• 무역상무연구
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• 제59권
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• pp.59-78
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• 2013

The interpretation and application of investment treaties takes place mostly by ad hoc tribunals. Their composition varies from case to case. But in interpreting and applying investment treaties are bound to exist on a ground rule and coherent criteria. Given summarizing contents of this study, those are as follows. When interpreting investment treaties, (i) most tribunals is based on Article 31 and 32 of the VCLT, (ii) tribunals rely on previous decisions, (iii) tribunals resort to travaux pr$\acute{e}$paratoires, (iv) tribunals consider the interpretative statement. When applying investment treaties, (i) treaties apply only in relation to acts or events that occurred after their entry into force, (ii) tribunals have applied different inter-temporal rules to jurisdictional clauses and substantive provisions in treaties, (iii) the relevant date for purposes of jurisdiction is the date of the institution of proceedings, (iv) Under the ICSID convention, the host state and investor's nationality must be a party to the convention on the date the proceedings are instituted. This study is expected to possibly become guideline in the interpretation and application standards of investment treaties. So future disputes can be prevented and prepared in advance.

• 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.

• Strategy21
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• 통권38호
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• pp.163-192
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• 2015

This study is intended for the Maritime Boundaries(Baseline) of the Unified Korea. According to the international law, North-Korea is recognized as a nation. Then with unification, the state succession will be a very important issue. Thus we should seek for the expected problems and counter-measures, by analyzing of the State-succession. There is a conflict of the positive or negative reaction about the state succession. However, in general, 'the principle of continuity' has been applied for at the national border treaty, regardless of the type of State succession. This can be found on Article 11 & 12 of the 「1978 Vienna Convention on Succession of States in Respect of Treaties」, Article 62, paragraph 2 of the 「1969 Vienna Convention on the Law of Treaties」, and a series of international case law. Currently it is being understood as customary international law. In summary, although South and North Korea, China, Russia and Japan are not the parties of 「1978 Vienna Convention」, the unified Korea will necessarily have a duty to succeed national boundaries(also, maritime baseline) of North Korea. Specifically, we have an objective and rigorous review of the treaty of maritime baseline that is signed between North Korea and neighboring countries, such as 「National Border Treaty Regime between North Korea and China」 and 「Treaty between the Union of Soviet Socialist Republics and the Democratic people's Republic of Korea on the Demarcation of the Soviet-Korea National Border」. Also, we analyzed 'Historical Bays' and 'Straight Baseline' system. By this, we are able to occupy a favorable position when renegotiating with neighboring countries, at the point of unification.

• 항공우주정책ㆍ법학회지
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• 제16권
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• pp.160-196
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• 2002

In this thesis. I have first introduced and studied Chubb & Son. Inc. v. Asiana Airlines. 214 F.3d 301 (2nd Cir. 2000). which held that at the time that the dispute in this case arose. there was no treaty relationship between the United States and South Korea under the Original Warsaw convention. the Hague Protocol. or a treaty consisting of those provisions of the Original Convention that were not amended by the Protocol. And I have analyzed U.S. government s position that was expressed in Brief for the United States as Amicus Curiae on petition for a writ certiorari to the 2nd Circuit on Chubb & Son case and 2nd Circuit s Fujitsu Limited v. Federal Express Corporation. 247 F.3d 423 (2001) which was held in a related question afterwards but was somewhat inconsistent with Chubb & Son s holding. Furthermore. I also examined U.S. government s measures which have been considered and taken to cope with consequences of Chubb & Son case's ruling. Lastly. I have examined several effects which Chubb & Son s ruling would give our nation s airlines and suggested our government's countermeasures.

• 항공우주정책ㆍ법학회지
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• 제22권1호
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• pp.163-186
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• 2007

Charter flight in international air law has, from very beginning, not precisely defined by the International Civil Aviation Organization (lCAO) since 1947 when it came into being. By practice, the operation of charter traffic is, in its very beginning, the subject to the regulations of national rules and bilateral charter agreements (charter annex clause) within the framework of normal bilateral agreement of international air services. Taiwan had signed a series of bilateral air service agreement under the name of the Government of the Republic of China when Taiwan was recognized by the United Nations and major members of international community as the sole legal government representing China before 1971, but that situation was changed since then. Taiwan has only maintained diplomatic relations with 25 States, but maintained semi-official relations with major powers of the world. The former agreements were signed within the framework of the Vienna Convention on the Law of Treaties of 1969 while the latter agreements were signed within the framework of administrative and civil law of two countries which were not in the form of bilateral treaty signed by two sovereign States in its proper sense of international law. The legal regime of charter flights between Taiwan and Mainland China is regulated by special arrangements negotiated by delegated airlines and airlines association or private law institutions.