• International Commerce and Information Review
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• v.11 no.1
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• pp.441-463
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• 2009

FTA is acting as a central axis to accomplish the worldwide trade liberalization as FTA has been globally spreading with competition. As the global economic depression and the trend of new protectionism are getting grave, and the trade liberalization of GATT and WTO is getting delayed, FTA is spread as an alternative. FTA is often called as RTA: Regional Trade Agreement(regional free trade agreement) which takes place mainly around the neighbor nations or regular districts, and these days, it is tending towards agreements between long distant nations, so, it's not limited to the regular districts. Among the FTA agreement items, in addition to the customs abolition, the opening and investment liberalization of service market like finance, communication etc., intellectual property rights are included in the government's target range. Korea also is actively proceeding FTA conclusion. Korean government has concluded the agreements with Singapore, european nations beginning from Chile concluded in 2003, and is proceeding more the negotiations with Japan, Canada, Mexico, India etc. Now in 2009, FTA of Korea-United States is actually waiting for just the passage of assembly ratification. But, if FTA becomes effective, because our domestic market should be entirely opened, it is expected that the blow against our domestic agricultural field which is weak, compared with that of the United States, a nation of worldwide agricultural products, is not an ordinary one. According to it, we need a whole plan to cope with, so, the purpose of this study is to suggest the strategy by comparing and analysing the Korean agricultural competitive power, and to find the other development stratagem.

• Journal of Korean Library and Information Science Society
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• v.20
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• pp.455-470
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• 1993

In recent years, the intellectual property rights (IPR) are increasingly becoming trade goods and the subject of international trade negotiations. During the past decades, intellectual properties earned critical importance for economic development in both developed and developing countries. Developed countries, headed by the United States, that recognize the economic value of the IPR in the world market are aggressively seeking for universal protection of IPR throughout the world. Intellectual properties have unique qualities that distinguish them from other tangible goods. Most importantly, they are public goods created on the basis of knowledge and information accumulated throughout human history and shared by different cultures. However, there is a growing tendency that the quality of public goods are being etched away as the property concept in IPR expands. In this paper, I discuss how copyright and patent laws incorporated the concept of property right as natural right to one's intellectual creations in early formation of the laws in Europe. I argue that copyright law and patent law are the historical products resulting from political, economic, and ideological factors interacting in a certain society. A history of copyright and patent points to that the intellectual property rights as natural lights of authors and inventors as argued by developed countries in international disputes, are not universal, but unique historical products. Copyright and patent laws have been shaped and developed as regulatory measures by governments to promote and control industries by providing authors and inventors with monopoly incentives. Since property right was used as a regulatory device it was restricted. This is to enhance the distribution of knowledge and information rather than to ensure the property right as an absolute right.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.10
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• pp.783-793
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• 2020

The purpose of this study is to investigate whether the ECFA impacted the efficiency of banks in China and Taiwan from 2008 to 2017. This study follows Seiford and Zhu (2002), who recommend using the standard data envelopment analysis model to measure performance by increasing the desirable outputs and decreasing the undesirables. The finding was that overall technical efficiency increased from 2012 to 2017, reaching 0.575, 0.652, 0617, 0.689, 0.701 and 0.74, respectively. This result implies bank efficiency did indeed improve after China and Taiwan signed the ECFA cooperation agreement. The study found that the mean technical efficiency was 0.8756 in China, greater than Taiwan's mean of 0.3511, implying that Chinese banks experienced a greater increase in efficiency after signing the EFCA. One possible reason explored in this study is that China's economy is currently growing at the highest rate in the world, and the banks' efficiency has benefited from greater economic growth. This suggests that cross-strait sustained negotiations to consummate an agreement on trade in the services will be a very important mission in the future. This result also provides significant evidence suggesting that not accounting for undesirable output while estimating the evolution of the model may seriously distort efficiency results.

• 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.

• Journal of Dairy Science and Biotechnology
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• v.22 no.1
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• pp.61-74
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• 2004

The Korean dairy sector has experienced the negative impact with the market liberalization for dairy products as a result of the UR Agreement on Agriculture. Futhermore the current WTO DDA agricultural negotiation seems to make the greater negative impact on the Korean dairy sector. It is because that the ongoing negotiations on agriculture will likely result in further reductions of domestic support as well as reduction of tariffs and expansion of the market access. Therefore it's time for us to prepare the effective measures coping with the movement of the further dairy market liberalization. The main purpose of the study is to summarize and illustrate some of the major issues in the current WTO negotiation on agriculture. Also the paper presents some policy implications and missions so as to minimize the negative impacts of agricultural trade liberalization on the Korean dairy sector.

