• 통상정보연구
• /
• 제9권3호
• /
• pp.323-341
• /
• 2007

International trade conflict has been increased since WTO has appeared. Like this, the cause that the number of international trade conflict has been increased is by means of enlargement of agreements range. But some new facts have been added. They are Anti-dumping, subsidy, Countervailing duty, Safeguard, the norm of intellectual property right, the procedure of permitting importing products, Technical Barriers, agricultural products, and the area of textile. Since Japanese government has decided to give lavor import quarters to China without permission of Korea, Korean government formally presented the system of lavor import quarter to WTO DSB due to WTO agreement disobedience of Japan. Accordingly, this paper has the following purpose; to analyze situation on fiber dispute of Japan. Some methods about trade barrier against Japan need to be solved from another viewpoint owing to lavor IQ dispute.

• 무역학회지
• /
• 제45권1호
• /
• pp.31-45
• /
• 2020

As FTAs are introduced, greater trade between the countries results in more disputes between parties to the agreement. Disputes in international trade have previously been settled mainly through international arbitration. However, with the recent rise in negative aspects of the arbitration system, the international community has begun to seek ways to utilize mediation for replacing the arbitration system. Mediation is a dispute settlement system that helps the parties settle their disputes on their own through negotiations. The UNCITRAL, which seeks to unify and develop international trade law, amended the Model Mediation Law in 2018 and adopted the 'United Nations Convention on International Settlement Agreements Resulting from Mediation' in August 2019 to enable the adoption of the international settlement agreement. This study analyzes the main contents of the 2018 Model Mediation Law and predicts the potential for the development of international commercial mediation as a dispute settlement procedure for future international trade.

• 한국중재학회지:중재연구
• /
• 제14권1호
• /
• pp.61-101
• /
• 2004

Information and communications technologies are affecting an economic and social transformation of all countries. Without exception international commercial dispute resolution systems are faced with change its mechanism to online technology. Dispute parties can seek redress through arbitration other than litigation or mediation. Traditional dispute resolutions do not match the cyber trade environment which is basically pursuit the speed and efficiency in cyberspace. Arbitration other than resolution methods have been considered to be match with the online environment which is including party autonomy, speed and internationally accepted and binding awards. Traditional arbitration, however is lack of time and different physical location relating all parties. So we now think cyberspace as for the resolving place which is online arbitration. Even the parties exist in different space and time they may meet in the same time and space without moving or trips. Nowadays there are many online arbitration service provider serving the resolution of dispute arising with online transaction. In this paper we study the tendency for online arbitration, the recognize uncertain matters and avoiding programs its matters when use the online arbitration between disputing parties under cyber trade environment.

• International Journal of Contents
• /
• 제8권2호
• /
• pp.75-81
• /
• 2012

This study explores the important causal relationship between the public (domestic) and trade (international) disputes of South Korea and China. To understand the relations between the domestic and international disputes, Putnam's study of the two-level game theory has been conducted in order to analyze the effect of complicated social and political frameworks on international trade disputes. Due to the social and political differences between South Korea and China, this study provides three findings based on negotiation, policy, and strategic approaches.

• 한국중재학회지:중재연구
• /
• 제12권2호
• /
• pp.185-220
• /
• 2003

Korean Government is increasingly focusing on the Northeast Asia Business and Logistics Hub strategy to create a competitive advantage. A key element of this strategy is creating or leveraging distribution and logistics hubs that act as centres for distribution in Northeast Asia. A Northeast Asian e-Hub Policy is required for business hub and logistics hub in the Northeastern Asia. An e-Hub is an integrated, sophisticated set of e-Biz, information and e-trade facilities and services that provides access to a marketplace and exchangee the e-trade data. To study the e-Hub policy, Pan Asian e-Commerce Alliance, Korea-Japan e-Trade Hub project, and ASEM e-Trade project are considered. E-trade via cyberspace may need new methods of dispute resolution to reduce transaction costs for small value-related disputes and to erect structures that work well across national boundaries. Voluntary Mediation Councils and cyber tribunals should be encouraged by governmental sectors to continue developing private sector mechanisms to resolve e-trade disputes. Government-sponsored online cross-border dispute resolution systems may be also be useful to complement these private sector approaches. E-trade in Northeast Asia results in disputes owing to the incompleteness of e-trade law in the countries. These disputes contain disputes regarding e-trade model, central title registry, authentication body. To resolve these disputes in the Northeast Asia, a variety of electronic alternative dispute resolution bodies must be organized under cooperation of Korea, Japan, China. This study deals with the e-ADR construction in the Northeast Asia to resolve the disputes in the e-trade and to activate the e-trade in the Northeast Asia.

