A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. Appropriate measures are those aimed at lessing the loss as far as reasonably possible. Such measures will typically be a resale of the goods by the seller or a cover purchase by the buyer. The measures the injured party is expected to take in order to mitigate the loss must be reasonable in the circumstances. Article 77 will be applied to the difference between the amount by which the loss should have been mitigated under Article 77. A reduction of damages is the only remedy available to the party in breach in cases covered by Article 77. If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller. Article 86(1) requires that the buyer manifest his intention at the moment of receipt of the goods. Article 86(2) envisages that the goods have been dispatched to the buyer and that they have been placed at his disposal at their destination. Article 87 allows him to deposit them in the warehouse of a third person. It is not necessary that the warehouse by public, or that it be a general warehouse for storage. A party who is bound to preserve the goods in accordance with articles 86 may sell them by any appropriate means taking possession of the goods or in taking them back or in paying the price or the cost of preservation. If the goods are subject to rapid deterioration or their preservation world involve unreasonable expense, a party who is bound to preserve the goods must take reasonable measures to sell them. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2 )which imposes the duty to take reasonable measures to sell the goods. According to Article 88(2), the party who wishes to sell must give notice to the other party of such intention, to the extent possible.

The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

This study primarily concerns the fundamental breach of contract by a seller and a buyer's two remedies that are entitled to under the CISG. Regarding the breach of contract, the CISG simply provides a list of each party's obligations and regulates that both parties should fulfill the obligations under the contract as well as the Convention. When the CISG specifies the remedies for both parties, it requires to divide the fundamental breach of contract from breach of contract. By doing so, it provides different remedies to both parties depending on whether it is the fundamental breach of contract or not. From the point of buyer's view, the buyer has two remedies when there is the fundamental breach of contract by the seller; they are the right to declare the avoidance of contract and to require the delivery of substitute goods. The fundamental breach of contract is a pre-requisite condition to be fulfilled in order to exercise these two remedies. Although the CISG provides the definition of fundamental breach of contract, its meaning is not clear enough, so it is interpreted and applied case by case. Therefore, this paper will analyze recent cases focusing on the most debated issues regarding the interpretation of fundamental breach of contract; first, who determines the substantial deprivation and when is the time for determination, second, when is the time for unpredictability of substantial deprivation, and last, who has a burden of proof.

The aim of this study is to examine the obligations of delivery of the goods focusing on the methods of delivery under the Incoterms 2010, comparing with CISG. The Incoterms 2010 provides various methods of delivery of the goods under the each rule(11 rules). And it is a little confusing for the parties of the contract of sales. This study reviewed specific methods of delivery of the goods with the view of practitioner. The purpose of Incoterms is to avoid misunderstanding of the contract of sales and to promote the international transactions. The uncertainties of the Incoterms 2010 shall cause disputes between the parties. Especially, when vehicles are used to pick up and deliver the goods, which party is responsible for the loading and unloading the goods. Under the D-term, which party is responsible for unloading the goods from the vehicle reached at the named place of destination is a little confusing. This study suggest some ideas on the specific methods of delivery to mitigate uncertainties and accept current practices at the field. Firstly, under the EXW rule, the seller must deliver the goods on the arriving means of transport at the seller's premises. Secondly, under the FCA rule, the seller must deliver the goods unloaded at the other place except seller's premises. Thirdly, under the CPT, CIP rules, the seller must deliver the goods unloaded irrespective of the mode of transport at the place of destination. Fourthly, the FOB, CFR, CIF rules must adapt the container transport practice.

This study examines the Buyer's Remedies in respect of Defects in Title under SGA. As SGA divides contractual terms into a condition and a warranty, its effects regarding a breach of a condition or a warranty are different. Where a stipulation in a contract of sale is a condition, its breach may give rise to a right to treat the contract as repudiated and to claim damages. Where there is a breach of a warranty in a contract of sale, the aggrieved party may have a right to claim damages. Regarding a breach of a condition under SGA s 12(1), although the buyer may have his right to terminate the contract, he may lose that right when he accept or is deemed to have accept the goods by intimating his acceptance to the seller, acting inconsistently with the ownership of the seller, or retaining the goods beyond a reasonable time without rejecting them. Furthermore, the buyer may claim the estimated loss directly and naturally resulting from seller's breach. SGA contains the principle of full compensation and so the suffered loss and the loss of profit are compensable. As to specific performance under SGA, the court has been empowered to make an order of specific performance to deliver the goods in conformity with the terms of the contract and so it is not a buyer's right. This order should be made only where the goods to be delivered are specific or ascertained goods and the court must think fit to grant the order. However, among these remedies, the buyer cannot have the right to terminate the contract where there is a breach of warranty by the seller under SGA s 12(2).

