The contours of the definition of an indirect expropriation are not precisely drawn. In some recent ICSID decision, tribunals have interpreted the concept of indirect expropriation narrowly and have preferred to find a violation of the standard of fair and equitable treatment. Thus, I analyzed the three Requirements of Indirect Expropriation basis of ICSID Cases as below. First, the effect of measure upon the economic benefit value as well as upon the control over the investment will be the key question when it comes to deciding whether an indirect expropriation has taken place. Whenever this effect is substantial and lasts for a significant period of time, it will be assumed prima facie that a taking of the property has occurred. Second, legitimate play a key role in the interpretation of the fair and equitable treatment standard. But they also found entry into the law governing indirect expropriation. Finally, the duration of a government measure affecting the interests of a foreign investor is important for the assessment of whether an expropriation has occurred.

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.

The seller has to deliver goods and hand over documents as required by the contract. It is very important that ownership of goods shall be transferred by the documents from the seller to the buyer. Where terms of payments is made under documentary payment such as negotiable order Bill of lading or any transport documents for symbolic delivery of goods shall be more important between the parties concerned. The buyer may withdraw or cancel the contract where the buyer accept the foul Bill of Lading and demand damages where the buyer accept the other documents which are not in accordance with requirements by the buyer. Withdraw or cancel of contract can be made where discrepancy of documents comes into fundamental breach of contract. In conclusion transport documents by the seller will be used to determine appropriation of transport document to the contract. Therefore the seller has to deliver the proper shipping documents to the buyer. Where the breach of the seller's obligations to deliver documents the buyer has the right of requiring performance, contract avoided, claiming damage to recover the contract under CISG. The significance of transport documents has been focused in this study and careful examination of documents shall be needed to prevent any dispute or differences between the parties.

The Original Equipment Manufacturer(OEM) Export is one of the most frequent trading system in international transactions, especially for Korean export companies. Even with vast majority of benefits of OEM Export, it still has two sides: bright and dark. Frequently, uneven position between parties drives a party to endure transactional practices harsh and unconscionable. A Recent case in one Korean court shows another aspect of OEM transactions. For the provisional measure against unilateral termination of the contract, it contain essential legal issues that can arise in international OEM transactions, like international jurisdiction, interpretation of contracts, termination of contracts, etc. Deep analysis of several issues in the case, apart from the court's decision, is expected to give insight into the legal status of the parties for strategic operations of OEM practices.

This work intends to study the obligations and liabilities of advising bank in UCP 600. An advising bank has two big obligations as follows : by advising the credit or amendment, the advising bank signifies that it has satisfied itself as to the apparent authenticity of the credit or amendment and that the advice accurately reflects the terms and conditions of the credit or amendment received. An advising bank may utilize the services of another bank("second advising bank") to advise the credit and any amendment to the beneficiary. If a bank is requested to advise a credit or amendment but elects not to do so, it must so inform, without delay, the bank from which the credit, amendment or advice has been received. An advising bank has some problems in connection with the delay of advice and the advice of forged letter of credit.

Since the 1970s, international construction employers have commonly requested first demand guarantees upon their contractors as a form of security for due performance of their works. Contractors prefer the greater protection offered by more traditional forms of security requiring presentation of an arbitral award or other evidence of the caller's entitlement to compensation. Many contractors nonetheless feel that they have no alternative but to provide these unconditional guarantees in order to compete. However, these unconditional first demand guarantees are controversial and have given rise to numerous disputes both in arbitration and litigation. Disputes arising from first demand guarantees can be broken down into a) applications to prevent a perceived fraudulent or otherwise unfair or improper calling of a guarantee, b) claims arising from such abusive calls and c) claims relating to the consequences of such calls even if the call itself may not be abusive as such. The contractors should carefully assess the risk of an abusive call being made bearing in mind the difficulties he may face in seeking to prevent such a call. He should also bear in mind the difficulties, delays and cost he is likely to encounter in seeking to recover any monies wrongfully called. One option would be to provide that the call can only be made once and to the extent that the employer's damages have been assessed or even incurred or even for the default to have been established by an arbitral tribunal or court. Another option would be to provide that any call be accompanied by a decision of a competent and impartial third party stating that the contractor is in breach. For example, such a requirement could be incorporated into a construction contract based on the FIDIC Conditions by submitting this decision to a Dispute Adjudication Board. Another option would be to provide for the "ICC Counter-Guarantee Scheme". In sum, there would appear to be room for compromise between the employer and the contractor in respect of first demand guarantees by conditioning the entitlement to call such guarantees to the determination of a competent and impartial third party.

