• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.63-88
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• 2014

The culpa in contrahendo is a doctrine that "damages should be recoverable against the party whose blameworthy conduct during negotiations for a contract brought about its invalidity or prevented its perfection". In China, Chinese Civil law gradually adopted Culpa in Contrahendo under the former 'economic contract law' and the 'general rules of the civil law', then the legal system of culpa in contrahendo was formally established under Contract Law of the People's Republic of China(CLPRC) in 1999. To put it concretely, Art. 42, 43, 58 of the Chinese Civil Law expressly establishes a culpa in contrahendo liability derived from a principle of good faith governing pre-contractual negotiations. however, in general, culpa in contrahendo has been recognized a independent legal liability as distinct from contractual default liability and torts liability. This article provides a general description of the characteristics of culpa in contrahendo under Chinese Contract Law, and both theoretical issues that have arisen in Chinese academics and relevant important precedent in Chinese Courts. This article also analyzed trend of judgment on precedents that the Supreme Peoples's Court of the PRC applied culpa in contrahendo.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.85-105
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• 2016

Independent guarantee is new financial product developed in international commercial transaction. The nature of independent guarantee is an independent undertaking, which takes the form of documentary transaction. As long as the documents presented by the beneficiary are on their face complying with the terms and conditions of the guarantee, the guarantor is obliged to pay upon the complying presentation. Where parties choose to apply for issue of independent guarantee in international commercial transactions in China, Chinese court shall respect the autonomy of parties. If either the guarantor or the beneficiary is located outside of China, or the facts which cause the establishment, change or cancellation of independent guarantee relationship occurred outside of China, it shall be deemed as foreign related independent guarantee. If the interested parties requests for confirmation of the independence of foreign related independent guarantee, it shall be supported by Chinese court. However, parties dealing with Chinese domestic commercial transaction have not fully realized the severity of independent guarantee liability. The market credit is being cultivated and the financial innovation is being explored at present in China. In order to guard against the systematic and the regional financial risk, before relevant rules are promulgated, Chinese court shall not recognize the independence guarantees issued for the domestic commercial transaction, but treat it as joint liability surety.

• 한국항공우주법학회:학술대회논문집
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• 2008.05a
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• pp.143-149
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• 2008

• Analyses & Alternatives
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• v.2 no.1
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• pp.71-106
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• 2018

The 19th CPC National Congress has a key historical significance in the development of China's constitution. It will also play a decisive role in the history of the seventy years'constitutional change in New China. XiJinping's new socialist thought with Chinese characteristics established in the report of 19th CPC National Congress will be written in the preface of the March 2018 National People's Congress's constitutional amendment. The fifth revision of 1982 Constitution will touch on many issues such as the leadership of the CPC into the constitution, the abolition of the tenure of the president, the constitutional oath system, and the reform of the national supervisory system. In addition, the constitutionality review system, the establishment of the National Security Council, the constitutional status of socialist public property and private property and the adjustment of major economic system has become a hot topic in the theory field. In the history node towards a socialist country ruled by law, the theory and practice of the China indeed have the academic ideas, value position and path model differences, which will delay the Chinese constitutional development, but also is the necessary pain in the process of moving towards the rule of law in China. Indeed, how to the development and where to go in the future of Chinese constitutionalism itself has sample value, which deserves rational attention and in-depth inquiry from Chinese and Western academics.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.1
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• pp.55-74
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• 2007

When the People's Republic of China destroyed one of its own defunct meteorological satellites, the Fengyun-1C, at an altitude of some 865 km above the earth's surface, the PRC was accused of initiating, or at the very least risking an(other) arms race in outer space also. The test also gave rise to a few legal questions as to the permissibility of this test, and the broader permissibility of using space for military and other weapon-touting activities, Whilst the test cannot be considered to constitute a direct threat to international peace and security so as to invoke relevant legal principles and consequences in terms of the UN Charter for example, it highlights the importance of such clauses in international space law as requiring international cooperation and consultation, due regard for the interests of all other countries both on earth and in outer space, and the further development of general regimes of registration and space debris-prevention. From that perspective, the PRC violated international outer space law not so much by the test itself but by the accompanying lack of information, consultation and due regard for other states', and indeed mankind's, interests.