• 무역학회지
• /
• 제44권4호
• /
• pp.19-34
• /
• 2019

This study investigates the WTO dispute over Japanese fishery products originated from Fukushima and another seven prefectures. Being subject to an import ban and additional radioactive test requirements, Japan complained that the Korean government's trade measures are inconsistent with the principles of the Agreement on Sanitary and Phytosanitary Measures. This paper considered the contrasting judicial decisions made by the Panel and Appellate Body and analyzed the debates with respect to their trade-discriminatory effects (Article 2.4), the relevance of appropriate level of protection (Article 5.6) and the precautionary approaches (Article 5.7). Consistent with the final rulings, this paper identifies the need for a broaden understanding of regional conditions and qualitative aspects of protection in risk analysis. Findings also suggest that Korea has diverted its fishery imports from Japan to other countries, while Japan has created export diversion from Korea to other destinations.

• 무역상무연구
• /
• 제38권
• /
• pp.303-325
• /
• 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.

• 한국중재학회지:중재연구
• /
• 제8권1호
• /
• pp.55-85
• /
• 1998

Each of China, Taiwan, Japan and Korea is in international trade one of the major countries in Asia and has been influenced by the Chinese character culture and the Civil law system. All these countries have their own commercial dispute resolution system for international trade dispute and commercial arbitration mechanism in their countries. They are making their own effort to internationalize and improve their commercial arbitration system. Among these countries China enacted a new arbitration law already. At that time Chinese arbitration law was referred to the UNCITRAL Model Law on International Commercial Arbitration for internationalization of Chinese commercial arbitration system. China also internationalized the panel of arbitrators by increasing the foreign arbitrators of the panel of arbitrators of CIETAC. These measures adopted by China will be the model of dispute resolution and the commercial arbitration system in other major countries in Asia.

• 한국중재학회지:중재연구
• /
• 제13권2호
• /
• pp.263-290
• /
• 2004

Dispute plays a key role in maintaining the desirable performance of trade transaction. Although avoidance of disputes is always a priority, it is also important to prepare methods of dispute resolution which are efficient and economical. So, understanding of chinese dispute resolution system is a necessary requirement for successful business operation with chinese companies. This article analyzed and compared with the ways of trade disputes settlement system such as negotiation, mediation, arbitration and litigation in China in order to help the Korean traders who enter into business with the chinese companies to settle their disputes efficiently. This article suggests that two methods of negotiation and mediation are more likely to be effective than arbitration and litigation to resolve disputes with chinese companies because of problems of enforcement of arbitral award and the uncertainty of China's legal system.

• KDI Journal of Economic Policy
• /
• 제43권1호
• /
• pp.29-52
• /
• 2021

The purpose of this paper is to measure the impact of the recent Korea-Japan trade dispute on the Korean economy using supply-driven input-output analysis. In July 2019, Japan announced the decision to tighten the export control of three materials which are indispensable in the manufacturing of semiconductors and electronic display panels. Japan's decision directly affects production in Korea's semiconductor and display sectors and is hence not a demand shock. For this reason, a standard demand-driven input-output analysis is not valid despite the fact that it can still be applied. The impact of Japan's decision on Korea's aggregate and individual sectors' gross output, GDP and employment were computed using both methods.