• 제목/요약/키워드: Agreement of Review

검색결과 587건 처리시간 0.022초

국제계약에 있어서 의향서의 사용과 관련한 문제점 (Some Problems relating to Use of Letters of Intent in International Contracts)

  • 최명국
    • 무역상무연구
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    • 제51권
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    • pp.55-78
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    • 2011
  • This paper has derived some problems relating to the use of letters of intent which are common occurrence in the international contracts after considering its nature and legal issues. As reviewed before, some problems may occur when a party has documented a stage in the negotiations by letters of intent. Such documents may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the documents are silent, some problems would arise. Contracting parties are therefore well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, for example, by diminishing the value of performance under the contemplated contract.

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건설중재에 있어서 선택적중재합의의 유효성에 관한 연구 (A Study on the Validity of the Selective Arbitration Clause on Construction Arbitration)

  • 서정일
    • 무역상무연구
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    • 제25권
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    • pp.165-187
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    • 2005
  • Arbitration is a creature of contract. The parties agree that selective dispute resolution clause provides them with a choice to litigate or arbitrate certain disputes. Under the agreements, the parties had the option in the action. In the event any dispute arises between the parties concerning our representation or payment of our fees and disbursements which cannot be promptly resolved to our mutual satisfaction, you agree that dispute will be submitted to arbitration. Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. The selective arbitration agreement has become an accepted method of dispute resolution. However, the trend of dispute settlement has changed. The selective arbitrations clauses are to be construed as broadly as possible, and arbitration will be compelled unless it may be said with positive assurance that arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

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국제상사조정제도에 관한 UNCITRAL 모델법 개정 동향 (The Revision Trend of UNCITRAL Model Law on International Commercial Mediation)

  • 오현석;김성룡
    • 무역학회지
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    • 제45권1호
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    • pp.31-45
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    • 2020
  • As FTAs are introduced, greater trade between the countries results in more disputes between parties to the agreement. Disputes in international trade have previously been settled mainly through international arbitration. However, with the recent rise in negative aspects of the arbitration system, the international community has begun to seek ways to utilize mediation for replacing the arbitration system. Mediation is a dispute settlement system that helps the parties settle their disputes on their own through negotiations. The UNCITRAL, which seeks to unify and develop international trade law, amended the Model Mediation Law in 2018 and adopted the 'United Nations Convention on International Settlement Agreements Resulting from Mediation' in August 2019 to enable the adoption of the international settlement agreement. This study analyzes the main contents of the 2018 Model Mediation Law and predicts the potential for the development of international commercial mediation as a dispute settlement procedure for future international trade.

한.중 FTA체결이 광주.전남지역에 미치는 영향에 관한 소고 (The economic effects of a Korea.China FTA on Gwangju-Jeonnam Region - Mainly Agricultural and Marine Products -)

  • 정철기
    • 통상정보연구
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    • 제10권4호
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    • pp.353-372
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    • 2008
  • The economic development system of Korea is based on export-oriented strategy and the free trade agreement. So Korea is trying to conclude the free trade agreement with China, Japan, and EU. The reason is that Korea will have more chances to develop there economy scale and trade surplus, but it will give the worst economic situation. The research showed that the effects of FTA on Korea's GDP will be much greater than China's and Korea's trade surplus with China will expand in the manufacturing sector, but agricultural and marine products are layed in opposite situation. Especially comparing with other Provincial, Gwangju Jeonnam has a relative importance portion of agricultural and marine products. So, Gwangju Jeonnam have to prepare the effects of agricultural and marine products under the Korea China FTA.

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SLA 기법을 활용한 컴퓨터 유지보수 시스템 설계에 관한 연구 (Study on design of computer maintenance & repair system using SLA technique)

  • 김성선;최용식;신승호
    • 한국컴퓨터정보학회지
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    • 제12권1호
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    • pp.21-27
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    • 2004
  • 본 연구는 기업이나 공공단체, 학교 등 대량의 PC를 보유하고 있는 곳에서 PC의 고장에 대한 효율적이고, 체계적인 유지보수 기능을 갖는 시스템의 개발과 운영을 설계하였다. 네트워크 유지보수 계약에 활발히 사용되고 있는 서비스 수준 협약(Service Level Agree : SLA) 기법을 활용하여 서비스 제공자의 서비스 제공 수준에 대한 투명한 측정과 관리를 할 수 있게 설계하였으며, 서비스 요구 점수, 유지보수 활동, 사용자 만족도, 확인 과정에 이르기까지 서비스의 전체 과정이 하나의 시스템에서 이루어지도록 One Stop Service가 가능하도록 시스템을 설계하였다.

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The Trade-Agreement Embarrassment

  • Ethier, Wilfred J.
    • East Asian Economic Review
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    • 제17권3호
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    • pp.243-260
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    • 2013
  • The dominant academic literature about trade agreements maintains that they are only about national terms-of-trade manipulation and not at all about purely political concerns. Non-academic economists, commentators, and diplomats by contrast think that trade agreements are all about political concerns. There are two substantive and important distinctions between the two views. i Practitioners maintain that policymakers care virtually not at all about the terms of trade or about trade-tax revenue. ii Practitioners, unlike academics, maintain that trade-agreement negotiations themselves change the underlying political economy. Observation of actual trade policy measures, though not conclusive, suggests that the practitioners are right and that the academics are wrong.

