• Journal of Arbitration Studies
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• v.28 no.2
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• pp.201-216
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• 2018

After the adoption of the Lisbon Treaty, the European Union's Common Commercial Policy now belongs to the exclusive competence area of the EU, including the foreign direct investment (FDI) policy. Regarding the bilateral investment protection treaties (BITs) between the EU Member States, the European Commission is of the view that such BITs should be discarded. On March 6, 2018, the Court of Justice of the European Union (CJEU) held in the Achmea BV v. Slovakia case that a BIT between the EU Member States, as well as arbitral awards based on that BIT, is not subject to request for preliminary rulings under the Treaty on the Functioning of the European Union (TFEU), and thus they are not compatible with the EU law. However, the judgment did not silence the controversy. Instead, many people questioned the legal reasoning and the legitimacy of judgment, and therefore the problem is still ongoing.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• autumn
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• pp.315-320
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• 2001

Strategic aim of Poland is an accession to The European Union. This accession means consolidation of democratic transformations and acceleration of economical development. Possibly full and quick execution of preparing works at building domain is one of conditions of Polish membership in the European Union. Poland has to adopt rules and standards, which are required at EU. It will permit to make polish companies more attactive at international market. We should know, that economical, legal whether political reforms, this is not all what consists on membership at the Union European. We must change internally, become open to the world, to represent dynamism, enterprise, knowledge and culture. We must become more tolerant and be able to communicate with people with different culture whether political orientation, we have to accept this dissimilarity and will find way of dialogue and cooperation.

• Korean Journal of Construction Engineering and Management
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• v.5 no.3 s.19
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• pp.120-127
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• 2004

In May 2004, Poland with nine other Eastern European countries joined the European Union(EU). After accession to the EU, Poland will accelerate the realization of investment in road sector, and wants to achieve important development of its road network condition in year 2005. Polish government is not able to afford the whole investment needed for construction of its motorways, so it wants to develop effective techniques of project funding based on the Public Private Partnerships(PPP). Without having high-performance transport networks, one country's economy cannot be competitive. It was the reason for establishing the Trans European Network(TEN) in the European Union. It creates the links, which are still missing between the fifteen countries of Western Europe and the new member countries like Poland. Consequently, Poland will also need to establish a proper transport infrastructure network. This paper will discuss how the PPP scheme can be applied for the transport infrastructure development in Poland as a EU member.

• International Commerce and Information Review
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• v.6 no.2
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• pp.289-313
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• 2004

The European Union(EU) bas enacted a series of directives including the Directive on Electronic Commerce and started harmonizing the national laws in this area. As a result of this effort, Electronic, Commerce bas been vitalized as a part of Information Society Services. This article would be helpful to analyze the new legislations of the EU and to show their essentials as seeming free movement of goods and services by Electronic Commerce in the community. Therefore, this article would be useful to draw up a plan of South Korea Legislations on Electronic Commerce.

• International Commerce and Information Review
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• v.16 no.4
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• pp.191-225
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• 2014

Most of all, this paper analyzes the current situation of EU(European Union) and ascertain EU's economic condition in terms of tariff lines and non-tariff barriers. and the purpose of this article is to find out the problems of EU's tariff lines and non-tariff barriers. Next, We suggest some future direction of export promotion from Korea to EU more largely for our companies. First, this paper describes the characteristics and outline of EU. The EU is a politico-economic union of 28 member states that are primarily located in Europe. The EU traces its origins from the European Coal and Steel Community(ECSC) and the European Economic Community(EEC), formed by the Inner Six countries in 1951 and 1958, respectively. After that, The Maastricht Treaty established the European Union under its current name in 1993. The latest major amendment to the constitutional basis of the EU, the Treaty of Lisbon, came into force in 2009. There are a combined population of over 500 million inhabitants and generated a nominal gross domestic product(GDP) of 16.692 trillion US dollars in EU. The results are as follows ; First of all, In terms of tariff lines and customs duties, Our companies have to know precisely EU's real tariff lines and other customs duties, and such as value added tax and exercise tax, corporate tax regulated by EU commission and EU's 28 members. second, our companies have to confirm EU's non-tariff barriers. such as RoHS, WEEE, REACH. These non-tariff barriers could be hindrances or obstacles to trade with foreign companies in other countries. We perceive all companies exporting to EU are related with these Technical Barriers to Trade irrespective of their nationality. So, Our companies fulfill the requirements of EU Commission concerning safety, health, environment etc. Also, Our companies choose market-driven strategy to export more largely than before in the field of marketing and logistics.

• 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.

• Journal of Korea Technology Innovation Society
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• v.1 no.3
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• pp.419-435
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• 1998

The telecommunications market in European Union was fully liberalized as schedule except some member countries on and after January 1, 1998. The full liberalization of telecommunications market which will provide lower charges and various services to consumers. At present, the monopoly on voice telephony services is being maintained in five member countries authorized the implementation delay of liberalization. There are still remain many problems, such as pre-selection of carriers, number portability and interconnection, to solve by January 1, 2000. After examining the basic principle of telecommunication regulations and the liberalization trends of EU countries, we review the future assignments and prospects of European Union. finally we suggest implications for telecommunication policy and carriers in Korea.

