• Korea Trade Review
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• v.47 no.5
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• pp.223-240
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• 2022

Anti-circumvention rules were discussed profoundly during the Uruguay Round and the DDA negotiations, although WTO members failed to reached an agreement to introduce it to the WTO Anti-Dumping Agreement. However, as the cases of circumvention of anti-dumping duties increase, a number of countries have enacted anti-circumvention regulations as part of their anti-dumping laws. This study aims to analyze anti-circumvention rules from the perspective of WTO law. After overviewing the object and purpose of anti-dumping and anti-circumvention regulations, it examines anti-circumvention regulations of the US, the EU, and India. Next, the study explores the possible WTO-inconsistent aspects of those regulations. Then, it discusses whether it would be preferable for countries not equipped with anti-circumvention regulations, such as Korea, to have one. Thereafter, this study proposes Korean government to introduce anti-circumvention rules into its anti-dumping law.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.25 no.2
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• pp.115-125
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• 2015

Objectives: The major objectives of this study are to review the EU CLP Regulations to propose ways of improving the reliability of MSDS and labels. Methods: To review the EU CLP Regulations, we used EU documents including directives and regulations on chemical management. In addition, we used EU governmental agency reports to illuminate the history and background of the CLP. We found the EU CLP's instruments for reliable hazard communication and evaluated the operations of the instruments. Results: EU CLP Regulations have four instruments for the EU CLP Regulations to make hazard communication reliable. These instruments are GHS, the harmonized CMR and respiratory sensitive substances classification list, C&L inventory and restriction of trade secrets. These are highly useful for achieving the objectives of REACH and CLP(no data-no market and changing the burden of proof). Conclusions: Changing the burden of proof is a key principle for achieving a society safe from hazardous chemicals. Chemical manufacturers and importers alone should bear the responsibility for reliable MSDS. We recommend benchmarking the EU CLP Regulations in order to change efficiently the burden of proof. Trade secrets should be limited to low-hazard substances and be approved by the government before the chemical product is on the market. Like the C&L inventory, chemical product information including substances identification and hazard properties should be notified, aggregated and be opened to public on the Internet. Finally, we recommend a MSDS registration system once again.

• Management & Information Systems Review
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• v.22
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• pp.167-191
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• 2007

The EU has introduced various environmental protection policies and regulations which are stricter than accepted international standards. WEEE, RoHS, and EuP directives in the Electrical and Electronic Industry could have a direct effect on our exports to EU countries. To gradually enlarge exports to the EU, it is necessary to have a precise understanding of the EU's environmental regulations and prepare the relevant countermeasures to adequately cope with them. Korean companies should formulate concrete plans to meet the EU's environmental regulations in those industry. In order to decrease the negative effects that environmental regulations of EU give to Korea, the corporations and the government should change their present passive environmental policy and carry out the environmental- friendly policy. If Korean companies can adequately meet the standards set by the environmental policies and regulations of the EU, it will greatly enhance the competitiveness of companies in this market.

• Journal of the Economic Geographical Society of Korea
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• v.2 no.1_2
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• pp.145-167
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• 1999

The aim the this paper is to explore the processes of three Korean consumer electronics chaebols'entries into, and exits from tile EU in the context of European integration and enlargement and at the global, regional(EU), national and local level. Korean FDI in the EU has increased sharply since the late 1980s, while interacting with the processes of European integration and enlargement. In particular, the chaebols'FDI was caused by reactions against the intensification of Euro-trade regulations. As a result, these defensive entries have led such chaebols to create a strategy of ‘defensive Europeanisation’through the formation of forward and backward linkages between chaebols’affiliates and Korean suppliers within the EU. Nonetheless, defensive FDI has given rise to exits through active relocation within and outside the EU, since the ‘late 1980s’due in the main to (1) sensitive reactions against changing EU trade regulations and (2) failures to maintain cost-competitiveness in particular host regions. Along with these trends, chaebols’entries and exits are placed in contingent and paradoxical structures of the global -regional - national-local nexus, which has resulted from the mismatch of different EU policies such as trade, inward investment and regional policies.

• Asia-Pacific Journal of Business
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• v.12 no.3
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• pp.101-115
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• 2021

Purpose - The purpose of this study was to examine the impact of packing regulations as a technical standard barrier on export trade. Design/methodology/approach - This study analyzed cases related to packing in major countries such as US, EU and so on. It is also show the example of export volume changed based on PRTS. Findings - First, the role of packaging and the reason why countries issued relevant packaging provisions were introduced. Then, the impacts of PRTS on export trade were expounded. And next, we focused on investigating some PRTS related cases in export trade and gave an example of export volume changed based on PRTS. Finally, we produced implications for business leaders to aware of the importance of PRTS in export. Research implications or Originality - This study provide PRTS information to traders. Trade pratitioners can respond to PRTS related regulations, actively develop PRTS technology, and take relavant to deal with PRTS barriers to eliminate or weaken the adverse effects of PRTS on export trade.

