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한.일, 한.중 어업협정의 체결에 따른 해양관할권행사의 문제점에 관한 고찰 (A Study on the Controversial Point of the Jurisdiction from the New Fishery Agreements between South Korea and Japan and between South Korea and China)

  • 이평현
    • 해양환경안전학회지
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    • 제6권1호
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    • pp.99-109
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    • 2000
  • The United Nations Convention on the Law of the Sea(hereinafter referred as "the Law") adopted in 1982 was enacted on November 16, 1994. South Korea, China, and Japan signed and ratified the Law, respectively. These three countries announced their domestic laws relating to Exclusive Economic Zone(EEZ) with reserving their applications. The enactment of the Law and announcement of EEZ inevitably brought new order on the seas. The New Fishery Agreement based on the Law with EEZ was concluded between South Korea and Japan and ratified by each country′s parliament. Another New Fishery Agreement between South Korea and China is also going to be concluded in near future. The New Fishery Agreements, however, do not include regulations relating to the marine scientific research, the protection of the marine environment, and so forth, which are essential for the States to fully implement the Law According to the New Fishery Agreements, it is impossible for the Coastal States to excercise their jurisdiction. Because the agreement of delimitation ocean boundaries among the three countries are not easy to settle, provisional agreements can only be concluded. Thus, many problems including the sovereignty over Dok-do between South Korea and Japan and delimitation of EEZ between South Korea and China can be arose anytime. This paper investigates the problems and possible counter measures in legal excercise on the seas by South Korean Government. The above mentioned problems introduced by the New Fishery Agreements include potential problems in the Middle Sea Zone, Provisional Zone, and so forth. In this paper, only the legal aspect of the Zones will be discussed excluding the law enforcement and the economic aspect of the Zones.

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환경보호(環境保護)를 위한 국제통상규제(國際通商規制)의 합법성(合法性) (The Legitimacy of Trade Measures for Environmental Protection)

  • 이신규
    • 무역상무연구
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    • 제12권
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    • pp.615-641
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    • 1999
  • Trade and the environment emerged as a major and complex issue for trade negotiators in the final stages of the Uruguay Round negotiations. The agreements and other international measures employing trade measures and trade sanctions for achieving global environmental objectives are Vienna Convention on the Protection of the Ozone Layer(1985), the Montreal Protocol on Substances that deplete the Ozone Layer(1987), The Framework Convention on Climate Change(1992), the Convention on Biological Diversity(1992), the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal(1992), the Convention on International Trade in Endangered Species of Wild Faunna and Flora(1975), the Rio Declaration, the Agenda 21, etc. The texts of the World Trade Organization(WTO) incorporated certain provisions which were designed to reflect some of the environmental concerns are Trade-Related Aspects of Intellectual Properity Rights(TRIPs), Trade-Related Investment Measures (TRIMs), the General Agreement on Trade in Services(GATS), and Technical Barriers to Trade(TBT) There is the possibility of conflict between multilateral environmental agreements and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility, especially between countries which are Member of WTO and which are not Members of the relevant multilateral environment agreements, and countries which are Members of both the WTO and the relevant MEAs. Measures taken under the trade-related provisions of MEAs could potentially give rise to conflicts under obligations arising in WTO texts. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms and vice versa. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority. However, such measures should neither constitute a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Also any trade measures taken should be necessary to prevent developments in trade from endangering the effectiveness of an MEA and they should be proportional and least trade restrictive.

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지역무역협정(RTA)과 국가 간 무역량 결정요인 분석 (The Relation between Trade Volume and Regional Trade Agreements)

  • 안소영;배연호
    • 무역상무연구
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    • 제72권
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    • pp.139-160
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    • 2016
  • Using the gravity model, this paper analyzes empirically how the world trade in goods is affected by regional trade agreements(RTAs) which have been spreading rapidly since the mid-1990s. This paper attempt to do the panel data analysis about 174 countries during the period of 1994-2008. These panel data include 157 RTAs. It is meaningful that this paper uses comprehensive data to analyze the net effect of regional trade agreements on the global trade volume. This provides a clue as to the answer to the stumbling block debate raised early in the regional trade agreement. Also, confirming how the participation of the WTO affected the trade volume among the member countries, the WTO-related dummy variables are additionally introduced to this gravity model. And as far as we know, the state system-related variables is first considered in this model. This variable reflects the social and cultural environments of countries as the proxy variable representing the sociocultural homogeneity. In all regressions, joining to the WTO and consistency of the state system have a positive effect on increasing the trade volumes between countries. According to the analysis of RTA trade effects, RTAs, on average, increase the volume of trade within the RTA region by 27%~37%, and decrease the volume of trade between the regional and the non-regional nation by 1.2%~3.4%.Therefore, the net effect of regional trade agreements on the promotion of global welfare is positive. For robustness check, we also introduce the interaction term of the dummy variable which reflects the RTA tightening and the continuous variable which reflects the distance effect. As a result, the RTAs alleviate the trade-decreasing effect which is caused by the distance between the countries.

