• 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.

• International Journal of Advanced Culture Technology
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• v.7 no.4
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• pp.63-68
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• 2019

Recently, the United States and China have declared a 25% retaliatory tariff for the partner country products of 50 billion dollar scale. "Trade war" is getting full swing. Such conflicts between economic powers may spread to Japan like the domino phenomenon following the EU (European Union) and become bigger in the global trade war. As a result, Korea has an economic system with a high degree of external dependence, and there is an expert's analysis that it will become the largest victim of the global trade war. If the WTO Dispute Settlement Authority approves this US 301 retaliation measure in the same way as the past case (US-EU hormone-treated beef imports), the United States will not import any Chinese imported products Chinese products) can be imposed. If the US launches a special 301 or super 301, which is stronger than the regular 301, then China is very likely to enforce US retaliation against it, and the trade war between the two countries could become a reality. This phenomenon is likely to have a negative impact on Korean companies. In particular, Korea, which is highly reliant on intermediate goods exports to China, is expected to suffer a great deal of damage. Therefore, Korea needs flexible response at home and abroad, it is necessary to enhance the autonomy of companies and protect export industries. Adjusting corporate tax rate as well as domestic industry height will be one way. The long-term (21 months) trade war between the United States and China has resulted in economic uncertainty. The resulting damage must be compensated. It is necessary to prepare the compensation through the economic council between countries. In the future, the punitive damage compensation system should be introduced.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.69-90
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• 2020

The arbitration system has many advantages, including resilience, speed, ease of approval, and enforcement of foreign arbitration in international disputes, and it plays an important role in today's international business. As the world's economic activities increase, China's trade disputes are intensifying. In 2017, China emphasized the international cooperation and commercial expansion of foreign investment at "One Belt, One Road." Therefore, it is expected that international business will become more active, with the issue of how to recognize and enforce the foreign arbitration awards in China becoming highly important. In addition, South Korea and China maintained deep trade relations after establishing diplomatic relations in 1992 and concluding the Korea-China Free Trade Agreement, which will inevitably increase trade disputes. As far as South Korea is concerned, China is South Korea's largest trading partner, so it is important for South Korea to analyze how foreign arbitration awards are recognized and enforced in China. China's accession to the New York Convention in 1987 was the beginning of the enforcement of foreign arbitrators. However, since China has begun to recognize and enforce foreign arbitrators relatively late, there are many problems in terms of recognizing and enforcing foreign arbitral awards in China. This study introduces the concept and scope of foreign arbitral awards, as well as the legal basis and procedures for recognizing and enforcing foreign arbitral awards, and examines relevant cases and the denial of recognition and enforcement of a foreign arbitration award. In the end, some issues and remedies for the recognition and enforcement of the foreign arbitral awards system in China were concluded.

• Korea Trade Review
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• v.48 no.1
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• pp.55-81
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• 2023

The purpose of this study is to analyze the main issues and trends of Korean trade, and to draw implications for future research regarding trade rules. A total of 476 academic journal are analyzed using English keyword searched for 'Trade Rules' from 2000 to July 2022 in the Korean Journal Citation Index data base. The analysis methodology includes co-occurrence network and topic trend analysis which is a kind of text mining methods. The results shows that key words representing Korea's trade trend fall into four categories in which the number of research journals has rapidly increased, which are Topic 4 (Investment Treaty), Topic 7 (Trade Security), Topic 8 (China's Protectionism), and Topic 11 (Trade Settlement). The major background for these topics is the tension between the United States and China threatening the existing international trade system. A detailed study for China's protectionism, changes in trade security system, and new investment agreements, and changes in payment methods will be the challenges in near future.

• International Commerce and Information Review
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• v.14 no.3
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• pp.513-536
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• 2012

This study aims to examine the status and problems of trade risk management of Korean companies in Incheon area trading with China and to suggest some improvement measures. On the survey with twenty five questions on company profiles, business process and transactions, claims and trade risks, etc. with Chinese trading partners, the following facts are found. In general, Chinese policies on foreign trade, finance, labour, investment, etc. and China's logistics system have caused great worries to Korean companies in Incheon area. This kind of risks from Chinese government policies and China's economic structure are beyond control of each company. Korean government should take more effective measures to negotiate with Chinese government. In the stage of contract, procurement and transportation, settlement, disputes resolution and etc. Korean companies in Incheon area also have many problems with relatively high risks with Chinese trading partners. Based on these survey results, some suggestions for better trade risk management are given.

