• The Journal of Information Technology
• /
• v.9 no.3
• /
• pp.1-14
• /
• 2006

China has recently (28 August 2004) adopted a new act legalizing the electronic signature. This new act provides electronic signatures with the same legal status as handwritten signatures, and states that on-line certification providers will have to be created in order to ensure the security of on-line operations made using said signatures. This new act is intended to increase Chinese electronic business, and thus to raise the revenue China can expect from said business. And the law grants electronic signatures the same legal effect as handwritten signatures and seals in business transactions, and sets up the market access system for online certification providers to ensure the security of e-commerce. As Internet trade requires a reliable third party to identify the signers, the credibility of online certifying organizations is significant for the transaction security. So, considering the weakness of China's social credibility system, the law regulates that the online signatures certification providers should be approved and administered by governments.

• Journal of Fisheries and Marine Sciences Education
• /
• v.5 no.1
• /
• pp.15-22
• /
• 1993

The Maritime Traffic Safety Law of P. R. China has not the legal nature of navigation rule which regulates the vessel traffic directly but has the legal nature of management to ensure the safety and good order of the whale marine traffic. For that reason, the legal status of this Law is a general basic norm for the marine safety regulations rather than a definite enforcement regulation. This Law does not have any clear statements on adaptation of the steering and sailing rules of the International Regulations for Preventing Collisions at Sea, but it can be presumed the Convention would be applied on the viewpoint of the international practice. The subject matter of this Law is easily understandable, because the IMO and shipping countries have already made similar legislation. Since the maritime traffic condition of the P. R. China also has a direct effect upon the Korean coastal waters, it is essential to observe closely the process of enforcement and development of the P. R. China's Maritime Traffic Safety Law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.59
• /
• pp.181-205
• /
• 2013

This study has analyzed the international trade flow of medical devices in Korea, China, and U.S. more theoretically and systematically through a mutual connection of the medical device export structure of Korea and the import structure of China and U.S. organically, with an intensity approach on the bilateral international trade flow. Also, it is meaningful to find a solution to boost exports of Korea to China and U.S.. Therefore in this study, we recognize the importance of the medical device market in China and U.S., which is the main competition for Korea and its market, and look into the trade situation of these three countries. We also look into the relative market stream and the trade intensity of the main medical devices in Korea, China and U.S., and seek measures for the steady growth of the medical device market in these three countries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.27
• /
• pp.215-232
• /
• 2005

China had revised Foreign Trade Law in order to fulfill its WTO commitments and duties, and fully exercise its rights and benefits as a WTO member. The main contents of the revised Foreign Trade Law as followed. For the first time, individuals are allowed to conduct foreign trade. Intellectual property is an important component of foreign trade, and protecting intellectual property rights is a key issue. A chapter on Intellectual property protection is one of the major additions to the Foreign Trade Law. New sections have also been added to allow and provide guidance for conducting investigations and seeking relief. Finally, the new law beefs up and clarifies enforcement procedures. It regulates the setting up of early warning and emergency systems and a foreign trade statistics system.

• Journal of Arbitration Studies
• /
• v.20 no.2
• /
• pp.91-130
• /
• 2010

This thesis, which mainly focuses on judicial supervision of commercial arbitration in China, will deal with the developing process of arbitration system and analyze the actual condition of judicial supervision in commercial arbitration. And it also focuses on the underlying problems attributed to the excessive judicial intervention and an effort that the related academic world, arbitration industry and legal circles in China start to make in order to improve the system, resolving them. About the time China became a member of the WTO and about the 10th anniversary of the enforcement of Arbitration Law, powerful demands to solve the problems started to exist intensively. Academic field in China integrated these demands into the form of "proposed amendment of arbitration law", which enhanced the independence of arbitration and the autonomy of the involved parties drastically, as it accepted major contents of UNCITRAL Model Law while preserving of original tool of Chinese arbitration system. Separately from the movement in academic field, Supreme People's Court starts to exert itself for the, improvement of arbitration system, by announcing a series of proposed judicial interpretation so that it could collect the public opinion continuously and reflect the gathered opinion in judicial interpretation efficiently. Notwithstanding, there still remains to be ameliorated that the Arbitration Law of the PRC won't be able to overcome original limit when valuating judicial intervention on arbitration in some ways.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.35
• /
• pp.223-247
• /
• 2007

This paper focused on analyzing the effect against the Chinese Economy of Korea-China FTA and the trend of China-launching FTAs. And then this paper intended to deduce policy implications against the negotiations of Korea-China FTA. The points that Korea should consider in the process of the research and negotiations of Korea-China FTA are as follows: First, it is necessary that Korea should negotiate with China only in terms of the economic sector, excluding non-economic sectors which includes politics, national securities and so on. Second, Korea should put on the lists the every possible sectors that Korea has comparative advantages in. It is essential that the sectors include services in trade, TRIPs, ect. Third, the Korean government should put investment arrangements on the negotiating lists and ask China to afford a special favor to Korean investment In China. Forth, the Korean government should set the level of its tariff, considering the nation's trade deficit that Korea-China FTA will bing about.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.34
• /
• pp.3-26
• /
• 2007

Product liability law lies at the center of the modem world. This law concerns liability for damages arising from the commercial sale of a product that causes personal injury or property damage because it was defective or falsely represented. One engaged in the business of selling or otherwise distributing products who sells or distributes a defective product is subject to liability for harm to persons or property caused by the defect. In short, product defectiveness is the heart of products liability law. Regardless of the underlying cause of action, the plaintiff in nearly every products liability case must prove that the defendant's product contained an unnecessary hazard that caused the harm. The purpose of this paper is to clarify the meaning of the product defectiveness to products liability claims in China. In China, Product to include most movable personal property, but to exclude services. And a product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings.