• International Area Studies Review
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• v.13 no.2
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• pp.602-616
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• 2009

EU and NAFTA which are huge regional economic blocs came out the world economy at the end of the twentieth century. It is the first that Europe has been trying to establish regional economic integration which is a revolutionary change to world economy. So that regional economic integration of Europe(European Union) has been improving to make a complete economic political integration. This paper analyzes trade creation effect for joining European Union(EU) of Central Eastern European countries with random effect estimation and fixed effect estimation. 12 Central Eastern European countries have become membership states of EU since 2004 is able to get 27.4% of trade increase effect on average between old and new membership countries one another as well as between new membership countries one another respectively. It is very important for some countries have a plan to affiliate to EU in the future to realize such a big effect if they are in.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.3-26
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• 2010

The European Union(EU) has recently introduced its Directive 2008/101/EC to include aviation in the EU ETS(emissions trading system). As an amendment to Directive 2003/87/EC that regulates reduction of the green house gas(GHG) emissions in Europe in preparation for the Kyoto Protocol, 1997, it obliges both EU and non-EU airline operators to reduce the emission of the carbon dioxide(CO2) significantly in the year 2012 and thereafter from the level they made in 2004 to 2006. Emission allowances allowed free of charge for each airline operator is 97% in the first year 2012 and 95% from 2013 and thereafter from the average annual emissions during historical years 2004 to 2006. Taking into account the rapid growth of air traffic, i.e. 5% in recent years, airlines operating to EU have to reduce their emissions by about 30% in order to meet the requirements of the EU Directive, if not buy the emissions right in the emissions trading market. However, buying quantity is limited to 15% in the year 2012 subject to possible increase from the year 2013. Apart from the hard burden of the airline operators, in particular of those from non-European countries, which is not concern of this paper, the EU Directive has certain legal problems. First, while the Kyoto Protocol of universal application is binding on the Annex I countries of the Climate Change Convention, i.e. developed countries including all Member States of the European Union to reduce GHG at least by 5% in the implementation period from 2008 to 2012 over the 1990 level, non-Annex I countries which are not bound by the Kyoto Protocol see their airlines subjected to aircraft emissions reductions scheme of EU when operating to EU. This is against the provisions of the Kyoto Protocol dealing with the emissions of GHG including CO2, target of the EU Directive. While the Kyoto Protocol mandates ICAO to set up a worldwide scheme for aircraft emissions to contribute to stabilizing GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the EU ETS was drawn up outside the framework of the international Civil Aviation Organization(ICAO). Second, EU Directive 2008/101 defines 'aviation activities' as covering 'flights which depart from or arrive in the territory of a Member State to which the [EU] Treaty applies'. While the EU airlines are certainly subject to the EU regulations, obliging non-EU airlines to reduce their emissions even if the emissions are produced during the flight over the high seas and the airspace of the third countries is problematic. The point is whether the EU Directive can be legally applied to extra-territorial behavior of non-EU entities. Third, the EU Directive prescribes 2012 as the first year for implementation. However, the year 2012 is the last year of implementation of the Kyoto Protocol for Annex I countries including members of EU to reduce GHG including the emissions of CO2 coming out from domestic airlines operation. Consequently, EU airlines were already on the reduction scheme of CO2 emissions as long as their domestic operations are concerned from 2008 until the year 2012. But with the implementation of Directive 2008/101 from 2012 for all the airlines, regardless of the status of the country Annex I or not where they are registered, the EU airlines are no longer at the disadvantage compared with the airlines of non-Annex I countries. This unexpected premium for the EU airlines may result in a derogation of the Kyoto Protocol at least for the year 2012. Lastly, as a conclusion, the author shed light briefly on how the Korean aviation authorities are dealing with the EU restrictive measures.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.261-282
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• 2012

The European Union (EU) has introduced the EU Emissions Trading Scheme (EU ETS) as one of the key policies to reduce the level of greenhouse gas emissions and in July 2008, they decided to include aviation in the scheme. As soon as the decision was announced the EU ETS was met by sharp opposition from world governments and international aviation. A group of US airlines, in particular, dropped a lawsuit against the British government over aviation's inclusion in the EU ETS. On 21 December, the Court of Justice of the European Union (CJEU) ruled that aviation's inclusion in the EU ETS which covers all flights arriving into and departing from the EU is legal and does not contravene international law. The scheme eventually came into effect on 1 January 2012. However, most countries are in opposition to the EU ETS and have agreed on counter-measures to undermine the EU's plan which may bring chaos to the aviation industry if such measures were to put into practice. This study therefore will analyze the likely effects that may be brought to the Korean aviation industry as a result of the inclusion of aviation in the EU ETS. Further, it hopes to contribute to the Korean aviation industry by studying other countries' counter-measures in advance.