• Title/Summary/Keyword: The Korea-China FTA

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Settlement of Private Commercial Disputes under the FTA (FTA하에서의 사적 상사분쟁의 해결)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.3-32
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    • 2007
  • This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

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Long-run Effects of the Korea-China Free-Trade Agreement

  • Kim, Sunghyun;Shikher, Serge
    • East Asian Economic Review
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    • v.19 no.2
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    • pp.117-142
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    • 2015
  • This paper uses a 53-country 15-industry computable general equilibrium model of trade to analyze the effects of the Korea-China free trade agreement on the Korean economy, the manufacturing sector in particular. The model is based on Yaylaci and Shikher (2014) which uses the Eaton-Kortum methodology to explain intra-industry trade. The model predicts that the Korea-China FTA will increase Korea-China manufacturing trade by 56%, manufacturing employment in Korea by 5.7% and China by 0.55%. The model also predicts significant reallocation of employment across industries with the Food industry in Korea losing jobs and other industries there gaining jobs, with the Medical equipment industry gaining the most. There will be some trade diversion from the ASEAN countries, as well as Japan and the United States.

An Alternative for Establishing a Logistics Cooperation System among Korea, China and Japan Focused on Rail-ferry System (열차훼리를 중심으로 한 한.중.일 물류협력체계 구축방안)

  • Cho, Sam-Hyun;Kim, Hyun-Duk
    • Journal of Korea Port Economic Association
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    • v.23 no.1
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    • pp.61-73
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    • 2007
  • Creating more efficient and effective intermodal transportation service in Northeast range is a critical issue because of more increased trade volume & demand for intermodal service in the world market and geographical barriers associated with goods transportation, especially in Korea, China and Japan. This study examines the possibility of Rail-ferry introduction and possible route in Northest area which can provide each country mutual economical and logistical satisfaction. But, this study requires more empirical and concrete examination based on the cost & benefit analysis.

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Cooperation for Development of Commercial Dispute Settlement between Korea and China Arbitral Institutions (상사분쟁 해결촉진을 위한 한-중 중재기관간 협력의 과제)

  • Kim Sang-Ho
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.61-91
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    • 2005
  • It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, ADR(Alternative Dispute Resolution) including arbitration and mediation, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, efforts for settlement of trade and investment disputes by ADR have been made between Korea and China through trade and investment agreements and arbitration agreement. Judging from the importance of economic exchange between Korea and Qingdao including Shandong Province, The Korean Commercial Arbitration Board(KCAB) and The Qingdao Arbitration Commission(QAC) should strengthen mutual cooperation to develop efficient methods of resolving commercial disputes arising between the two countries and to assist parties in solving those disputes through conclusion of arbitral agreement. Recently, efforts for conclusion of a Korea-China-Japan Free Trade Agreement(FTA) received strong support at Korea-Japan and Korea-China Summit Meeting held on June and July, 2003 respectively. If the conclusion of FTA among the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. Under the circumstances, the key arbitral institutions including KCAB and QAC should consider to take the initiative in setting up tentatively called ${\ulcorner}$Joint Arbitration Center for Northeast Asia${\lrcorner}$ for which the CAMCA of NAFTA will be the good example.

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A Empirical Study on the International Trade Structure between Korea & China (한/중 무역구조에 대한 실증분석)

  • Choi, Chang-Yeoul
    • International Commerce and Information Review
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    • v.9 no.4
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    • pp.461-482
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    • 2007
  • This Paper will use various analysis tools that have not been used a lot by the existing researches, and also use the statistics of trade until August 2007 to measure and analyze the trade relationship between China and Korea. This study, which is basic study to studies to be conducted later, has been performed to establish effective economic cooperative relations between Korea and China by examining trade structure of the two countries through trade-related indexes. Therefore, this study has academic values as a theoretical study which can explain economic effects of the Korea-China FTA. However, as data used for this study was based on the data of the National Statistics Office in general, this study was executed with realistic limitations owing to lack of local data. I will supplement this later and do my best to conduct a precise study.

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Economic Effects of Korea-Singapore Free Trade Agreement on the Fisheries Sector (한ㆍ싱가포르 FTA 체결에 따른 수산부문의 영향분석)

  • Choi Sung-Il;Choi Hong-Bae
    • The Journal of Fisheries Business Administration
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    • v.35 no.2
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    • pp.71-90
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    • 2004
  • According to this study, overall economic impacts of the FTA between Korea and Singapore upon fish and fishery products of our country were likely to be very small and insignificant. When the tariff on fish and fishery products between the two borders were completely eliminated, if no roundabout exports from other ASEAN countries were practicing, then this study calculated that the increase of imports from Singapore in the 12 chief items was estimated to be only about 250,000kg, which comes to the amount of 1.1 billion won. The 12 items used here account for over 90% imports of fish and fishery products from Singapore. This study also revealed that imports of fish and fishery products from Singapore would be substituted for domestic products more than 100,000kg in the 7 items produced domestically. The substitution effect represents fishermen's demage by replacing domestic products by imports in terms of income which comes to the amount of 438 million won. As the results of the study shows, establishing an FTA between the two countries will not exert so much adverse effects on our fisheries because relative importance of fish and fishery products in both countries are very small. But the contents of the agreement on fish and fishery products between the two countries are very important, as concluding the negotiation and signing the agreement between Korea and Singapore would be a precedent in future negotiations with other asian countries, especially with China and ASEAN countries.