• Strategy21
• /
• s.31
• /
• pp.142-163
• /
• 2013

Ieodo is a submerged rock within a Korea's Exclusive Economic Zone(EEZ) in the East China Sea with its most shallow part about 4.6m below the sea level which has no specific rights for the EEZ delimitation. The United Nations Convention on the Law of the Sea (UNCLOS) stipulates that any coastal state has the rights to claim an EEZ that stretches up to 200 nautical miles from its shore, except where there is an overlap with a neighboring country's claims. Korea claims that Ieodo is within its EEZ as it sits on the Korean side of the equidistant line and the reef is located on the Korea section of the continental shelf. China does not recognize Korea's application of the equidistance principle and insists that Ieodo lies on its continental shelf. According to UNCLOS, Ieodo is located in international waters, rather than one country's EEZ as the two countries have failed to reach a final agreement over the delimitation of the maritime border. This study seeks to understand the evolution of the People's Liberation Army Navy(PLAN) strategy as main obstacles for the EEZ delimitation between Korea and China. PLAN's Strategy evolves from "coastal defense" to "offshore defence", since the late 1980s from a "coastal defence" strategy to an "offshore defence" strategy which would extend the perimeter of defence to between 200 nm and 400 nm from the coast. China's economic power has increased It's dependence on open trade routes for energy supplies and for its own imports and exports. China want secure Sea Lane. PLAN's "offshore defence" strategy combines the concept of active defence with the deployment of its military forces beyond its borders. China's navy try to forward base its units and to achieve an ocean going capability. China's navy expects to have a 'Blue Water' capability by 2050. China insists that coastal states do have a right under UNCLOS to regulate the activities of foreign military forces in their EEZs. China protests several times against US military forces operating within It's EEZ. The U.S. position is that EEZs should be consistent with customary international law of the sea, as reflected in UNCLOS. U.S. has a national interest in the preservation of freedom of navigation as recognized in customary international law of the sea and reflected in UNCLOS. U.S. insists that coastal states under UNCLOS do not have the right to regulate foreign military activities in their EEZs. To be consistent with its demand that the U.S. cease performing military operations in china's EEZ, China would not be able to undertake any military operations in the waters of South Korea's EEZ. As such, to preserve its own security interests, China prefers a status quo policy and used strategic ambiguity on the Ieodo issue. PLAN's strategy of coastal defence has been transformed into offensive defence, Korea's EEZ can be a serious limitation to PLAN's operational plan of activities. Considering China'a view of EEZs, China do not want make EEZ delimitation agreement between Korea and China. China argues that the overlapping areas between EEZs should be handled through negotiations and neither side can take unilateral actions before an agreement is reached. China would prefer Ieodo sea zone as a international waters, rather than one country's EEZ.

• The Korean Journal of Air & Space Law and Policy
• /
• v.26 no.1
• /
• pp.127-145
• /
• 2011

European Union unilaterally included the emissions from aviation activities into EU ETS on 19 November 2008 by amending Directive 2003/87/EC. According to the Directive all the emissions(mainly against the CO2) from aviation activities shall be subject to the regulation of EU ETS from 2012. For the period from 1 January 2012 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 97% of the historical aviation emission s. From 1 January 2013, the allowances will be reduced to 95%. The allocation of allowances which may be applied by each operator with free of charge will be reduced from 85% to 82% from 1 January 2012 to 1 January 2013. Since the Directive will affect every country's airline industry more or less, the nations and international organizations respond variously. The controversial focus is that whether EU has the right to unilaterally include the emissions from international aviation activities into EU ETS. This article firstly analyzes the effect caused by EU ETS to China's airline industry, and then studies the legality of the action of EU subject to current positive international law, and finally draws the conclusion that EU enjoys no such right to unilaterally include the emissions from international aviation activities.

• Convergence Security Journal
• /
• v.23 no.5
• /
• pp.223-230
• /
• 2023

The People's Republic of China's influence in the international community is growing in political, economic, military, and diplomatic spheres. The "reform and opening-up" policy proposed and implemented at the 11th Plenary Session of the CPC Central Committee in December 1978 under Deng Xiaoping led to the rapid growth of China's economic and military power. The establishment of the National Defense Mobilization Commission in 1994 during Jiang Zemin's presidency also promoted defense mobilization, and the Standing Committees of the 9th, 10th, and 11th National People's Congresses, held since December 1998, formulated plans for defense mobilization legislation, and the first draft of the Defense Mobilization Law was approved in August 2008. In November 2005, under the leadership of President Hu Jintao, the draft Defense Mobilization Law passed the Standing Committee of the State Council, and in February 2010, the Standing Committee of the National People's Congress passed it after several rounds of deliberation and amendment, and the Defense Mobilization Law has been promulgated and implemented since July 1, 2010. The People's Republic of China is ruled by the one-party dictatorship of the Communist Party of China and the People's Liberation Army, the armed forces of the Communist Party of China. In this paper, it reviews the contents of the Defense Mobilization Law of China, a totalitarian state, analyzes and evaluates the issues.