A counter-guarantee is an independent undertaking and it functions in the same way as an ordinary independent guarantee. However, the typical notion of independence which applies to the relationship between the guarantee and the underlying contract cannot be exactly transposed to the relationship between the counter-guarantee and the primary guarantee, because the primary guarantor bears its duties that derive from the mandate. In this respect, this study reviews, with some critics, a Korean appellate court's decision and argues that, in spite of the principle of independence between the counter-guarantee and the primary guarantee, the primary guarantor may not be entitled to reimbursement from the counter-guarantor, if it is objectively evident that the primary guarantor has failed to perform its duty of verifying compliance under the primary guarantor or if it is objectively evident that the primary guarantor knows that it is objectively evident that there was fraudulent calling by the beneficiary under the primary guarantee.

This study aims to derive practical suggestions to apply application methods by auxiliary costs, especially application of logistics and customs clearance areas in order to establish EPS support system of auxiliary cost occurred from export/import. For the propose, this study has analyzed types and situation of auxiliary costs, application method by auxiliary costs, payment situation of logistics auxiliary costs and clearance auxiliary costs and suggested the relevant problems and their application methods. Especially, in case of logistics auxiliary costs through connection to the attached general documents required for negotiation by reflecting characteristics of B2B transactions. In addition, it has suggested that those services by the said system should be conveniently used commonly by the export companies and logistics companies through provision of various payment measures, support of foreign currency payment, etc. and security of reliability/system stability, etc. for the compatible payment with other systems as the prerequisite for the successful settlement of the auxiliary costs EPS. It is expected that satisfaction of the uTradeHub users such as export/import companies and logistics companies will be increased, user-oriented customized information services such as raw cost prediction service through calculation of auxiliary costs could be available in the future and efficiency of work processes related to auxiliary costs will be increased, by providing the EPS through various single window based payment measures through establishment of the export/import auxiliary costs payment system.

The purpose of this paper is to analysis the legal aspects of e-commerce, particularly those relate to electronic contract, in China On 23 November 2005, the United Nations General Assembly adopted a Convention on the Use of Electronic Communications in International Contracts, known popularly as the Electronic Communications Convention. China signed it but the convention is not binding yet as it still requires the ratification by three states. On the other hand, China adopted a new act legalizing the electronic signature in 2004. This new act provides electronic signatures with the same legal status as handwritten signatures. But the efficiencies that business hopes to achieve through electronic commerce are not completely reflected in the legal processes necessary to support those hopes.

The purpose of this study would like to investigate the critical success factors of the e-procurement which means on-line purchase of goods and services for organizations. This action represents one of the largest expense items in a firm's cost structure. In order to draw CSFs of e-procurement system, we have surveyed questionnaire to the related firms. The basic variables used in this survey are taken from many precedent researches in relation to the e-procurement. On the other hand, the research data is collected from companies which had used the MRO e-marketplace. Through factor analysis of those data, four-factor resulted as follows: (1) factor one suggests the rationalization of the firm's management of its suppliers; (2) factor two calls for redesigning affected business processes and influencing end-user/employee procurement-related behaviors; (3) factor three refers to carefully orchestrating an e-procurement technology planning process with one's suppliers and using intelligence in designing the software and mining the data it produces; and (4) factor four relates to selecting an e-procurement solution and/or simultaneously participating in a number of electronic environments supporting e-procurement. In conclusion, these four factors are regarded as critical success factors for the application of e-procurement system and then suppliers should take care the effective planning of e-procurement structure.

The global trading system is vulnerable to terrorist exploitation while the international trade is an essential element for the economic development. Customs has a unique role in the international trade to provide increased security while ensuring facilitation of the legitimate flow of goods and the role of Customs has become more and more indispensable these days. In response to this trend, the World Customs Organization(WCO), the organization of more than 170 Customs administrations all over the world, adopted an international framework("SAFE Framework") in 2005, which includes the Authorized Economic Operator(AEO) concept, whereby a party involved in the international movement of goods would be approved by Customs as complying with the supply chain security standards, and given benefits, such as simplified Customs procedure and less Customs intervention. In this stream, the Japanese government has developed and promoted AEO Program in close cooperation with the business sector, aiming at ensuring security while facilitating legitimate trade. For that purpose, Japan Customs, as a main entity in the field of international trade, has developed comprehensive AEO program with combination of programs for importers, exporters, warehouse operators, Customs brokers and logistics operators, such as forwarders and carriers, which are consistent with the "SAFE Framework" developed by the WCO. The purpose of this paper aims to analyse the introduction plans of AEO program for the trade security and trade facilitation with Japanese AEO system.

