• Korea Trade Review
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• v.47 no.5
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• pp.273-288
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• 2022

This study first classifies and organizes provisions on institutional arrangements (or IAs) and dispute settlement mechanism(or DSM) in a digital trade agreement. Then it conducts a case study on seven major digital trade agreements: the CPTPP, the USJDTA, the USMCA, the ASDEA, the RCEP, the KSDPA, and the DEPA. And it finally derives implications for Korea to improve implementation of DTAs by communicating better and resolving disputes efficiently with the help of IAs and DSM-related provisions. IAs of a digital trade agreement can be defined as a set of agreements on the division of the respective responsibilities of agencies involved in implementing and enforcing the agreement, including committees, working groups, or contact points. DSM of a digital trade agreement includes consultation, mediation, arbitration, and establishment of a panel. Comparing six FTAs with an e-commerce chapter, the CPTPP, the USMCA, and the RCEP contain the most advanced type of IA provisions while the CPTPP, the USMCA, the RCEP, and the KSDPA have that of DSM provisions. Korea is its initial stage as it has only signed the KSDPA with Singapore as well as it is about to launch a new digital trade negotiation for the DEPA, the CPTPP, and even the IPEF, it is necessary to engage in negotiations with a clearer position on behalf of Korean digital companies. As provisions on IAs and DSM are important policy tools that can reflect industry concerns and convey proposals in inter-governmental dialogue, a Korean draft of the IAs and DSM-related provision should be prepared in advance.

• Journal of Arbitration Studies
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• v.29 no.1
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• pp.3-29
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• 2019

A franchise business is a business in which the owners, or "franchisors," sell the rights to their business logo, name, and model to third party retail outlets, owned by independent, third party operators, called "franchisees." There are a number of features in franchising or terms in franchise agreements that may lead to disputes between franchisors and franchisees. These disputes may arise because of underlying risks in the franchise relationship, franchise agreement, or conduct of the parties. In this case, ADR is an effective way to resolve disputes in a quicker and often less costly way than having to go to court. If an agreement cannot be reached through mediation, then arbitration becomes the next step to resolving the differences. Whereas mediation is non-binding and focused on facilitating the parties to find a resolution that is acceptable to both, arbitration is binding and may result in a decision that is not acceptable to one of the parties. These situations can be resolved through experienced arbitration as arbitration allows franchisees to settle matters promptly and outside of the public eye. In addition, franchise dispute arbitration is usually less costly than going to traditional court. Considering all of these, reaching an agreement will also have typical clauses that address the issue of dispute resolution. It is again a more efficient process than going through the legal process and courts and is often less costly. By going through arbitration, the parties agree to give up their rights to pursue the dispute in the courts. However, there is a problem that the arbitration prior to the agreement and under the terms would be contrary to the restriction of jurisdiction under the "ACT ON THE REGULATION OF TERMS AND CONDITIONS" in Korea.

• International Commerce and Information Review
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• v.19 no.3
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• pp.25-44
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• 2017

In 2017, the EU-Japan FTA talks were resumed ahead of the G20 summit in Brussels, Belgium, and agreed to abolish tariffs on 95% of all trade items. These figures are highly liberalized agreements that are equivalent to the Pacific Rim Economic Partnership Agreement (TPP). Particularly, Japanese automobiles were aggressively negotiating the abolition of tariffs with 7-year grace period and the gradual elimination of European cheese in 15 years. If the agreement is concluded, the tariffs of 1 billion euros (about 1.3 trillion won) will disappear, and Korea, which has similar industrial structure with Japan, will be hit by the processed food, chemical products, medical equipment, dairy products and automobile industries. do. The purpose of this study is to examine the mutual recognition agreement (MRA) that can directly affect the Korean companies in the content of the Japan-EU FTA and to suggest the implications for the Korean export companies.

