• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

• Proceedings of the Korean Institute of Building Construction Conference
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• 2005.05a
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• pp.107-112
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• 2005

Renovation of existing sports facilities or construction of temporary ones for international complex games requires a wide variety of hundreds of sub construction projects to be awarded at the same time but there are few precedents required regarding the study of tendering process required in such cases. As award of construction contracts to build sports facilities for various international complex games is a critical determinant of fate of international complex games in the initial phase, it is very critical that adequate construction tendering process bedetermined. This research is aimed to study tendering cases for renovation or construction of critical international sports facilities to enhance efficiency of facility construction and define most reasonable tendering approach to satisfy schedule constraints often associated with international complex games and contribute to improvement of international competitiveness of their host cities and propose a direction for further development. This study also provides inputs to subsequent sports events of comparable scale to minimize trial and error.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.26
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• pp.3-34
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• 2005

This thesis is in focus on keeping int'l businessman in mind application of CISG to perform smoothly in the their oversea's trade in accordance with taking effect on ratification of it from first, March, 2005. First of all, they have to keep in mind that it is possible to fall within the sphere of application of CISG of their contracts made between parties whose places of business are in different countries or although they have their places of business in different contracting states, if rules of private int'l law imply or express to the application of law of contracting state. Therefore in order to avoid confusion about whether apply or not, it is necessary to customize application of CISG as a proper law of their contracts. If so, they can avoid problem of requirements as to forms and any other requirement as to forms. Secondly they must attend the use of the legislative history of CISG and the use of the int'l case law and various scholarly thesises that studied on CISG such as information of Institute of Int'l Commercial Law under School of Law, PACE University. If so, problems which can give a rise in connection with interpretation of a basic and important terminology of CISG will be successfully conquest. In addition to above mentioned attentiveness, they must keeping in mind that various problems in connection with application of provisions of CISG can give their oversea's business a obstacle. buy the way of precaution against this case, they have to collect and analyze various materials about CISG.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.78
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• pp.73-91
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• 2018

When existing trade creates a product, a series of processes is terminated when a seller or a buyer subscribes for transportation insurance and is guided through customs procedures according to the terms of the sales contract and then receives payment for it. Training practical Trade kowhow is also educated focusing on the procedures of these contracts. A new paradigm of the fourth industrial revolution was launched in the development of information communication technology and computer technology. Also, due to the Xinhuo tradeism triggered by the United States, the risk of commodity trading is further increasing. Currently, trade practical education of university and industry is carried out for most lecture and discussion. Since 2014, the curriculumof the department of trade has been increasingly managed by the NCS process. The curriculumof the department of trade department has the advantage of being managed in consideration of the characteristics of the company that wishes to find employment and the level of work content. Standardized, the curriculumcan faithfully reflect the characteristics of the company and the level of the work content. In the new era, a new educational method that reflects the trend of the 4th industrial revolution era is necessary. In this research, we propose that service trade practical education should be educated mainly on contracts, not on procedural basis as with traditional commodity trade education.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.544-548
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• 2021

Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

• International Journal of Computer Science & Network Security
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• v.23 no.6
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• pp.91-98
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• 2023

The rapid increase in the use of new technology known as 'blockchain technologies' has addressed many challenges in different areas and provided benefits to users, in this paper we discuss the field of supply chains, improve confidence and transparency between participants and stakeholders significantly also in this paper we Compare between different blockchain frameworks focusing on most popular frameworks. Moreover, we proposed a model in the supply chain using a blockchain framework, the proposed supply chain model included many different resources that help to exchange information over the network. The proposed model also includes smart contracts that maintain all rules for transactions. using blockchain technology information such as transaction details, time and money are recorded and stored within the system from the beginning of the transaction entry.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.440-444
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• 2015

As domestic construction investment has been gradually reduced, expanding overseas construction is one of the most important issues for Korean construction companies. Among these issues, strategies for overseas CM services have widely been discussed, because the CM services have features of high growth potential and value-added area when compared with other construction sectors. Therefore, recent efforts focus on further development in advanced CM capabilities and expansion to overseas market. However, there has been lack of quantitative research to investigate current status and future direction of CM industry. In this sense, this research investigated what CM has achieved for the past 17years (between 1997 and 2013) and what CM should accomplish for future strategies. The purpose of this research is to statistically analyze total of 2,983 CM service contracts over the past 17 years published in KISCON (Knowledge Information System of Construction Industry) in order to examine current status of CM industry in terms of market type, contract size, commodity type, and owner's type. Based on this research, it is expected to suggest for future strategies and development directions from the CM industry perspective that could provide quantitative analyses, improve current CM statistics systems and strengthen the competitiveness in international CM market.

• Management & Information Systems Review
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• v.9
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• pp.165-177
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• 2002

The purpose of this comparative study is to compare and evaluate international arbitration and forum selection agreements. Recent decades have seen an unparalleled expansion of global trade and investment. Business enterprises of every description ann find themselves entangled in legal proceedings with foreign companies or government entities. Thus, the costs of these proceedings and the consequences of losing are often substantial. Almost, every international commercial controversy poses a critical preliminary question - 'where, and by whom, will this dispute be decided?' the answer to this question often decisively affects a dispute's eventual outcome. It can mean the difference between winning and losing. between de minimis damages and a multimillion dollar award. The same dispute can have materially different outcomes in different forums. Because of the importance of forum selection, parties to international contracts often include contractual dispute resolution provisions in their agreements. These provisions significantly reduce the uncertainties inherent in international commercial disputes, and can offer a substantial measure of partisan advantage. as a consequence, it is almost always advisable to include a contractual dispute resolution provision in any international contract. These provisions typically take the form of : (1) forum selection clauses, or (2) arbitration agreements.

• International journal of advanced smart convergence
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• v.9 no.2
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• pp.157-163
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• 2020

Recently the blockchain technology has been actively studied due to its great potentiality. The smart contract is a key mechanism of the blockchain system. Due to the short history of the smart contract, many issues have not been solved yet. One main issue is vulnerability and another main issue is cost optimization. While the vulnerability of smart contract has been actively studied, the cost optimization has been rarely studied. In this paper, we propose two cost optimization methods for smart contracts running on the blockchain system. Triggering a function in a smart contract program code may require costs and it is repeated continuously. So the minimization of costs required to trigger a function of smart contract while maintaining the performance equally is very important. The proposed two methods minimize the usage of expensive permanent variables deployed on the blockchain system. We apply the proposed two methods to three prevalent blockchain platforms: Ethereum, Klaytn and Tron. Evaluation experiments verify that the proposed scheme significantly reduces the costs of functions in the smart contract written with Solidity.

• International conference on construction engineering and project management
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• 2009.05a
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• pp.144-152
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• 2009

Construction contracts involve the allocation or distribution of the risks inherent to a construction project between or among contracting parties. However, it has been a common practice that only one party drafts the contract due to practical reasons and particular policies of various organizations. Interviews were conducted on some local contractors to gain their meaningful insights and standpoints on the allocation of each risk. These results were compared with the actual risk allocation using the Philippine government standard contract and risk principles from the literature to determine if their considered opinions provide a plausible alternative. A sample application of this evaluation is presented for construction-related risks and risk allocation recommendations are provided in the end.