• Journal of Korea Trade
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• v.26 no.5
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• pp.88-105
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• 2022

Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

• Proceedings of the KIEE Conference
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• 2005.07a
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• pp.653-657
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• 2005

The commercial contract was made firstly in the world for one set of high temperature superconducting(HTS) cable system between buyer, Korea Electric Power Research Institute and seller, Sumitomo Electric Industries, Ltd. in August 2004. After fabrication, test and examination, the HTS cable system will be installed at the KEPRI's test field in Gochang, Jeonbuk province from the time of July 2005. KEPRI is preparing measurement and test facilities for field test of the HTS cable system and carrying out researches into the design and construction of superconducting cable test building, evaluation of cooling performance, measurement of AC loss, analysis of the quench phenomena due to excess current and means of linking the HTS cable system to the existing electric power supplying system. The constitution of, the method to install and the plan of test operation of the HTS cable system will be presented in this paper.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.3-31
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• 2010

The passing of property in goods affects contractual rights and duties. It is the point on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss of casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. But Incoterms do not deal with how the goods should reach the agreed point of delivery. While Incoterms specifically deal with questions of division of risk of loss of or damage to the goods between seller and buyer, they do not deal with property or transfer of title of the goods. Indeed, it was not even possible to agree on uniform rules on these questions in the CISG. Therefore, the parties to a contract of sale should provide for these matters themselves in the contract of sale and closely observe what the applicable law requires for the transfer of ownership to the goods and other property rights.

• IE interfaces
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• v.19 no.3
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• pp.225-235
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• 2006

In this paper, we propose an intelligent e-commerce meta-search engine which integrates distributed e-commerce sites and provides a unified search to the sites. The meta-search engine performs the following functions: (1) the user is able to create a category-based user query, (2) by using the WordNet, the query is semantically refined for increasing search accuracy, and (3) the meta-search engine recommends an e-commerce site which has the closest product information to the user’s search intention by matching the user query with the product catalogs in the e-commerce sites linked to the meta-search engine. An experiment shows that the performance of our model is better than that of general keyword-based search.

• The Journal of Information Systems
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• v.23 no.2
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• pp.25-47
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• 2014

Based on the levels of inter-organizational information flow and the degrees of suppliers' power, this study aims to develop a framework useful for classifying four types of the buyer's e-commerce strategies in manufacturing firms: e-marketplace, e-partnership, e-procurement and supplier's e-marketplace (e-distribution). We adopted a multi-methodological approach by mixing both qualitative and quantitative methods. After developing a framework, through the cases of Cisco, JAL, Toyota Motor, KIST, AMP, and 3M, this paper aims to confirm the actual existence of the four forms of e-commerce. The results from the cases supported the four types of e-commerce strategies in manufacturing firms. With the empirical data, we also demonstrated the configuration of the framework and the four types of e-commerce strategies, and identified the characteristics (i.e., size, age, actual adoption rate of the each type of e-commerce, and supply-chain performance) of the organizations employing each strategy.

• Journal of Information Technology Services
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• v.14 no.4
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• pp.221-236
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• 2015

Application software is delivered to customers as a form of service at cloud environment. A cloud service provider is a marketplace between supply side (application providers) and demand side (customers). Cloud service providers have to validate applications to be included in their service portfolio. Not only performance, security, networking, compliances should be checked but also business contract, authentication should be provided. Organization customers are more sensitive to these validation criteria and process. We study the Internet2 NET+, which is a successful cloud marketplace of applications for research and education organizations. This case study shows us three things : (i) a cloud marketplace's application management process : selection, validation, transition to service, customization of applications (ii) what a cloud marketplace has for its infrastructure like authentication, security, access control etc. (iii) what a cloud marketplace has as its governance structure. This case study will provide informative analysis of Internet2 NET, a profit-making vertical and buyer's marketplace (education industry). And we will get some strategic implications for planning and implementing cloud marketplaces.