International trade environment is rapidly changing. Developing all economic activities included in the value chain of economy out of a particular country or region in the trends where globalization is spreading all over the world, 'a borderless world' has been created and become common throughout the world. Especially, in case of East Asian region, becoming the factory of the world, China has become a center of the world's economic activities in recent years; and the increase of regional investment among East Asian countries and trade expansion focused on China has been the factor of promoting the formulation of a regional trade network. SCM is an efficient way of adaptation to the complexity or uncertainty on the scene through the achievement of a sustainable competitive advantage by integrating the activities of improving the relationships in the supply chain. In this study, Sumitronics, a Japanese company, was studied as a case of the company who had implemented SCM effectively and efficiently utilizing the East Asian trade network. Not being engaged in the manufacturing processes in the headquarter, Sumitronics has implemented SCM which is capable of maximizing the responsiveness upon the requirements of customers by effective information sharing. In particular, the profits of the company have been maximized through SCM by its headquarter in Japan, which is capable of managing each base in East Asia as China and Southeast Asia, etc. Korean companies may also be able to create a new source of profit by dint of establishing SCM as such. The results of this case study has revealed that the implementation of an effective business model is the key of the successful implementation of SCM.

The purpose of this study is to make clean the scope of insurer`s liability through theoretical interpretation and to understand some problems of various excluded risks in law and clauses relating to marine cargo insurance. This study suggest the problems related with the interpretation of the excluded risks in law and clauses. Through continued study on the excluded risks in law and clauses, we should make a system which will satisfy the assured in making the insurance contract.

On payment of the insurance money the insurer is entitled to be subrogated to all right and remedies of the assured in respect of the interest insured in so far as he has indemnified the insured. The purpose of subrogation is to prevent the assured from recovering more than once for the same loss, e.g. where goods are lost owing to a collision, the assured cannot claim the insurance money from the insurer and then sue the owners of the ship that negligently caused the collision. Under the doctrine of subrogation the right to sue owners of the negligent ship passes from the assured to the insurer on payment of the insurance money. The insurer is subrogated to the assured 'rights against the carrier under the contract of carriage. To defeat the cargo underwriters' subrogation righters, the carriers inserted in their B/L a clause allowing the carriers to have the "benefit of the shipper's insurance. But, in the Hague Rules, Hamburg Rules, Rotterdam Rules, its makes void any clause that assigns a benefit of insurance of the goods in favour of the carrier. In practice the insurer asks the assured to sign a letter of subrogation and retains the documents in order to prosecute the rights subrogated to him.

The Ministry of Agriculture, Forestry and Fisheries(MAFF) of Japan established the aim which exports the agriculture, forestry and Fisheries products amounting to a trillion Yen until 2013 in 2004, endeavoring to realize the aim in strengthening both overseas publicity activities and domestic product system. Such changes means that the Japanese agriculture is exchanging defence into attack and gives a important meaning to our agricultures which have a similar agriculture base as Japan. The countermeasures for agricultural products export promotion by MAFF is greeting a 5th year now and obtains a considerable result in agricultural products exports and the export item. Meantime, There are also opinions that the Japanese agriculture has to make efforts to cut the product cost by a large margin in order to prepares a competitive power. we have to consider the counter-measure which will be able to accommodate harmoniously both of two facts that first, Japanese Export Promotion Strategy for agricultural products is giving a hope in the Japanese rural society which have been considered that remaking will be impossible until now, and secondly, the agricultural reform which the cutting of cost and price of agricultural products will be possible in has to be promoted.

The Korea Foreign Trade Act(KFTA) was revised the penal provisions of the breach of the Country of Origin Labeling(COOL) recently. The ceiling of penalties became to 5 years for imprisonment, one hundred or three hundred million won for fine. The level of penalties are adjudged quite fair but the amount of penalty should be increased according to the profits from the breach or the nature of crime in some cases. The problems of the penalties are differences between KFTA and other related laws. There are related several laws on the breach of the COOL such as KFTA, Unfair Trade related Law, Customs Law, Consumer Protection Law, Law of COOL on Agricultural and Marine products etc. The penal provisions of the breach of the COOL has more heavier level than other the breach because of the criminal qualities. The problems are the penalty differences between the KFTA and the Unfair Trade Law under the Ministry of Knowledge Economy. The KFTA's penal provisions need to equate with Unfair Trade Law as long as same breaches on the COOL. The government can also consider some policies to rigid enforcement of breaches on the COOL. There are the Country of Origin Tracking system, the RoO Paparazzi System, Make public the names of habitual RoO Violators, Correction Order of breach of the COOL etc.

Our country's sustainable trade growth fundamentally depends on the supply of excellent labors called global trade expert. He or she is required several knowledge and skills not only trade, marketing, information technology, foreign languages but also global mind. Universities have to supply excellent global trade expert to companies according to needs and wants. The object of this paper is to propose some ideas for training of global trade expert of Korea university under global trade environment. First, global companies prefer labors who have not only some skills about specialty and communication skill but also personality on passion, creativity, leadership and so on. Second, The university's curriculum needs to improved in terms of "convergence" and "specialty". In nature, trade major treats lots of subjects such as trade, business adminstration, economics, international law, international commerce, logistics, marketing, etc to catch up changing global business circumstances and companies' needs. Therefore convergence of adjacent field is very important in study and training. Finally, Universities need to use field-specialist to supplement of trade working experience as instructors and practitioners. The concept of convergence and specialty is not separated but harmonious each other.