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Empirical Analysis on the Substitutability or Complementary Nature of Export and Import among Korea, China, and Japan (한-중-일 수출입의 대체·보완성에 관한 실증분석)

  • Rhee, Hyun-Jae
    • International Area Studies Review
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    • v.15 no.3
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    • pp.215-237
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    • 2011
  • The paper is basically designed to reveal substitutability or complementary nature of export and import among Korea, China, and Japan by employing unit root test, cointegration technique, and vector error correction model(VECM). Empirical evidences are shown that the trading among these countries has been dominated by a complementary nature in the short run which enables it to promote trading in those countries. In the long run, however, the substitutability nature effects strongly to the trading among Korea, China, and Japan. To this end, it could be tentatively concluded that market-oriented trading policies are more effective to stimulate the export and import in those countries in the short run, while a trading policy has to be selectively implemented by the substitutability nature in the long run basis. For instance, a stability policy for exchange rates and various commercial policies could be set for a short term target. Whereas, the substitutability nature should be counted in building up a new industrial structure or in implementing FTA agreement among Korea, China, and Japan.

An Alternative for Establishing a Logistics Cooperation System among Korea, China and Japan -Focused on Railferry system- (한중일의 물류협력체계 구축방안 -열차훼리를 중심으로-)

  • Cho, Sam-Hyun
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • v.1
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    • pp.225-233
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    • 2006
  • Creating more efficient and effective intermodal transportation service in Northeast range is a critical issue because of more increased trade volume & demand for intermodal service in the world market and geographical barriers associated with goods transportation, especially in Korea, China and Japan. This study examines the possibility of Rail-ferry in Northest area which can provide each countries mutual economical and logistical satisfaction.

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The Effect on Dairy Industry of FTA and the Raw Milk Demand and Supply Outlook (FTA가 유가공업에 미치는 영향과 원유 수급 전망)

  • Shin, Seung-Youll;Kim, Hyun-Joong;Choi, Sei-Kyun
    • Journal of Dairy Science and Biotechnology
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    • v.22 no.2
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    • pp.131-141
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    • 2004
  • The FTA(Free Trade Agreements) are loading the world trade liberalization. Entering into FTA with Chile on 1 Apr 2004, Korea is trying to tie with Singapore and Japan in FTA. It also has a long-term plan for free-trading with China, USA, ASEAN, Canada and India. The portion of the dairy products imported from Chile, Japan and Singapore is under 1% of total dairy product imports. However, in the long run the conclusion of FTA with dairy product exporting countries such as USA, Australia, New Zealand and Netherlands will give a big impact on the dairy industry with abrupt increment in dairy product imports. Especially, whole and skim milk powder imports which are imported on the high tariff rate expect to increase. Furthermore mixed milk powder(Food preparations of goods and other whey powders) imports which domestic price is higher than world market also will dramatically increase. The milk powder stocks have increased since 2002. That made the government carry out some policies. Those include slaughtering milking cow(2002) and terminating the dairy farm enterprise and decreasing in milk production(2003). Also the case of artificial insemination by a Hanwoo fertilized egg has increased with the rise of Hanwoo farm price in 2003. By those reason, it is forecasted that the downward trend in the number of cow will be continued in 2004. It is also forecasted that the raw milk production in 2004 will decrease 4.4% compared to last year due to decreasing in the number of milking cow and raw milk collecting quota.

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Discussion on East Asian Economic Community (동아시아 지역협력강화와 경제공동체 추진에 관한 고찰: 중-일 관계를 중심으로)

  • MIN, Kyoungsik
    • International Area Studies Review
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    • v.15 no.1
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    • pp.195-218
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    • 2011
  • Discussion of Economic Community in East Asia are active. This trend began in the late 20th from the EU and North America's regional economic integration is in response to the movement. East Asia in the late 1990s to the actual for the FTA, it was not very active. As East Asian Economic Community became one of agendas for ASEAN+3 Leaders' meeting since 2004. Japan has been positioned itself as a leading country in East Asia. However, the emergence of China in the East Asian economic community have been changes. Moreover, East Asian countries began concerns over regional economic community with frequent conclusions of FTAs and China is leading the discussion on strengthening economic cooperation in the region. Some of it in terms of economic community in East Asia will not be smooth. First, East Asian countries do not have a common goal. Second, East Asian countries have a lot of diversity. Third, China and Japan are expected to compete in the championship. Therefore, East Asian economic community should be approached in the long-term perspective.