• 제목/요약/키워드: Trade in services

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Is CISG Applicable and Suitable in Service Contracts?

  • Kyujin Kim
    • Journal of Korea Trade
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    • 제27권3호
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    • pp.43-64
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    • 2023
  • Purpose - This paper studies whether CISG can be a suitable governing law for pure service contracts. When CISG was first drafted, there was little disagreement on the fact that contracts for the sale of goods and those for the provision of services were two different types of contract. Based on this understanding, CISG explicitly provides that the Convention will apply to contracts where the preponderant part of the contractual obligation is on the sale of goods, not services. However, as more sales transactions have come to include more elements of services, mainly due to the advancement of the IoT industry, the distinction between goods and services became more blurred. Based on the observation of recent changes, some scholars even argue that such a change supports the applicability and suitability of CISG to even pure service contracts. The purpose of this paper is to critically analyze and evaluate their argument. Design/methodology - This paper focuses on two separate but related issues: CISG's 'applicability' and 'suitability' to service contracts. For the first issue, this paper will examine the rules of interpretation of international treaties under the Vienna Convention on the Law of Treaties of 1969, and will apply its rules to find the proper answer. For the second issue, this paper will perform logical and empirical analyses on the reasoning employed by scholars claiming the suitability of CISG to service contracts. Findings - This paper concludes that CISG does not, and should not, apply to pure service contracts. The argument that CISG applies to pure service contracts directly contravenes Article 3(2) of the Convention, which expressly states that it does not apply to a contract wherein the preponderant part of its obligation is about services rather than sales. Similarly, CISG is not a suitable governing law for pure service contracts because it aims provide rules specifically tailored to the needs of transactions of sales of goods, not services. Servitization of sales of goods transaction does not change this conclusion. Originality/value - This paper presents different views from those offered by some eminent scholars on the issue of applicability and suitability of CISG to service contracts. By doing so, it is hoped that the confusion caused in discussions so far are clarified. Hopefully, this paper can also provide practical guidance to practitioners engaged in the fields of international sales, services, and IoT industries.

Trade Scale, Property Types, and Location Environment of Vacation Houses: Examples from Central Japan

  • Shin, Byung-Chuel;Park, Gu-Won
    • 한국환경과학회지
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    • 제25권12호
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    • pp.1701-1715
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    • 2016
  • This study is a basic investigation of the contents and services relevant to the domestic vacation house business. In which, the trade scale, types of housing, and environmental conditions of various property locations were analyzed. The characteristics of properties listed on the Japanese website that conducts the greatest volume of vacation house trade in Japan were examined, and the following results were obtained: Villa areas, villas, and resort condos (resort mansions) are the three basic types of properties handled in the vacation house trade. In this market, sales per unit in villa areas and per spaces in resort condos accounted for the highest volume of trade, followed by that of villas (individual houses). In terms of land area, floor area, and sales price per house type, the relatively cheaper small and medium-sized vacation houses are more frequently traded, than expensive large-scale villas. In particular, small multi-family type villas (such as in resort condos) are the most popular. Land and floor area, and sales prices all show considerable variation depending on the type of property considered. Therefore, a business initiative to provide a more detailed classification of properties is required. In terms of the environment of vacation properties, most are located on coasts, plateaus, or inland mountains, and are generally within three-hours' traveling distance of large cities.

국제해운의 환경규제가 항만 평가에 미치는 영향 (Impact of International Shipping's Environmental Regulations on the Evaluation of Ports)

  • 김성국;이진욱
    • 무역학회지
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    • 제45권6호
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    • pp.99-112
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    • 2020
  • It is no exaggeration to say that today's world economy is dependent on international trade, which is the result of inter-state transactions. As the vast majority of international goods transport is transported by international shipping, interest in the seaborne transport field is natural in international and trade studies. In particular, in the case of international shipping, as it is the basis of typical international transportation, changes in international shipping due to the innovation of technology may have an effect on international trade norms. In this study, as a result of evaluating port preference in a hypothetical scenario by using the Design of Experiments method, bunkering as well as port service, which is traditionally important, was identified as a major competitive factor of future ports. It has been revealed that, above all, the port to respond to the future is the continued importance of port services and the supply of ship fuel. Therefore, port authorities are providing implications that LNG bunkering infrastructure suitable for international environmental regulations is important.

Analysis of Consumers' Choices and Time-Consumption Behaviors for Various Broadcasting and Telecommunication Convergence Services

  • Koh, Dae-Young;Lee, Jong-Su
    • ETRI Journal
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    • 제32권2호
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    • pp.302-311
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    • 2010
  • In this study, we analyzed consumers' choices of various broadcasting and telecommunication convergence services and time consumption for chosen services by using survey data. A multivariate probit model was used to model consumers' choices of various broadcasting and telecommunication convergence services, and an ordered probit model was used to model consumers' time consumption for chosen services. Factors affecting consumers' choices and time-consumption behavior were identified, and simulation results of market competition and substitution were obtained. Based on these results, it was found that for the time being, consumers are highly locked into existing broadcasting services and are likely to become more price-sensitive to the new broadcasting and telecommunication convergence services. Also, the ways in which individual characteristics affect choices and time consumption were found to be very diverse service by service.