• Management & Information Systems Review
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• v.26
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• pp.261-291
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• 2008

The EU holds about 50% of exports and imports in the world trade of services. The insurance markets have undergone a significant consolidation in solvency rule, cross-border registration, and standardized accounts. In the EU-Korea FTA negotiations the EU is interested in mutual certification of qualifications as well as market liberalization of law, finance and distribution and so forth. When the negotiation with respect to the mutual certification of qualifications comes to a settlement, the two countries will drive it in service areas. Korea should examine european certification regulations and improve domestic insurance-related institutions. France is the focal country of the EU. The paper provides a comparative study of insurance markets and agents in France and Korea. The paper argues that Korea should initiate institutional changes and be transformed into an insurance service exporting country for the specialized insurance agents to move to EU countries.

• Asia-Pacific Journal of Business
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• v.1 no.1
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• pp.73-95
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• 2010

European integration is characterized by the development of a transnational European identity, which is considered an integral part of the process. Northeast Asia has no similar projects to address the common identity issue, although cooperation is highly valued there as well. Identity and cooperation both require interdisciplinary approaches combining social psychology, international relations theory and international economics. This article considers the problems of applying existing studies on cooperation and identity as well as the European experience (with the Baltic Sea example) to the case of Northeast Asia. Transnational identities promote cooperation beyond the limits of rationalistic game theory, if countries of the region can define their identities and interests, commit to common goals, create shared discourses and reach a balance between nationalism and internationalism. In view of proposed negotiations on the free trade area between China, Korea and Japan and ongoing discussions about a possibility of introducing a common currency (ACU) it can be crucial to consider the importance of identity building as early as possible, before regional integration meets a stumbling block of egoistic rationality that is a problem in any model of cooperation.

• Ocean policy research
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• v.33 no.2
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• pp.57-82
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• 2018

This study aimed to review the reorganization of fisheries and the future tasks in accordance with the establishment of new fishery order in the Northeast Asian Seas. As the United Nations Convention on the Law of the Sea, which recognized the sovereign rights of Coastal States in a 200-nautical mile exclusive economic zone (EEZ), entered into force in 1994, the three countries of Korea, China and Japan ratified the United Nations Convention on the Law of the Sea in 1996 and started negotiations to establish a new fishery order consistent with the EEZ system. However, a conflict of interest occurred because of differences in fisheries between countries, negotiations many times have proceeded, resulting in the signing of fishery agreement between China and Japan in 1997, Korea and Japan in 1998, and Korea and China in 2000. Each fishery arrangement consists of a dual system of EEZ and provisional waters (middle waters, provisional waters). The two countries are engaged in mutual fishing based on coastal states in EEZ, and in the fishing operation under the principle of flag state in provisional waters. There are overlapping or ambiguous jurisdictions in the intermediate waters and provisional waters that are jointly available to both fisheries. The presence of these seas is a challenge to the establishment of a reasonable international fisheries management system for the entire Northeast Asian Seas. In this context, the challenges of the reorganization of the new fisheries order are as follows: 1) conversion to a fishery order for coexistence of fisheries, 2) expansion to an international fishery management system, and 3) establishment of a multilateral fishery cooperation system. Although the jurisdiction of their own waters has been expanded through the establishment of EEZ according to new fishery order, the need for mutual cooperation grows when considering the movement and migration of fishery resources, fishery management, fish consumption and trade. In addition to the fisheries cooperation between the governments, it is also necessary to revitalize the civil cooperation focused on fishermen who exploit fishing grounds together.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.255-285
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• 2004

After more than 15 years of negotiations, China was finally able to achieve the WTO membership, opening up new trade opportunities for China as well as existing WTO members. China accepted a special safeguard mechanism as one of its WTO- plus commitments. And in response, Korea has since introduced China special safeguard rules, which in simple terms, allows an invocation of safeguard measures against Chinese product imports under more lapse conditions than would normally be allowed under the existing general safeguard rules. China also introduced new safeguard rules in November 2001 in an effort to increase transparency in its operation of safeguard measures. However, the current article contends that the new rules pose a serious threat to free trade in the form of the retaliation provision, which enables China to take unilateral retaliatory actions against safeguard measures on Chinese product imports, It indicates that the provision could be operated in an arbitrary manner as the US Super 301, and lead to infringements of WTO disciplines. This paper indicates that the foregoing elements could lead to mort trade disputes between Korea China regarding safeguard measures and subsequent retaliations on the hills of the so called the Garlic War. The current article goes on to offer policy recommendations toward deterring such disputes. First, it recommends a more active invocation of Korea's own retaliatory provision against China's unilateral actions at least to gain negotiating leverage. Second, it sites problems involving China's still conspicuous state-trading practices, and proposes to raise issues again China to induce more faithful implementation of WTO disciplines Final, it stresses the importance of preventing disputes before they arise, and suggests several specific preventive measures.