• Environmental and Resource Economics Review
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• v.15 no.1
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• pp.95-133
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• 2006

This research first reviewed and analysed the current domestic situation of the voluntary agreement implementation and then it developed the policy implementation scenarios which will be applied to the model, KORTEM_ V.2. The model, consisted with 83 industries and commodities, examined the economic and environmental impacts of this policy instrument. Depending on the efforts of participating sectors and agents for fuel substitution and energy efficiency improvement, it has been evaluated that the voluntary agreement could be the "no-regret" policy. In other words, if the participating sectors and agents can achieve the voluntary energy conservation and emission reduction target without the negative impact on output level, the reduction of national emission will be achieved by creating the economic benefit, simultaneously. Therefore, for the successful implementation of voluntary agreement, this study emphasized the importance of expansion and strengthening of the current financial and institutional support for participating sectors and agents.

• Journal of the Korean Institute of Landscape Architecture
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• v.44 no.6
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• pp.1-12
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• 2016

There is growing concern about landscape agreement with regard to a variety of activities within resident-based agreements in Korea. This study aims to investigate the communication method of the agreement contacting process and its essential role as a bottom-up resident-based process. The study site is Gobuk Market in Suwon city, where a resident-based landscape agreement was successfully made. In this study, the author implemented in-depth interviews and a literature review to understand the meaning of the agreement contracting process and participants' opinions regarding the Gobuk Market case. During the landscape contracting process, the level of participation of residents, experts and the government changed. The study found that diverse communication methods, such as training, agreement information sessions and seminars were conducted during the process of the resident-based landscape agreement and it is crucial to construct healthy relationship among stakeholders. Furthermore, the experts' role is crucial in establishing agreement among residents initially. However, as local empowerment and the willingness of local people grow, each stakeholder's role is changed by stage. Therefore the Central and Local Government have the necessary task of providing institutional strategy. This study has offered practical information on how each stakeholder played their individual role within the landscape agreement.

• International Commerce and Information Review
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• v.9 no.2
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• pp.307-325
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• 2007

Examining the standards of review adopted by the dispute settlement body of the WTO in its decision on safeguard measures, the Appellate Body offers no coherent guidance or theory as to the legitimation of the safeguard measures adopted by the domestic authorities. It faults the lack of reasoned and adequate explanation in the national authorities' decision to impose safeguard measures, yet its own explanation of the permissible role for safeguard measure could hardly be less instructive. The Appellate Body has consistently emphasized fidelity to text in its decision but that approach can not work properly when the text is fundamentally deficient from the viewpoints that neither Article XIX nor the safeguard Agreement establish a coherent foundation for safeguard measures due to their vague and abstract provision. Without any coherent theory on guidance as to the legitimation of the safeguard measures, it would be absurd to expect WTO members to produce a reasoned and adequate explanation as to how their safeguard measures are in compliance with the WTO roles. In the absence of a thorough renegotiation for the proper operation of the WTO safeguard system, which seems quite unlikely for the foreseeable future, perhaps the unique method out of the current predicament is for the Appellate Body to lead a movement in establishing a sensible common law of safeguards, drawing on extra-textual guidance including the standards of review about their proper role in the WTO safeguard mechanism.

• International Commerce and Information Review
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• v.14 no.1
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• pp.221-246
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• 2012

The purpose of this study aims to analyse the case on the violation of the Agreement on WTO-TRIMs in the China with auto parts case. The Agreement on Trade Related Investment Measures(TRIMs) are rules that apply to the domestic regulations, a country applies to foreign investors, often as part of an industrial policy. The agreement was agreed upon by all members of the WTO. The TRIMs Agreement bans any laws, policies or administrative regulations favouring domestic products. This includes government incentives to encourage corporations to use domestically made products as a way of creating or protecting local jobs. The Agreement on TRIMs is only one such restriction within the broader WTO regime. Policies such as local content requirements and trade balancing rules that have traditionally been used to both promote the interests of domestic industries and combat restrictive business practices are now banned. In many ways the Agreement on WTO-TRIMs is less significant than the WTO agreements on services, etc. The TRIMs Agreement does not involve any new rules or disciplines, referring only to the existing provisions under the GATT. However, by enforcing GATT provisions on 'national treatment', this short and simple agreement has had farreaching effects on auto parts, etc. Meanwhile, China has been members of the WTO late 2001, once the measures imposed high-rate tariff for import parts was intended to regulate importer of auto parts in order to avoid the high-rate tariff.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.93-127
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• 2004