• The Korean Journal of Air & Space Law and Policy
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• no.spc
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• pp.181-199
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• 2007

When the People's Republic of China destroyed one of its own defunct meteorological satellites, the Fengyun-1C, at an altitude of some 865 km above the earth's surface, the PRC was accused of initiating, or at the very least risking an(other) arms race in outer space also. The test also gave rise to a few legal questions as to the permissibility of this test, and the broader permissibility of using space for military and other weapon-touting activities, Whilst the test cannot be considered to constitute a direct threat to international peace and security so as to invoke relevant legal principles and consequences in terms of the UN Charter for example, it highlights the importance of such clauses in international space law as requiring international cooperation and consultation, due regard for the interests of all other countries both on earth and in outer space, and the further development of general regimes of registration and space debris-prevention. From that perspective, the PRC violated international outer space law not so much by the test itself but by the accompanying lack of information, consultation and due regard for other states', and indeed mankind's, interests.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.31
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• pp.155-183
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• 2006

Recently, the anti-dumping actions of China are becoming aggressive, resulting in the speculation that Korea's trade surplus to China will be reduced. Anti-Dumping Actions by the Chinese Government are also becoming harsh. According to KOTRA, 18 anti-dumping actions were taken by the Chinese government against Korean products. The Chinese government has opened two additional cases of dumping investigations again Korean products 2005 as well. Therefore, Korea will likely face more trade restrictions in the form of anti-dumping in China Accordingly, the Accused party need to understand Anti-Dumping Act of China. The trade related authorities are monitoring on the China related information, and builds system barring Anti-Dumping Actions. Also, companies strongly export the differential products to the China.

• Journal of Arbitration Studies
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• v.21 no.2
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• pp.27-46
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• 2011

In the intellectual based society of the 21th century, intellectual property of nation and enterprise management has been the key element of nation's competitiveness and development. Therefore in countries like Korea, China, and many other countries, intellectual property of advancement strategy are being constructed and intellectual properties are protected at national level. Top priority task of protecting the intellectual property is to efficiently resolute intellectual property right disputes. Considering the nature of intellectual property right and arbitrage system, arbitration to solve intellectual property disputes is realistically the best method. However, not all cases of them are qualified. In order to relieve the intellectual property disputes through arbitration, qualification must be obtained. During the process, generally and globally, intellectual property right dispute is evaluated by three parts, intellectual property right contract dispute, intellectual property right violation dispute, and intellectual property right validity dispute. Based on UN's "Convention on the Recognition and Enforcement of Foreign Arbitral Awards Agreement" in 1958, June 10th, in New York, both arbitrage organization and judgment can be approved in both Korea and China countries. However, as of today, there is a big gap of arbitration qualification between two countries, which can be troublesome if intellectual property right disputes arise. For instance, in Korea, intellectual property right contract disputes and intellectual property right violation disputes are both generally accepted as arbitration qualification. However for intellectual property right validity dispute, arbitration qualification is only accepted for non-registered intellectual property as in copyright entity. It does not apply to other registered intellectual property right as in patents. In China, arbitration qualification is accepted for intellectual property right contract dispute, and also accepted for intellectual property right violation dispute to copyrights but restricted to others. As for intellectual property right validity dispute, arbitration qualification is completely denied. Therefore, when there is an intellectual property right dispute between Korea and China, the biggest problem is whether China will accept arbitrage judgments made in Korea. Theoretically, arbitrage judgement made in Korea should be also accepted in China's court. However, considering the criticism of China's passive nature of arbitration qualification for its own local intellectual property right disputes, it's very unlikely they'll actively accept arbitrary judgment made in foreign countries. Korea and China must have a more open minded approach for intellectual property disputes and arbitration qualification. Base on WTO's Intellectual Property Right Agreement, it's being defined as private right. Therefore, sovereign principle should be the basic principle of solving intellectual property right disputes. Currently, arbitration qualification is expanding internationally. So both Korea and China must also follow the trend expand the arbitration qualification with a more open minded and forward looking approach, for the good of intellectual property disputes.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.11
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• pp.47-66
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• 2021

Despite the dominance of the USD as a vehicle currency in non-US trade, most studies on the exchange rate-trade balance relationship ignore its importance. Some recent J-curve papers have proved that incorporating the role of USD as vehicle currency as a crucial determinant of trade balance can well reflect the reality of global trade and provide more detailed findings. Motivated by this new approach and by the fact that USD is substantially used in the trade between China and the EU and the UK, this paper scrutinizes how the vehicle currency USD and the bilateral exchange rates asymmetrically affect China's trade balance with each EU country and the UK. The results of NARDL estimation indicate that the USD models outperform the bilateral exchange rate (BER) models in terms of detecting significant long-run and short-run coefficients, which confirms the usefulness of the new approach. Also, this paper finds that the USD/CNY exchange rate cannot be neglected in China's trade with the EU and the UK, which can supplement China's policies on international trade and foreign exchange management.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.117-138
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• 2008

This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.