• Management & Information Systems Review
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• v.24
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• pp.45-71
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• 2008

These days the international environmental regulations of the developed countries, especially from the EU, are rapidly changed to the regulations of product-based environment from a conventional end-of-pipe environmental technology. Especially the motive in this paper come from the EU's electrical and electronic equipment environment regulation. It may affect much to whole export of Korea Firms Integrated product policy has the potential to increase not only competitive power in today's global market, but also trade compatibility between countries. Furthermore it is important to make a contribution to sustainable development. CEOs must change their notions about firms' environmental policy from the end-of-pipe approach to the sustainable approach to improve company's competitive power. As emphasized a paradigm of naw environmental management by EU' environmental directives, the company must establish clean production system to save resources and reduces pollutant. Also Korean Company constructs a systematical network to collect EU' environmental regulation information which are changing rapidly. Large company will cooperate with small and medium-sized firm for their win-win strategy in the field of environmental management. Also it is necessary to make the domestic regulations of product-based environment to meet the international environmental regulations.

• KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
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• v.5 no.2
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• pp.42-58
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• 1999

Packaging materials and articles that are used in food contact applications can transfer constituents in the foodstuffs. This kind of risk of possible health hazards to consumers has been generally recognized for a long time with the consequence of establishing corresponding food regulations in most developed countries. However, the language of these laws, their interpretation, and their level of enforcement vary from country to country. Accordingly, the actual migrating levels from packaging materials can be varied depending on the migration testing methods as prescribed in the national legislation in each countries. Therefore, there are needs of elimination of non-tariff trade barriers raised by sanitary and phytosanitary or technical measures under the Final Act of the UR Agreement. In this connection, the EU and USA are currently in an ongoing process of legislation harmonization to overcome potential barriers to free trade. In general, regulations governing component transfer in the USA are more complicated and comprehensive than similar regulations in Europe. In future, standard migration testing procedures for microwave heat susceptor materials and for the use of fatty food simulant should be established and also harmonized among countries. The objective of this investigation is to compare the current regulations for migration testing for plastic containers and packaging materials in USA, EU and Korea or Japan. For those regulations, Korean standards are required to be kept up with the international standards. By doing this, the related Korean regulation could be amended along with the worldwide progress for harmonization.

• Clean Technology
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• v.16 no.3
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• pp.155-161
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• 2010

Product-based environmental regulations, such as RoHS, REACH, EuP, etc., on electrical and electronic equipments, chemicals, and so on, initiated by the European Union, are becoming a global trend. These regulations can create barriers to trade among nations worldwide and may thereby have a direct impact on the function of internal market. If domestic companies utilize well the international environmental regulations in advance, they will get good opportunity for expanding overseas market. In this paper the current status of countermeasure for overcoming the international environmental regulations in domestic industries was investigated and the future plans were discussed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.303-325
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• 2008

China's "Foreign Trade law" 16.4 revised in 2004 like "Foreign Trade law" 16.2 in 1994 is still stipulated resource restriction to protect domestic resources and it does not satisfy the introduction of article 20 and section (g) of GATT 1994. Through an interpretation of related regulations and China-EU cokes dispute, the paper points out that China's "Foreign Trade law" 16.4 has no validity of the introduction of article 20 and section (g) of GATT 1994. Comparing China's "Foreign Trade law" 16.4 to GATT 1994 20(g), China's "Foreign Trade law" 16.4 does not include important conditions of GATT 1994 20 introduction such as not being arbitrary or unjustifiable discrimination and disguised restriction on international trade. For example, based upon China's "Foreign Trade law" , if she restricts or prohibits important natural resources that Korea mainly relies on China, it will effects not only trade between two countries but also our lives and securities. Hence, it is highly time to analyze China's the Validity of the China's Resource Export-Quota Restrictive Measures under the GATT/WTO. In the process of resolving China-EU cokes dispute in 2004, ministry of Commerce of China shows well its characteristics of dispute settlement and also we can find out EU's logical countermeasures. Therefore, because of the high possibility of disputes between Korea and China in the area of natural resources, Korea needs to pay attention to the China's resource protecting policies, and if it violates GATT 1994 20 introduction and (g), we should consider to sue China to WTO. The paper believes that it will play an important role as an aggressive demand and effect on amendment of China's "Foreign Trade law" in the long term.

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.249-275
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• 2018

Today's Internet environment is growing rapidly, and transactions based on it are also rapidly increasing. E-commerce allows merchants and consumers in different countries to easily trade goods across borders. However, the increase in international consumer transactions through the Internet is accompanied by an increase in disputes. International consumer transactions are characterized by a distinction among long distance, small sum, and different jurisdictions. International consumer transactions cannot be solved only by way of resolving disputes in past international transactions. The best way to resolve disputes between international carriers and consumers is through the Internet. In this regard, UNCITRAL has been preparing to enact legislation on ODR as a solution to international electronic trade disputes and, as a result, UNCITRAL adopted guidelines for operating the ODR procedure for building the ODR platform. The European Union has also increased its disputes in the European Union, which is active in the intra-regional market. Institutional improvements were made to solve this problem; therefore, the European Union (EU) has enacted the ODR Regulations for EU consumer disputes. Based on such, this study constructed the ODR platform, which is used as a way to resolve consumer disputes in the regional market.