Generally, the liability for breach is defined as the civil liability that arises from the conduct of violation of a contract. There are two notable principles governing liability for breach that have fundamental impacts on the unified Contract Law of the People's Republic of China (hereinafter Chinese Contract Law) in the remedies. In China, during the drafting of the Contract Law, there was a great debate as to whether damages for breach of contract ought to follow the fault principle or to follow the strict liability principle. Ultimately the Chinese Contract Law follows the model of the CISG on this point, namely, it follows the strict liability principle (article 107) with an exemption cause of force majeure. Under Chinese Contract Law, it is interpreted as strict liability in principle. Strict Liability is a notion introduced into Chinese Contract Law from the Anglo-Saxon Law. The strict liability or no fault doctrine, on the contrary, allows a party to claim damages if the other party fails to fulfill his contractual obligations regardless of the fault of the failing party. Pursuant to the strict liability doctrine, if the performance of a contract is due, any non-performance will constitute a breach and the fault on the party in breach is irrelevant. This paper reviews problems of legal character or legal ground of contractual liability in Chinese contract law. Specifically, focusing on the interpretation of Chinese contract law sections and analysis of three cases related contractual liability in freight agency, the paper proposes some implications of structural features of Chinese contract law and international commercial transactions.

State's compensation obligation accompanied in case of indirect expropriation of foreign investor's investment asset has been established definite principle under international investment law. But the concrete and unified application criterion regarding valuation methods for measuring compensation have not been established yet. The World Bank investment guideline is adopting the Hull's Formula, which is understood as the full compensation standard with prompt adequate effective compensation and Fair Market Value method. It is a general principle that compensation should be equal to the fair market value of investment asset just before indirect expropriation date. However, there is a problem of the valuation method of fair market value of investment asset. In general, discounted cash flow, liquidation value, replacement value, book value, etc. can be the applicable standards. Arbitral tribunals determine compensation by adopting proper valuation method on a case-by-case basis according to the discretion based on the arbitration parties' experts' review on the presented opinion and by considering fact relevance of the issued dispute. This compensation includes also interest, recently it tends to award according to compound interest rather than simple interest. Beginning of the period to generate interest is the next day of the indirect expropriation occurrence date. And it should be considered that interest until the payment of compensation is also included. In addition, it should be considered that mental damages is available only when there's a basis to prove this or special case. Therefore, this study suggests to review of precedents related to indirect expropriation and concretely specify compensation valuation standard and method of indirect expropriation on investment agreements through enough consultation beforehand.

This thesis mainly studies the Commercial Mediation System in China and its Implications to Korea. Commercial mediation is an important dispute settlement method, however there are more studies on the issues of arbitration than the ones on mediation. Commercial mediation emerges From the tide of economic activity, needing an earnest research and to be developed. Business mediation law has been enacted in some nations like USA, but in Korea, there is no law in mediation field to follow. To set up business mediation law is necessary and urgent as well as feasible. This thesis first introduces the mediation of the general meaning including concept, makes a research concerning the sorts of the mediation, compares the effect of different kinds of mediation, and studies the current status of use of mediation in other countries. Than introduces current status of use of mediation in China, and examine mediation system in China. Through this studies, the writer no that there is almost equal problem in China comparing to Korea. So than examine how Chinese government make countermeasures to cover their problems, and give Korean government several implications that can learn from China.

This research is, first of all, a theoretical study concerning 'conflict.' Only then, we could obtain ways in which we manage and resolve various problems arising from conflicts in business between Korean and Chinese companies. In doing this, we also tried to grasp cultural characteristics, or factors, in Chinese ways of carrying out negotiations that lead to conflicts with us. On the basis of these preliminary considerations, we developed practical techniques of conflict management and types of negotiation strategy. We thereby could suggest broader strategic implications for better performance in international business. Concretely, this research investigates techniques of conflict management and types of negotiation strategy. For such techniques and types, we suggest, (1) Sharing technique or reconciliatory compromising negotiation and its compromise strategy, (2) collaborative technique or cooperative negotiation and its win-win strategy, (3) competitive technique or competitive negotiation and its profit-seeking attack strategy, (4) accommodative technique or receptive negotiation and its relation-maintaining yield strategy, (5) avoidant technique or evasive negotiation and its indifference-showing avoidance strategy. This research contributes to promote understanding on negotiation culture of chinese corporate. and we provide the guideline of the conflict management and the insight for the efficiency strategy of chinese business negotiation. But, empirical data and statistical examinations should be added to our present research for the future prospective ones.

