, the rule on the termination of offers provided in article 17 and the rule on the time that an acceptance takes its effect provided in article 18 of CISG. More importantly, in accordance with the rules taken by CISG, the revision draft no longer requires the existence of fault or negligence on behalf of the breaching party in order for the aggrieved party to void the contract, and the revised draft denies the right of avoidance for trivial, not fundamental, breaches of contract.

• Asia-Pacific Journal of Business
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• v.12 no.4
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• pp.289-297
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• 2021

Purpose - This study analyzed the correlation between economic liberalization and foreign direct investment. The purpose of this study is to seek ways to attract foreign direct investment from developing countries. Design/methodology/approach - This study analysed with observations of 19 from 2000 to 2018 using a fixed effect model, a random effect model, and a two-way fixed effect model. Findings - First, it was found that economic liberalization had a positive effect on attracting foreign direct investment in the early stages of economic liberalization. Second, it was found that economic liberalization in the deepening stage of economic liberalization had a negative effect on attracting foreign direct investment. In general, it was found that the higher the level of economic liberalization in developing countries is not accompanied by innovative changes in the industrial structure, the higher the level of economic liberalization is likely to decrease the inducement of foreign direct investment due to negative factors such as an increase in labor costs. Overall, this study approved that Economic liberalization have a non-linear (inverted U-shape) relationship with the inflow of foreign direct investment. Research implications or Originality - First, this study attempted to expand the variables for the determinants of FDI by analyzing economic factors which is a determinent of FDI. Second, economic liberalization generally has a positive effect on foreign direct investment, but it proved that it does not have only positive effects as a factor of attracting foreign direct investment in developing countries. The advantage of low wages in ASEAN countries acts as a factor for foreign direct investment, but as the degree of economic liberalization increases, the environment such as government size, guarantee of property rights, international trade freedom, fiscal soundness, and regulations change positively. On the other hand, it can be suggested that if the industrial level is less, it may lead to a loss of comparative advantage and a decrease in investment.

• The Journal of Fisheries Business Administration
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• v.53 no.2
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• pp.21-41
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• 2022

The effect of change in exchange rates on an economy is very important, especially, to a small open economy like South Korea. I explore whether Free Trade Agreements (FTAs) have positive influences on exchange rate-pass through import price of import market for fishery products in South Korea. Competition among FTA partners is enhanced after FTAs are effective. I expect that the extent to which are exchange rate pass-through (hereafter, ERPT) into import price of fishery products (in terms of Korea currency) would be reduced since the import market for fishery products in South Korea is an oligopolistic market. Specifically, I investigate two research questions with six South Korea's FTA partners-Norway, Thailand, Peru, U.S., China and Vietnam. First, whether the extent to which are exchange rate pass-through into import price of fishery products from six FTA partners would decrase in the post-FTA era; seconds, the size of reduction has a negative relation with the size of their market share in the import market for fishery products in South Korea if it decreases. The empirical results indicate that the degree of ERPT into import price from other FTA partners than Norway has been reduced after FTA, statistically and significantly; however, I do not find the evidence that the size of reduction is related to their market share. The findings in this study imply that FTAs have negative effects on producers' economic welfare in South Korea's fishery industry by reducing the extent to which are exchange rate pass-through as well as reducing tariff barriers.

• Animal Bioscience
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• v.37 no.4_spc
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• pp.775-785
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• 2024

Pork production is a significant agricultural enterprise in the United States and Canada. The United States is the third-largest global producer of pork and Canada ranks seventh in pork production. The North American Free Trade Agreement and its successor, the U.S.-Mexico-Canada Agreement, have facilitated trade and integration between the two countries. The majority of production systems are modern and intensive, characterized by large vertically integrated farms using advanced technologies. Both nations benefit from their status as major producers of feed grains, with the United States leading in corn and soybeans, while Canada excels in canola and barley production. The regulatory frameworks for food safety, animal welfare, and environmental stewardship differ slightly, with the FDA and USDA overseeing these aspects in the United States, and Health Canada and the Canada Food Inspection Agency in Canada. The United States and Canada also have well-established distribution networks for pork products, relying on both domestic and international markets. Export markets play a crucial role, with the United States being a major importer of Canadian pigs, and both countries exploring opportunities in Asia. Despite a rise in global demand, domestic pork consumption trends differ, with per capita consumption remaining stable in the USA and declining in Canada. Changing consumer preferences, including a demand for ethically raised and locally sourced pork, may influence production practices. Future trends in pig production include a focus on consumer concerns, sustainability, disease prevention, reduction of antimicrobial use, and advancements in technology. The industry is adapting to challenges such as disease outbreaks and changing regulations, with a strong emphasis on animal welfare. Labor and workforce considerations, along with advancements in technology and automation, are expected to shape the efficiency of pork production in the future.