관광서비스 부문 WTO 서비스 협상 동향과 우리나라의 대응방안 (A Study on Measures in the Tourism Service Sector of WTO Service Negotiations)

  • 신재기
    • 정보학연구
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    • 제8권2호
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    • pp.121-133
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    • 2005
  • The WTO(World Trade Organization) meetings for service negotiations started in February in 2000. Since then, the member countries have discussed the tourism sector and their expectations and methods of liberalization, based on the proposals they have submitted. The Republic of Korea had already opened hotels and restaurants, travel agencies and tour operator services, and tourist guide services, preceding of WTO service negotiations. However, to comply with the terms of the negotiations, the domestic laws and systems related to tourism should be analyzed according to their adherence to the principles of GATS(General Agreement on Trade in Services), which include market access and national treatment. Thus, the purposes of this study were two-fold: first, regarding the two basic principles of GATS(market access and national treatment), the articles of the administrative laws relating to tourism were examined. Second, proposals from the tourism sectors in the US, Canada, Dominique, EC, Switzerland, and Japan were also summarized and reviewed. Proper responses to service negotiations were proposed based on the results of this analysis. As a result, I can support the GATS classification(w/120) of tourism and the liberalization of tourism in other WTO member countries. I can also support the elimination of obstacles such as economic need tests and nationality requirement. 'Others' category should be considered more carefully according to the competitiveness of the given industry.

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Searching for Best Practices in Developing Ports as Logistics Centers

  • Jun, Il-Soo;Yi, Sang-Won
    • 한국항만경제학회지
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    • 제21권4호
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    • pp.183-207
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    • 2005
  • Global firms are seeking to implement their global logistics strategies in two ways: the use of centralized inventories and/or postponement of final assembly. These strategies stress the importance of regional logistics centers. In most cases, regional logistics centers are located in or near ports so that changing demands can be met with economy, reliability and flexibility, The port can profit not only from the activities of logistics center itself, but also the increasing flow of cargo through the logistics center. A number of ports respond to this trend by shifting their emphasis from traditional cargo-handling services to value-added services. This paper presents guidelines drawn from the best practices of ports to be successful logistics centers to provide many aspects of value-added logistics services. These include: Effective Planning and Development of Logistics Centers; Institutional Incentive Scheme; Development of Free Trade Zones; Financing Infrastructure related to Logistics Centers; Developing Logistics Service Providers and Logistics Professionals; Development of Information Technology; and Regulatory and Administrative Issues. These guidelines will help managers of ports and policy makers of governments in the East Asian region learn to recognize, analyze and adopt the best practices for use.

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장기간 토지피복 변화에 따른 국내 생태계서비스 간 상쇄효과(Trade-off) 분석 (Trade-off Analysis Between National Ecosystem Services Due to Long-term Land Cover Changes)

  • 박윤선;송영근
    • 한국환경생태학회지
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    • 제38권2호
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    • pp.204-216
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    • 2024
  • 생태계서비스 상쇄 효과(Trade-off) 규명과 같이 서비스 간 상호관계를 측정하는 것은 한정된 환경자원을 관리하는 측면에서 매우 중요하다. 이에, 본 연구에서는 약 30여 년간 토지 피복이 변화함에 따라 파생된 생태계서비스 우세경향 및 증감을 파악하고, 시간의 경과에 따라 발생한 생태계서비스 상호 간 관계 변화를 추적하였다. 이를 통해 토지 피복 변화와 생태계서비스 변화 간의 관계 및 지역마다 상이한 서비스 변화의 특성을 규명하였다. 연구는 생태계서비스 평가 모델인 InVEST Model을 주로 활용하였고, 평가결과를 0-1사이로 표준화한 후 차원축소기법 중 하나인 주성분 분석을 거쳐 시계열변화를 관찰하고 서비스 상호 간 관계를 파악하였다. 연구 결과, 시가화 지역 면적은 1989년에서 2019년 사이 급격하게 증가했으며, 산림은 2009년에서 2019년 사이 크게 증가하는 양상을 나타냈다. 1989년에서 2019년 사이에 생태계서비스 공급량에 있어 전국적으로 수량 공급은 13.9% 감소, 질소 저류는 10.5% 감소, 인 저류는 2.6% 증가, 탄소 저장은 0.9% 감소, 대기정화는 1.2% 증가, 서식처 질은 3.4% 감소하였다. 우리나라는 지난 30여 년간 시가화 지역이 증가하고, 농경지가 감소하며, 산림이 증가하는 동안 인 저류 기능과 서식처 질 사이에 상쇄 효과를 보였다. 본 연구는 우리나라의 환경관리 정책이 도시화로 인해 하락한 생태계 질을 향상시키고 생태계서비스를 극대화하는데 기여했다는 결론을 도출하였다. 이러한 연구 결과는 정책결정자들이 지속 가능한 자연환경 보전과 생태계 서비스 제공에 중점을 둔 조림 정책을 수립하고 추진하는 데 도움을 줄 수 있다.