Rise of Geopolitics and Changing Korea and Japan Trade Politics

  • Choi, Byung-il;Oh, Jennifer S.
    • East Asian Economic Review
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    • 제26권1호
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    • pp.27-48
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    • 2022
  • In the past decade, Korea and Japan have increasingly exhibited different strategic priorities in trade in face of China's rising global economic prowess and worsening US-China trade conflict. Japan's trade policy decisions have worked to reinforce its economic and security ties with the US as a means to counter China. Japan has used both bilateral and multilateral means to secure its ties with the US against China. In contrast, Korea's trade policy positions have been one of 'strategic ambiguity'. Korea has been more conciliatory towards China, reluctant to take actions that would counter China's interest. Korea has mainly resorted to bilateral channels to maintain favorable relations with both China and the US. Korea's reluctance to clearly ally with the US against China has been observed across different administrations with opposing political orientations. This paper examines Korea and Japan's diverging strategic priorities in trade through the 2017 World Trade Organization Ministerial Conference; the 2017 US imposition of Section 232 on steel; the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Korea-US FTA renegotiation and the Korea-China FTA Phase Two Negotiation; and the 2019 Japan-US Trade Agreement.

비선호시설 입지갈등에 대한 인과지도 작성과 정책 대안 (Causal Loop Diagramming of Location Conflict on LULU(Locally Unwanted Land Use) Facilities and Policy Alternatives)

  • 이중훈;권혁일;김연식;이만형
    • 한국시스템다이내믹스연구
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    • 제8권1호
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    • pp.151-171
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    • 2007
  • Without exception, diverse LULU(Locally Unwanted Land Use) facilities have been under the location conflict, especially between the public government units and local residents. In spite of repeated trials-and-errors, literally, the location conflict has shown no sign of improvement over time in Korea. As practical means to tackle these issues, this study focuses on divulging explicit and implicit relationships among key factors derived from the location conflict on the LULU facilities. Here, major research variables cover residents' agreement, residents' perception, compensation expectation, and public opinion. As the location conflict on the LULU facilities could be strengthened or resolved by the dynamic feedback system, it applies basic tools geared toward causal loop diagramming. After repeated experiments, the study highlights the fact that the residents' perception, compensation expectation, and public opinion, individually and collectively, exert significant impact on the residents' agreement ratio.

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산업별 경쟁관계 분석을 통한 한국.일본 자유무역협정 상품무역 분야 협상전략에 관한 연구 (A Study on the Negotiation Strategies in the Free Trade Agreement between Korea and Japan)

  • 박도준
    • 통상정보연구
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    • 제10권1호
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    • pp.295-314
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    • 2008
  • I compared trade structure and competitiveness by sector using industrial classification in UN Comtrade data and SITC. Based on the comparison, I calculated market share, export competitions, RCA, and TSI. and then selected sensitive industries based on competitiveness, and identified the ZOPA and our BATNA. These calculations confirmed the industries damaged by FTA and those benefiting from the FTA between Korea and Japan, the study them developed strategies for VIA negotiation. It is to minimize damages to Korean economy and to maximize benefits from the agreement. The negotiation plan allowed an adjustment period for industries, for which damages are expected, by setting a long grace period before implementing tariffs. Based on the negotiation plan made through economic analysis, I intend. contribute to more efficient promotion of negotiation by extracting the optimal FFA negotiation plan for each manufacturing industry.

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한.미 무역구제제도 및 KORUS-FTA 제10장에 대한 평가 및 유의점에 관한 고찰 (A Study on the Valuation for Trade Remedies System and KORUS-FTA Chapter 10 between the KOREA and U.S.)

  • 오현석
    • 무역상무연구
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    • 제41권
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    • pp.237-266
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    • 2009
  • KORUS-FTA are consist of articles 8. In order to the subjects are, application of a safeguard measures, conditions and limitations, provisional measures, compensation, global safeguard actions, definitions, antidumping and countervailing duties, committee on trade remedies. In especially, regarding application of a safeguard measures under KORUS-FTA, if as a result of the reduction or elimination of a customs duty under this agreement, an originating good of the other party is being imported into the territory of a party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other party constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the party may: suspend the further reduction of any rate of customs duty on the good provided for under this agreement; increase the rate of customs duty on the good to a level not to exceed the lesser of: the most-favored-nation (MFN) applied rate of duty on the good in effect at the time the action is taken; and the MFN applied rate of duty on the good in effect on the day immediately preceding the date this Agreement enters into force; or in the case of a customs duty applied to a good on a seasonal basis, increase the rate of duty to a level that, for each season, does not exceed the lesser of: the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date of application of the safeguard measure; and the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date this agreement enters into force.

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