• Journal of Korea Trade
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• v.24 no.1
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• pp.82-98
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• 2020

Purpose - This study aims to overcome the limitations of existing studies, which linearly determine the precedence factors of competency in overseas subsidiaries. The research objectives are as follows. First, what kind of nonlinear effects does the level of control held by Korean headquarters over foreign subsidiaries have in terms of competency in the subsidiaries? Second, what kind of nonlinear effects do the local experiences of overseas subsidiaries have on their competency? Design/methodology - With data on Korean multinational corporations (MNCs), this paper analyzes the effects of control levels of headquarters (HQs) and host-country experiences of foreign subsidiaries regarding competency in overseas subsidiaries. In particular, this study focuses on nonlinear models, differentiating it from previous studies. In order to examine research hypotheses, this study conducted a survey of overseas subsidiaries of Korean corporations. Surveys were conducted through various methods including e-mail, online questionnaires, fax, and telephone calls. Copies of the questionnaire were distributed to a total of 2,246 overseas subsidiaries, and 409 completed responses were collected. Excluding 15 copies that were insufficiently answered, responses from a total of 394 copies were used for analysis. Findings - This study presents the following results. First, there is a U-shaped relationship between levels of HQ control and competency in foreign subsidiaries. This means that higher levels of HQ control negatively impact the competency levels of subsidiaries because strict control undermines autonomy in subsidiaries. However, if the level of HQ control exceeds a certain point, then the transfer of knowledge between HQs and subsidiaries is facilitated. Knowledge transferred from HQs can be used as prior knowledge by foreign subsidiaries to the benefit of all parties. Accordingly, knowledge transfer negates the negative effects of excessive HQ control and positively affects competency in subsidiaries. Second, there is an inverted U-shaped relationship between the local (host-country) experiences of subsidiaries and competency in foreign subsidiaries. This means that foreign subsidiaries can overcome the liabilities of foreignness and contribute to capability building by accumulating unique knowledge about their host countries. However, if local experiences accumulate excessively beyond a certain point, then the host country-specific experiences of foreign subsidiaries will offset the benefits discussed above. Excessive local experiences not only increase organizational inertia, but also create a problem of goal incongruence due to information asymmetry between HQs and subsidiaries. Therefore, excessive local experiences have negative effects on competency in foreign subsidiaries. Originality/value - This study suggests the following implications. First, unlike existing studies based mainly on linear models, this study presents important theoretical implications in its focus on nonlinear models and its analysis of the effects of HQ control and local experiences on competency in foreign subsidiaries from perspectives of organizational learning theory and agency theory. Second, in terms of practical implications, the results of this study suggest that optimally raising levels of HQ control and managing the local experiences of subsidiaries without increasing organizational inertia is important for enhancing competency in foreign subsidiaries.

• Korea Trade Review
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• v.41 no.4
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• pp.157-183
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• 2016

This study examines the effects of the acquirer's experience on cross-border mergers and acquisitions(CB M&A) performance. We posit that various types of experience on M&A, including heterogeneity of experience, strategic alliance experience, first CB M&A, domestic and CB M&A experience may have an influence on the performance of CB M&A. The hypotheses are tested with multiple regression on global M&As made by Korean firms over the period of more than fifteen years. The empirical results indicate that firms with domestic M&A experience and the ones with CB M&A experience improve firm performance. Specifically, CB M&A experience more strongly and positively affects CB M&A performance. It also reveals that M&A experience and first CB M&A positively affect CB M&A performance. However, heterogeneity of experience negatively affects CB M&A performance and it has found no significant relationship between strategic alliance and firm performance. In addition, data show that the better explanation is an overall U-shaped relationship than a linear one between CB M&A experience and Performance. Overall, this study contributes to the literature on CB M&A by examining the effect of various types of experience such as heterogeneity of experience and alliance experience and offering a different explanation based on experience, more specifically, addressing the negative relationship between heterogeneity of experience and M&A performance.

• Analyses & Alternatives
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• v.1 no.2
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• pp.31-43
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• 2017

The article is devoted to the theoretical and practical analysis of Chinese global leadership. The concept of leadership is applied as a methodology, which involves identifying the main factors, such as strategic power, the attractiveness of political institutions, the ability to provide acceptable ideas and the presence of allies that contribute to a comprehensive analysis of the country's leadership potential. The authors also describe the relevance of Chinese global leadership and analyze its domestic, economic and international causes. Moreover, the ''Belt and Road'' initiative is defined as the main mechanism for providing the influence of China on the global level which is now being changed its quantitative component, namely the increasing attention to the security aspects of this initiative. In addition to that, it is important to note that China maintains its economic and political positions in Africa, Central Asia and South-East Asia. Africa has a special role in the Chinese ''Belt and Road'' initiative as a recipient of Chinese investments and a site for the deployment of China's naval facilities to protect the trade routes. On the regional level, China will strive to become a leader of the trade and economic processes in the Asia-Pacific region, the South China Sea and the North Korea nuclear program issues. The American factor in modern international relations, namely so-called "Trump factor", which means the U.S. withdrawal from the Trans-Pacific Partnership and the Paris Agreement, will cause demand for Chinese leadership in the Asia-Pacific region and in the world as well. However, in this case a number of questions arise: is China prepared for this? Is Beijing able to bear greater responsibility? Does China have the potential for this? The article concludes that China will not become global leaders in the next 20-30 years, because of internal (political reforms) and foreign policy reasons (doctrinal formulation of foreign policy initiatives, military-political and economic power, international posture and relations with other states). The authors believe that the implementation of Chinese leadership is possible not on the condition of confrontation between China and the United States, but on the establishing of constructive relations between these countries. The last meeting between Trump and Xi Jinping showed a trend for creating channels for dialogue between Beijing and Washington, which can become the basis for interaction. An important place in the work is given to the analysis of development and forecasting the evolution of Russian-Chinese and U.S.-China relations. As for Russia, Moscow should conduct a policy that will not allow it to become a ''junior partner'' of China.