교육서비스의 상업성 논쟁과 발전과제 (Some Discussions on the Commercialism of Educational Services)

  • 박문서
    • 통상정보연구
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    • 제8권3호
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    • pp.43-69
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    • 2006
  • All the factors related in education of Korea are very important in the aspect of economic development. The numbers of students being in school from kindergarten through university approximate a quoter of Korean people. Nevertheless paradigm of commercialism in education has been excluded completely in discussion by the reason of 'educational objective' of education fields in Korea. So Korea's educational services have been confronted with various problems which could hardly be solved, and have lost global competitiveness with the development of globalization. The purpose of this paper is to examine the commercialism of educational services by analysing various social phenomena and government policies relating to educational services in Korea, and to find some alternatives which are able to introduce commercialism on educational fields in Korea. Methodology of this paper depends on the theoretical analysis. Major findings of this study can be summarized as follows: First, notwithstanding that the relative importance of education is the same to that of economy in Korea, the providers of educational services in Korea are against their commercialism problems. Second, it is suggested that the stereotyped idea, that is, the commercialism in educational services be excluded, should be removed above all. Third, in order to improve the competitiveness of educational services in Korea, it is recommended that the commercialism be recognized in a part and various strategies such as the s-SCM, educational service marketing, etc. be introduced. Fourth, we have to prepare for globalization of educational services through making the educational industry to exporting services.

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IPA를 활용한 전자무역 시스템의 서비스 가치평가에 관한 연구 (A Study on the Value Evaluation of e-Trade Platform Services using IPA(Importance Performance Analysis))

  • 이상진;신승만
    • 통상정보연구
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    • 제12권2호
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    • pp.59-83
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    • 2010
  • The purposes of the study is to evaluate the discrepancy between user's expectation and satisfaction degree in the service of uTradeHub. In this regard, this study infers general solutions in order to induce the intersection area using IPA technique. Then this paper will present directions to improve the service of uTradeHub. In terms of methodology, this article disclosed that IPA model approach is greatly useful to evaluate user's attribute. First, variables like the link of different works(f1), trust of system(f4), information connection(f7) are located on the first quadrant. This means that importance and satisfaction are all high variables for user. So, this is very important variables that need continuous administration in order to maintain present state. Second, variables such as the speed of information acquisition(f2), improvement of use(f3), stability of system(f5) are located on the second quadrant. This means that user's importance is high but user's satisfaction is low. Therefore, this area needs an active improvement strategy and quick maintenance for e-Trade application. Third, variables like the appropriateness of information usage fees(f8), easy subscription(f9), customer support service(f10) are located on the third quadrant. Because these variables are all low for user's importance and satisfaction, we have to arrange strong and radical remedy for e-Trade service. Finally, variables like information offer(f6) are located on the fourth quadrant. This means that user's satisfaction is high but user's importance is low. The research result suggests that e-Trade service development would be re-organised as much as user feels the importance of process innovation.

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미국의 일방주의 통상정책 사례에 대한 연구: 자동차 산업을 중심으로 (A Study of the Unilateral Trade Policy of the United States: A Case Study of the Automobile Industry)

  • 박정준;강민규
    • 무역학회지
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    • 제43권3호
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    • pp.47-74
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    • 2018
  • 미국은 20세기 GATT와 WTO 설립에 크게 기여하며 자유무역국가로 인식되어 왔다. 그러나 2017년 트럼프 행정부 출범과 함께 '미국 우선주의'(America-First) 정책 노선과 그 과정에서의 교역상대국에 대한 일방적인 통상압박으로 신(新)통상기류에 대한 우려를 확산시키고 있다. 하지만 미국은 역사적으로도 자국의 이해관계가 큰 산업 군에 대해서는 일방주의 통상정책을 활용해 왔는데, 대표적인 예가 일본 및 한국의 자동차 산업과 관련된 것이다. 본 논문에서는 자동차 산업을 중심으로 미국의 일방주의 통상정책 사례를 일별한 뒤 향후 미국의 또 다른 주력 산업인 IT, 지적재산, 서비스, 농축산물과 관련해 재연될 소지가 있는 본 정책 노선에 대해 지적하고 이에 대한 시사점을 도출하고자 한다. 또한, 미국이 상기 일방주의 통상정책으로 기대했던 결과를 달성 했는지에 대한 검토와 평가도 함께 고찰한다.

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