• Journal of Distribution Science
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• v.13 no.10
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• pp.23-34
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• 2015

Purpose - Currently, the foreign trade environment in China has shifted to a very different system. Korean enterprises have been forced to compete with Chinese enterprises in today's world market owing to the economic growth and technical improvement in China. Research design, data, and methodology - The author visited Korean export enterprises in Shanghai from January 5 to 12, 2014 to implement a questionnaire survey and conduct in-depth interviews with the local enterprises. The author investigated the Shenyang area using e-mail communication. For the questionnaire, one copy of the questionnaire was given to each business and to a staff member for each of the products when a company sold multiple products. Results - Selling cost advantage, efficiency of economic scale, and product differentiation had the most influence on Korean enterprises' export strategy to China. Additionally, entry barrier, product differentiation, and concentration all had an influence on Korean enterprise export strategy to China as well. Conclusion - Korean enterprises developed strategies for price priority, economies of scale, and product differentiation based on changes in the competitive structure in the Chinese market.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.101-124
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• 2007

The legal systems and open-door policies to foreign affairs in North Korea have been followed by those of China. Whereas an arbitration system of South Korea accepted most parts of UNCITRAL Model Law, North Korea has succeeded to an arbitration system of a socialist country. China, under the arbitration system of socialist country, enacted an arbitration act reflected from UNCITRAL Model Law for keeping face with international trends. We have used these three arbitration system as a tool for analyzing an arbitration system in North Korea. With an open-door policy, North Korea and China enacted an arbitration act to provide a legal security. Therefore, the core parts of arbitration system in North Korea and China are based on a socialist system while those of South Korea is on liberalism. So, North Korea and China enacted an arbitration act on the basis of institutional arbitration, on the other side, South Korea is based on ad-hoc arbitration. Because of these characters, in terms of party autonomy, it is recognized with the order as South Korea, China and North Korea. Also North Korea enacted separate 'Foreign Economic Arbitration Act' to resolve disputes arising out of foreign economies including commercial things and investments. There are differences in arbitration procedures and appointment of arbitrators : South Korea recognizes parties' autonomy, however parties should follow the arbitration rules of arbitration institutes in North Korea and China. According to an appointment of arbitrators, if parties fail to appoint co-arbitrators or chief arbitrators by a mutual agreement, the court has the right to appoint them. In case of following KCAB's rules, KCAB secretariats take a scoring system by providing a list of candidates. A party has to appoint arbitrators out of the lists provided by arbitration board(or committee) in North Korea. If a party may fail to appoint a chief arbitrator, President of International Trade Arbitration Board(or Committee) may appoint it. In China, if parties fail to appoint a co-arbitrator or a chief arbitrator by a mutual agreement, Secretary general will decide it. If a arbitral tribunal fails to give a final award by a majority decision, a chief arbitrator has the right for a final decision making. These arbitration systems in North Korea and China are one of concerns that our companies take into account in conducting arbitration procedures inside China. It is only possible for a party to enforce a final arbitral award when he applies an arbitration inside North Korea according to International Trade Arbitration Act because North Korea has not joined the New York Convention. It's doubtful that a party might be treated very fairly in arbitration procedures in North Korea because International Trade Promotion Commission controls(or exercises its rights against) International Trade Arbitration Commission(or Board).

• Proceedings of the KSR Conference
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• 2002.10a
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• pp.272-280
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• 2002

The purpose of this study is establishing train-ferry system in Korea. Train-ferry system have a competition over present transportation system in international cargo trade market between Korea and China. And, the operation of train-ferry transportation system between Korea and China is meaningful project in the point of providing various choices to clients.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.263-290
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• 2004

Dispute plays a key role in maintaining the desirable performance of trade transaction. Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. So, understanding of chinese dispute resolution system is a necessary requirement for successful business operation with chinese companies. This article analyzed and compared with the ways of trade disputes settlement system such as negotiation, mediation, arbitration and litigation in China in order to help the Korean traders who enter into business with the chinese companies to settle their disputes efficiently. This article suggests that two methods of negotiation and mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies because of problems of enforcement of arbitral award and the uncertainty of China's legal system.

• Journal of Korea Port Economic Association
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• v.36 no.4
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• pp.93-106
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• 2020

Trade is an important economic activity. In particular, since the establishment of the World Trade Organization (WTO), the scope of trade has been expanding due to events such as the entry of China into the WTO in 2001, the establishment of a multilateral trading system, mitigation and integration of trade barriers, and the establishment of the free trade agreement (FTA). Despite the expansion of the trade market, however, extreme events such as the 2008 global financial crisis, the 2016 Brexit, and the 2018 US-China trade war have had a direct negative impact on the trade market. Therefore, the present this study analyzed the dependence structure between the international shipping freight rate index, a variable representing trade activities, and the trade uncertainty between the US and China. The following is a summary of the analysis results. First, the US-Chinese trade policy uncertainty and international shipping freight rate index presented a Frank copula and rotated Clayton copula 270° distribution, respectively, showing the same distribution structure for each country. Second, the Kendall's tau correlation revealed a negative dependence between the international shipping freight rate index and US-Chinese trade policy uncertainty. The degree of dependence was greater in the combination of uncertainty in China's trade policy and international shipping freight rates. In other words, the dependence of global demand and trade policy uncertainty confirmed that China was stronger than the US. Finally, the tail dependence results revealed that the US-Chinese trade policy uncertainty and international shipping freight rates were independent of each other. This means that extreme events related to the trade policy uncertainty or international shipping rate index were not affected by each other.