• Korea Trade Review
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• v.48 no.4
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• pp.23-45
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• 2023

This study aims to investigate the relationship between institutional distance and FDI and focuses on China's outward FDI. The institutional distance between China and the host country is measured using the institutional quality published by the World Bank. This study collects panel data from 50 countries in which China invested from 2008 to 2019 and use the panel GLS methodology to examine the factors affecting outward FDI through three models. First, this study examines the impact of the absolute value of institutional distance on China's OFDI across all countries in which China invests. Second, this study divides countries with positive and negative institutional distance to China into two groups and examine the relationship between institutional distance and OFDI in each group. Finally, this study examines the non-linear relationship between institutional distance and OFDI from China. To test this, this study adds the squared term of institutional distance to the model. The results of the analysis are as follows Institutional distance is positively related to China's OFDI. The relationship between institutional distance and OFDI is inverted U-shaped in the group of host countries with relatively higher institutional quality than China, but positive in the group of low-quality host countries. In addition, China's OFDI is affected by a combination of institutional and economic factors. The results of this study have implications not only for FDI host countries but also for MNCs' choice of FDI destinations.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.419-477
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• 2017

In Space contains valuable natural resources. These provide a compelling reason for entrepreneurs, investors, and governments to pursue space exploration and settlement. The Outer Space Treaty of 1967 explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. Article II of the Outer Space Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." The U.S. Commercial Space Launch Competitiveness Act of 2015 (CSLCA), however, makes significant advances in furthering U.S. commercial space industry, which explicitly allows U.S. citizens to engage in the commercial exploration and exploitation of 'space resources' including water and minerals. Thus, some scholars argue that the United States recognizing ownership of space resources is an act of sovereignty, and that the act violates the Outer Space Treaty. This paper suggests that it is necessary to guarantee the right to resources harvested in outer space. More specifically, a private ownership of extracted space resources needs to promote new space business and industry. As resources on Earth become increasingly difficult and expensive to mine, it is clear that our laws and policies must encourage private appropriation of space resources. CSLCA which addresses all aspects of space resource extraction will be one way to encourage space commercial activity.

• Korean Journal of Veterinary Service
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• v.40 no.2
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• pp.155-159
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• 2017

Korean goral (Neamorhedus caudatus) is registered as a natural monument number 217 by South Korea Cultural Heritage Administration. It is also recognized as the endangered species I by Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In this study, blood samples of Korean goral were collected to make reference intervals. Blood sampling was conducted on 19 numbers of Korean gorals (ten females, nine males), which were reared in Korean Goral Restoration Center. For total samples, the reference intervals of hematological parameters were: white blood cell $7.69{\sim}10.87K/{\mu}{\Lambda}$; hematocrit 36.73~46.18%; red blood cell $10.72{\sim}12.86K/{\mu}{\Lambda}$; hemoglobin 12.79~15.14 g/dL; mean corpuscular volume 33.15~36.75 fL; mean corpuscular hemoglobin 11.53~12.23 pg; mean corpuscular hemoglobin concentration 32.64-35.91 g/dL and red blood cell distribution width 39.2~43.46%. For total samples of each parameters, the following results were obtained for serum biochemistry: glucose 111.81~153.77 mg/dL; blood urea nitrogen 22.35~28.91 mg/dL; creatine 1.22~1.84 mg/dL; phosphate 4.57~6 mg/dL; calcium 8.7~9.1 mg/dL; total protein 6.53~6.92 g/dL; albumin 3.1~3.48 g/dL; globulin 3.26~3.62 g/dL; alanine aminotransferase 56.7~158.56 U/L; aspartate aminotransferase 230.35~473.06 U/L; alkaline phosphatase 178.06~332.47 U/L; gamma-glutamyl transpeptidase 131.6-~181.24 U/L; total bilirubin 1.47~2.12 mg/dL; cholesterol 46.48~71.52 mg/dL; amylase 16.3~26.03 U/L; sodium 150.43~153.88 mmol/L; potassium 3.98~4.6 mmol/L and chlorine 109.48~113.26 mmol/L. The ranges of values were similar campared to previous studies except in the case of RDW value, which showed higher range than the RDW value of a previous study. The reference intervals from this study will be useful data for treatment and management of gorals.