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기초과학연구의 연구사업비 모형설정 (A Cost Model for Basic Research Grants and Cooperative Agreements)

  • 조성표;권선국;황준영
    • 기술혁신연구
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    • 제7권1호
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    • pp.151-175
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    • 1999
  • This study develops principles for determining and managing costs applicable to grants and cooperative agreements for basic research. We investigated financial management policies of funding agencies and foundations in the United States, United Kingdom, Canada, Germany, Japan and Korea. Also we surveyed opinions of researchers and research fund administrators in Korean universities. Based on our review of funding agencies and our survey, the recommended management policies for grants and cooperative agreements are as follows: (1) Cost Structure. Cost of a sponsored agreement is comprised of the allowable direct costs and allocable portion of the allowable indirect costs. Direct costs can be further divided into salaries and wages, equipment, and other direct costs. (2) Salaries and Wages. Salaries and wages applied to a grant are paid for services rendered to the project during the period of performance of the particular agreement. In order to give researchers financial incentive, researcher allowance can be paid up to 30% of his/her regular salary. (3) Equipment. Any property purchased with grants which has an acquisition cost of 5,000,000 won or more per item and a normal life expectancy of two years or more is defined as equipment. Expenditures for special purpose equipment are allowable provided the acquisition of items is necessary for the research supported by the grant. (4) Other Direct Costs. Other direct costs are comprised of travel (both domestic and foreign), materials, other costs. Other costs may not exceed 30% of total other direct costs. (5) Indirect Costs. Since there is no clear consensus on indirect costs and additional budget is necessary to support actual indirect costs, the practical policy at the moment is to give a research support expense in lieu of indirect costs. In the future, however, some form of actual indirect costs should be supported. This study develops principles for determining and managing costs applicable to grants and cooperative agreements funded by the Ministry of Science and Technology. This research can be applied to other governmental agencies to give consistency and uniformity in administration of grants and cooperative agreements.

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디지털 무역협정의 예외 조항 및 사례 연구: 정당한 공공정책 목표를 중심으로 (Legitimate Public Policy Objectives of and Exceptions to Digital Trade Agreements)

  • 김진규;김동영
    • 무역학회지
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    • 제48권4호
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    • pp.285-301
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    • 2023
  • 디지털 무역의 핵심 주제인 정보의 국경 간 이동은 주요 통상국의 시장지배력을 강화하고, 개인정보 보호 등을 위해 정당한 공공정책 목표 달성이 필요한 경우 예외적으로 인정되고 있다. 본 연구는 WTO 주요 협정의 공공정책과 분쟁사례를 분석하고, 디지털 무역협정의 정당한 공공정책 목표의 개요 및 쟁점 분석을 통하여 WTO 다자간 규범을 중심으로 국제통상환경에 적합한 무역 규범화의 올바른 방향 및 시사점에 관하여 살펴보고자 한다.

특약매입과 콘사인먼트 비교분석 (A Comparative Analysis of Teukyakmeip and Consignment)

  • 김동호;김성수;정명희;윤명길
    • 유통과학연구
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    • 제12권4호
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    • pp.5-9
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    • 2014
  • Purpose - The purpose of this study was to compare and contrast the applicability and effectiveness of both teukyakmeip contracts of Korea and consignment contracts of the United State to demonstrate the effectiveness and practicability of teukyakmeip in Korea. These are popular contract agreements between large retailers and their suppliers and vendors. In recent years, teukyakmeip was critically examined and scrutinized by the politicians, the media, and the public of Korea. Consequently, this paper focusesheavily on identifying and analyzing different types of contract agreements between large retailers and their suppliers that currently exist in Korea and compares and contrasts those analyzed contract agreements with teukyakmeip. The article also comparesand contrasts teukyakmeip with the consignment agreements of the United States to identify similarities and differences. Research design, data, and methodology - This study is a descriptive study and has used personal interviews to collect and analyze the data. This study also fits the definition of the case study wherein it is entirely focused on investigating a real-life event: analyzing and examining contract agreements in the distribution industry. Both randomly selected management and vendor representatives from the three major department stores, Lotte, Hyundai, and Shinsegae, in Korea were interviewed between July and September 2013. The analysis of the consignment agreement was conducted based on existing secondary data. Results - Although the evidence of the abuse of teukyakmeip and consignment by large retailers from both countries clearly exists, the findings suggestthat both contract agreements would remain as the most relevant and effective legal contracts between large retailers and their suppliers. Based on the comparisonanalysis of teukyakmeip and consignment, both contracts indicated that suppliers are fully responsible for inventory and inventory management. If sales person is necessary for promoting special product, then suppliers are responsible for providing a sales person and their wages under both contracts. However, American department stores, those located outside urban area, tend to use their own employees to perform special product and sales promotion. The retailersare fully responsible for any interior or floor design or redesign of the retail store to accommodate the products from vendors under consignment; however, both suppliers and retailers share the cost of designing and redesigning the interior to accommodate vendors'products under teukyakmeip. Suppliers are responsible for pricing and supplying the quantity of the products under both agreements. Both contracts allow special sales commission as long as vendors agreed. Vendors use this special commissionto introduce their new products or apply market penetration strategy. Conclusions -The findings of this study showed the changing pattern of contract agreements between large retailers and their suppliers from both countries. Furthermore, this study evidently generated policy implications of teukyakmeip which recently became the major social issue in Korea and attracted many policymakers to gain political points by criticizing the teukyakmeip system and the large retailers. The findings of the study would be valuable to policy makers in making appropriate decisions and to large retailers and vendors in making beneficial agreements. The major implication of this study is that teukyakmeip and consignment agreements include very similar or almost identical characteristics, and they are popular among department stores and suppliers. The issue of abolishing teukyakmeip in Korea needs to be examined cautiously because teukyakmeip is the best one available at the moment, and the study suggests that no one benefits from abolishing this system.