A contract is made when both parties have reached agreement, or they are deemed to have. After contract the law recognizes rights and obligations arising from the agreement. In order to discover whether agreement was reached between these two parties, we have to analyse the process of negotiation. Recently The People's Republic of China legislated a New Contract Law, which has come into effect since 1st of October 1999. This Law adapts the rules of United Nations(Vienna) Convention on Contracts for the International Sale of Goods and the Unidroit Principles for International Commercial Contracts. And this law is now widely enforced to commercial transactions between individuals, enterprises or other economic organizations of the People's Republic of China and foreign enterprises. Therefore, the foreigner who wish to make a sales contract with Chinese should understand the rules of New Contract Law of China. According to this New Law only a contract which contain offer and acceptance is valid and binding, and it is also pointed out that terms of contact must be certain. Though an oral contract is usually equivalent to a written one, in a case of commercial transactions written contract with signature is desirable. The purpose of this paper is to analyze the new rules of this Law and the new features of their application to commercial transactions in China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.257-279
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• 2013

Nine FTA like Korea-Chile FTA, Korea-Singapore FTA, Korea-EFTA FTA, Korea-ASEAN FTA, Korea-India CEPA, Korea-EU FTA, Korea-U.S.A. FTA, Korea-Peru FTA and Korea-Turkey have been concluded and implemented in 46 countries as of May, 2013. In addition to these nine FTA, Korea has been negotiating FTA or CEPA(Comprehensive Economic Partnership Agreement) with China and Vietnam and Indonesia. Now Korean government is about to conclude FTA agreement with Indonesia which is one of crucial trading partners in Asian countries so the objective of this paper is to suggest how to design ROO schemes properly in such upcoming FTA agreement since more activation of trade and more utilization of FTA can be depend on the details of ROO schemes. As a result, this paper suggests well-design of ROO schemes as follows ; First, self-issuance origin proof system can be considered because authority-issuance origin proof system may reduce the utilization ratio of FTA. Second, combination of indirect and direct verification system in terms of origin verification system will be more preferable because this will be more fitting to Asian countries as considering trading environments and characteristics of Asian market. Third, criteria to determine origin can be based on wholly obtained plus substantial transformation system which contains CTC plus VC along with some percentage of de minimis. In addition to this, the number of products stipulated in PSR should be minimized and applied similar manner to avoid complexity of deciding origin.

• International Commerce and Information Review
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• v.10 no.1
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• pp.155-174
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• 2008

This study wished to inspect about certificate of origin issuance authorities subject in certificate of origin issuance mode by spread of FTA, and investigate about improvement plan of current certificate of origin issuance authorities choice for smoothness trade business our country in FTA age to be expanded gradually. Fundamental purpose and meaning of FTA strengthen industry competitive power of two countries because expand trade and investment between the agreement conclusion country, and is expected to esteem agreement target department's estimation at FTA certificate of origin issuance subject choice because is meaning that strengthen trade competitive power, and raise trade company's convenience. Therefore, our country FTA representative authorities is recognized authoritativeness and stability from trade company and trade connection authorities, and is suitable in legal application or institution that can propel with consistency about policy propelled hereafter has to be chosen, FTA agreement country is representative authorities that recognize, and to issue from customs services which is a government agency which can progress business is place of origin issuance business and the place of origin examination, is expected to become more and more effective.