• Journal of Distribution Science
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• v.14 no.4
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• pp.21-31
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• 2016

Purpose - This study examines how consignment and Vendor-Managed Inventory perform as supply chain collaboration programs. By using three key collaborative features, this study defines the collaboration programs and develops theoretical models of different supply chain systems. Research design, data and methodology - This study conducts sophisticated analysis on the supply chain systems by applying simulation modeling based on time-phased operations. The simulation model represents a two-stage supply chain system where a supplier sells a single item to a buyer, and it incorporates various operations. Results - In general, the simulation outcomes support that more advanced collaboration programs outperform less advanced ones. The analysis on the simulation outcomes identifies the significant value of information sharing in both collaboration programs. The specific conditions where the particular collaboration system outperforms the others are recognized. Conclusions - The outcome of this study supports that the supply chain system can improve its performance by having more collaborative features. This study provides business practitioners with guidelines to identify the circumstances that the specific collaboration program can fully exploit its advantages.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.259-284
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• 2018

The purpose of this study is to identify the determinants of the export performance of the most preferred trade exhibitions for SMEs. And the results are as follow. First, it is analyzed that the challenging entrepreneurship, the global orientation toward the overseas market, the quality of the excellent trade show, and the support system of the trade exhibition of the export related organizations all have a very positive effect on the export performance of the SMEs participating in the trade show. Second, the number and size of participating trade shows has no influence on controlling export performance. Third, there is a difference in export performance depending on participation frequency, participation size, participation method, and participating region. The implication of this study is that SMEs, which have a strong sense of entrepreneurship and a strong commitment to the global market, need to actively participate in trade exhibitions with relatively low barriers to entry. The policy implication is that organizers and export-related organizations need to understand the internal capabilities of participating companies in order to maximize the performance of participating companies. And Korea should also create an environment that can attract and hold excellent trade exhibitions held overseas. Therefore, the government and export-related organizations should expand the infrastructure for hosting global trade exhibitions. As well as an urgent need to build a system for attracting overseas buyers that can dramatically boost overseas buyer visits.

• International Commerce and Information Review
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• v.10 no.2
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• pp.391-410
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• 2008

Emphasis on relationship management might be found out from Williamson (1975), who tried to elucidate why an organization exists. According to his transaction cost theory, an organization is established to evade opportunistic actions of the market and build up a hierarchy of value chain. However, judged from the perspective of exchange relationship in a trade, the transaction cost theory was likely to approach to buyer-seller relationship by the mechanism of competition. Therefore, an organization exists to control the competition of the market. Relationship management suggested by relationship marketing focuses on cooperation between buyers and sellers, rather than competition against each other. Relationship management aims to provide a framework for making a market relationship that might become an asset or a resource of the firm. In the process of maintaining and strengthening long-term and cooperative relationship with all stakeholders included customers, suppliers and staff, they continue to create new values. The purpose of this empirical research, by investigating how relationship management of multinational enterprises influences on their competitive advantages and performances, is to suggest that a cooperative relationship established for a long time in the market, so-called quasi-market relationship, substitutes for an organization.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.25-62
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• 2014

Avoidance refers to the process of terminating a contract because of a non-performance. It implies the right of the aggrieved party to refuse to accept further performance by the other side and to refuse to perform one's own counter-obligations, on a permanent basis. The 1980 U.N. Convention on the International Sale of Goods, hereinafter 'CISG', regulates in Arts. 81-84 the effects of avoidance. The primary effect is that prescribed in Art. 81.1 CISG: both parties are released from their obligations under the contract, subject to any damages which may be due. As seen, the CISG deals with the legal consequences of avoidance, including restitutionary claims. However, a closer look to CISG provisions on restitution reveals that certain matters are left open. For instance, the CISG leaves open questions such as the costs, place and time where restitution is to be made. In this particular, the Convention remains silent as to the consequences of a delayed or refused restitution or the buyer's liability when the goods are damaged or destroyed after the avoidance. In light of the above, the present article attempts to determine the extent to which the modes of restitution are regulated in the CISG and how possible gaps are to be filled.