Assessing Liberalization and Deep Integration in FTAs: A Study of Asia-Latin American FTAs

  • Wignaraja, Ganeshan;Ramizo, Dorothea;Burmeister, Luca
    • East Asian Economic Review
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    • 제17권4호
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    • pp.385-415
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    • 2013
  • Inter-regional free trade agreements (FTAs) - notably between Asia and Latin America - are growing in numbers and complexity. There is an absence of an agreed methodology for empirical assessments on the content of FTAs and little research. This paper proposes a framework to assess liberalization in FTAs in goods and services and new trade policy issues relating to regulatory barriers. Next, it applies this framework to studying the 22 Asia-Latin America FTAs in existence. The findings suggest that Asia-Latin American FTAs have laid the foundations for inter-regional integration by liberalizing the trade in goods and services and reducing some regulatory barriers. Deepening FTAs and adopting structural reforms will enhance Asia-Latin American integration in the future.

어획량 분석을 통한 배타적 경제수역(EEZ) 불법어업 단속 효과 (The Effect of Regulation on Illegal Fishing with Analysis of Catch in EEZ)

  • 장덕종;최명수
    • 해양환경안전학회:학술대회논문집
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    • 해양환경안전학회 2006년도 춘계학술발표회
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    • pp.185-193
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    • 2006
  • 본 연구는 어업협정 체결 이후 EEZ의 어업관리를 위한 노력이 어느 정도 성과를 보였는지를 파악하고자, 한 중 및 한 일 EEZ 어장을 중심으로 어업협정 이후의 어업환경 변화, 협정 이행에 따른 어업 생산성 변화, 협정 위반 실태 등을 검토하여 적극적 어업관리의 필요성을 제기하였다.

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생명제약 기술 라이선스 경상로열티 추정에 관한 연구 (A Study on the Estimation of Running Royalty of Biopharmaceutical Technologies in Licensing Agreements)

  • 성웅현
    • 지식경영연구
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    • 제11권1호
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    • pp.37-50
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    • 2010
  • Bioharmaceutical technologies have consistently been areas in which large licensing agreements have been negotiated. However, there are very limited informations in the open literature on how its running royalty rates are determined and no specific methods are yet provided. The purpose of this study is to suggest an appropriate method for the estimation of running royalty of bioharmaceutical technology in licensing agreements. Here distribution of risk-adjusted operating margins are obtained by simulation using statistics of success rates in the stage of clinical trials and profit margins. Three factors based on technology, business and license legal terms are considered and combined as licensing competitiveness level. Finally, reasonable running royalty is estimated by combining simulated distribution and licensing competitiveness level. This suggested method is expected to practically useful for licensor to establish an appropriate running royalty rate for licensing.

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Sensitive Sectors in Free Trade Agreements

  • Deardorff, Alan V.
    • East Asian Economic Review
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    • 제22권4호
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    • pp.403-425
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    • 2018
  • This paper documents the presence of "sensitive sectors" in Free Trade Agreements, defined as sectors for which the within-FTA tariffs remain positive. The paper includes some brief theoretical discussion of the welfare implications of these, but the main emphasis is on reporting two measures of this phenomenon for countries in FTAs that entered into force between 1994 and 2003. One measure is the percentage of tariff lines that remain dutiable, and the second is the change, from before the FTA to after, in the average maximum (across 6-digit products) positive tariffs. Both measures are derived from data in the UNCTAD TRAINS database, and are then related to measures of country characteristics that might explain them. Low per capita GDP countries tend to have larger fractions of dutiable tariff lines, while higher income countries tend to post larger increases in average maximum positive tariffs. Both suggest that the favored treatment of sensitive sectors is undermining the potential gains from trade that FTAs could provide.