Developing countries have faced serious difficulties in implementing customs procedures. For example, they have experienced heavy administrative constraints such as lack of qualified personnel and non-computerization. Some importers in developing countries have tried to undervalue or overvalue the imported goods and misclassify them with the target of lowering the incidence of customs duties. In order to address these problems many of developing countries often require the exporter to get a Clean Report of Findings(CRF) issued by a preshipment inspection entity. This study tries to reply to the following questions with which the exporters are faced in the process of issuance of CRF. First, what are the provisions and regulations that the exporters have to note in the event a CRF is issued by the inspection entity? Second, how do the exporters safeguard their own rights in case of price verification? Third, how to protect the confidential business information to be submitted by the exporters in order to get a CRF? Fourth, how can the exporters respond to the improper conducts that the inspection entities have done?

About trade show strategic practical use plan, sought practical use plan hereafter with problem in 5 side. First, need that supply reliable and objective information about exhibition utilizing active public relations of domestic trade show certification system and international certification system. Second, I need to reinforce budget support estimation to expand governmental budget support and strengthen professionalism of exhibition operation. Third, need to seek globalization strategy of exhibition industry concretely to overcome realistic limit of domestic exhibition industry. Institutional improvement for long-term public information of exhibition and participation company's satisfaction raising and infra for gallery's management result should be established. Fourth, need excavation of various first-hand field marketing that can dig various interaction method with customers and invite new customers by booth exhibition. Fifth, need professional worker positivity, deflation that fulfill knowledge that is adapted, and precedes in environment worldwide exhibition industry training actively universal exhibition industry professional worker. Foreign exhibition is an one of marketing tactics that is generalized that can approach to oversea market in less expense relatively. To measure exactly fact and participation result of exhibition that select suitable exhibition in one's own company's marketing goal in company's standpoint that participate in exhibition according as exhibition number is increased and function of exhibition is diversified became difficult.

This study has analyzed the efficiency of 10 leading global shipping companies listed in the New York Stock Exchange from2010 to 2014 in order to find the changes of the productivity of shipping industry. The paper observed the Malmquist Productivity Index by using Efficiency and Productivity Analysis System Version 1.0. The data used in this study is the Guggenheim Shipping ETF mainly including the companies of shipping, management, and shipbuilding areas. The results from this statistical analysis indicate that the 10 selected companies have experienced a severely negative growth in 2010. Nevertheless, these companies have accomplished a significant growth of productivity. In particular, the energy transport companies operating Tanker and LNG ships carried out remarkable growth. The reason why the productivity of liner shipping companies did not show the improvement of productivity for five years was attributed to the fact that the P3(Project 3) or M2(Maersk-MSC) including Maersk, MSC, and CMA-CGM were excluded in this research because of the difficulty of attaining reliable source data. The method of this study could be extended to Korean shipping corporations and other global airlines to investigate a changes of certain industries.

Export and import of food, agriculture, forestry, fishery products are suffering from low growth rate due to the European financial crisis, global recession, and Japan's 2012 export expansion following the aftermath of 2011 earthquake. Upon the signing and enactment of Free Trade Agreement with the U.S. and the EU, agriculture and fishery product have become the center of attention. Agriculture and fishery was reported to be 80million dollars, 1.46% of total national export, in 2012. Starting from2000, South Korea's government began its effort to expand agriculture and fishery export and as a result, export has steadily increased despite decreased consumption led by global recession. K-Sure has started an insurance program with the purpose of promoting SME business's export. It protects SME business against risk arising from credit, emergency, bad debt, and domestic price increase. This study aims to evaluate the service quality of K-Sure's insurance program via surveying SME businesses in the agriculture and fishery industry. Also this study will identify key service factors for SME businesses and explore ways to expand SME exports of agriculture and fishery by analyzing consumer satisfaction index. Results indicated service product quality factor, service communication quality factor, and social quality factor was key to improving consumer satisfaction for SME businesses in agriculture and fishery industry. Service product quality factor had a negative effect on consumer satisfaction in term of variety and results indicated that service communication quality factor's responsiveness element had minimal impact on consumer satisfaction. Conversely, all elements for social quality factor had positive effects on consumer satisfaction. Thus, leading to the conclusion that improvements in service product quality factor and service communication quality factor will indeed increase consumer satisfaction.