• 수산경영론집
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• 제39권2호
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• pp.81-108
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• 2008

Since the declaration made by UN Convention on the Law of the Sea on EEZs, The open seas of Northeast Asia, considerd as a convention area, needed new agreements in conformity with the changes brought by the introduction of the Exclusive Economic Zone(EEZ) system. The Contracting Parties of these agreements set up their own EEZs, which extend certain ranges from their baselines, Fishing in the other party's EEZ is done based on mutual agreements, which take into account traditional fishing activity in the zones. Seperate fishries management systems, in accordance with the relevant legal status of the waters, are applied to individual overlapping areas: Middle Zone in the Bast Sea and the waters south of jeju Island, Interim Measure Zone in the Yellow Sea and East China Sea, and the Transitional Zone in the Yellow Sea. They decided to conclude fisheries agreements as the provisional agreement under Article 74(3) of the UN Convention before the delimitations of the EEZs to avoid the territorial disputes. China and Japan concluded the Fishries Agreement in the November 1997, allowing each coastal State 52 mile EEZ. it was followed by Korea and Japan in September 1998, reaching a final compromise. And also Korea and China came to a satisfactary settlement in November 1998. Fisheries agreements have been established between the three North-east Asian States, the agreement are all bilateral. That implies inefficient resource management on the overlapping waters of the three states, especially on the East China Sea. The Korea-Japan Fisheries Agreement and the China-Japan Fishery Agreement worked as governing rules in the North-east Asian seas before the establishment of EEZs (Exclusive Economic Zones). However the conclusion of the bilateral fishery agreements, Korea China and Japan have developed EEZs, and these three countries have competed for the exploitation of fisheries resources. Therefore, the issue of fisheries resource management was no longer a single countries' problem and emerged as a common issue facing these three countries. In recognition of the above-mentioned problem, it is needed for the construction of cooperative System fishery management in the North-east Asian seas. Therefore, cooperative measures should be establishied. The final goal of the construction of fisheries management cooperative system is to establish sustainable fisheries in the North-east Asian seas. However, there is a big difference in fisheries management tools, fishing gear, exploitation rate of species, etc. This implies that a careful approach should be taken in order to achieve the cooperative fisheries management among Korea, China and Japan. conclusionly, the Governments of Korea, China and Japan should complement three bilateral agreemens, and which they prepares to 'Fisheries Resource Restore Program' Between Korea, China and Japan in the adjacent waters south of Jeju Island.

• 환경정책연구
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• 제5권4호
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• pp.107-126
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• 2006

위협으로 뒷받침되는 강제된 자발적 협약은 정부가 원하는 재활용 목표를 최소비용으로 재활용할 수 있게 한다. 이 논문에서는 재활용에 관한 정부와 산업계의 자발적 협약을 경기(game)상황으로 이해하고 경기의 균형이 존재하는지 그리고 그 균형은 관련 산업 전체의 비용최소화를 보장하는지 검토하였다. 먼저 업계 전체를 당사자로 하여 대표인 협회와 정부 간의 쌍무 협약에 있어서 협약 참가자의 전략을 검토하고 업계의 비용최소화 전략이 Nash 균형 (SPNE)인지 여부를 판정함으로써 정부에서 기대하는 비용최소화 조건을 충족시키는지 검증하였다. 다음에는 협회와 회원 기업 간의 다자간 협약을 바탕으로 무임승차가 존재하는 경우와 그렇지 않은 경우로 나누어 개별 기업의 비용최소화 전략이 어떻게 균형을 가져오게 되는지 검토하였으며 마지막으로 이러한 이론적 분석결과가 현실의 정책평가에 어떻게 활용될 수 있는지 그 가능성을 검토하여 보았다.

• 한국중재학회지:중재연구
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• 제17권2호
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• pp.141-165
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• 2007

This study aims to make a contribution to the promotion of trade and economic development of South Korea, and, at the same time, call attention to the increasing trend of investment agreements concluded within Free Trade Agreements (FTA) by examining theoretically FTAs and dispute resolution and investigating systematically the conclusion procedure of agreements, and the system, institutions, and jurisdiction of dispute resolution, and presenting these findings to the government and investors involved. The most problematic aspect in the legal process of arbitration involving disputes over investment is that of arguments concerning the right of jurisdiction. When a dispute arises, even though an investor files for arbitration at an ICSID institution, the parties become involved in another energy-consuming argument even before proceeding to the hearing and decision of the original plan in cases in which the respondent of the dispute files an objection to the decision rights of the arbitral tribunal. As the main basis for this type of plea, the point of non-existence of jurisdiction is first raised where the applicable dispute does not fall under the range of investments defined in individual investment contracts or investment agreements such as a Bilateral Investment Treaty (BIT). To avoid an open-ended definition of investment for the range of investments, articles concerning investments in the FTA and NAFTA between Canada and the USA adopt the limited closed-list method. Article 96 of the FTA between Japan and Mexico applied the same abovementioned method of limited form of definition regarding range of investments and concluded BITs between member countries of APEC applied a similar method as well. Instead of employing the previously used inclusive definition, the BITs concluded between countries of Latin America and the USA are equipped with limited characteristics of an investment. Furthermore, to correspond with this necessary condition the three following requirements are needed : 1) fixed investment funding; 2) expected profits resulting from such investments; 3) and the existence of fixed risk bearing.

• 대한치과의사협회지
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• 제58권3호
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• pp.140-151
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• 2020

Purpose: To evaluate reliability of Q-ray view (Aiobio Inc,. Seoul, Korea) for assessing retention status of pit and fissure sealants. Methods: Pit and fissure sealants of 58 permanent molars from 15 third-grade students were examined. Posterior teeth with ≥1 pit and fissure sealants applied to the occlusal surface for >6 months were examined. The teeth were examined using traditional visual-tactile assessments and combined Q-ray view. Pit and fissure sealants were evaluated by assessing marginal plaque, marginal discoloration, marginal integrity, retention, and presence of caries. Fleiss kappa and Cohen's kappa values were calculated to compare inter- and intrarater agreements between visual-tactile and combined Q-ray view assessments. Results: Regarding interrater agreement in visual-tactile assessments, K values of Cohen's kappa for marginal plaque, marginal discoloration, and presence of caries were 0.22-0.57, 0.36-0.57, and 0.43-0.61, respectively, and agreements ranged from slight to moderate. When combined with Q-ray view, the values were 0.81-0.89, 0.69-0.88, and 0.80-0.90, respectively, and agreements ranged from substantial to nearly perfect level, indicating statistical significance. Marginal plaque (0.81-0.83), marginal discoloration (0.57-0.89), and presence of caries (0.69-0.91) showed higher agreements in combined Q-ray view than in visual-tactile assessments, and kappa values of marginal plaques were significantly higher in combined Q-ray view than in visual-tactile assessments. Conclusion: Evaluating retention status of pit and fissure sealants using Q-ray view showed higher reliability than using visual/tactile assessments for marginal plaque, marginal discoloration, and presence of caries. Therefore, Q-ray view may be used to assess the retention status of pit and fissure sealants.

• 아태비즈니스연구
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• 제12권2호
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• pp.187-203
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• 2021

Purpose - The purpose of this study is to analyze the effects of non-tariff barriers on the Free Trade Agreement. Currently, it has achieved significant export effects by signing free trade agreements with many countries in Korea. However, most countries have implemented non-tariff barriers to protect their industries. This study analyzes the effects of non-tariff barriers in counterpart countries that have signed a free trade agreement. Design/methodology/approach - For analysis, first, prior studies were summarized, and second, the current status of free trade agreements and non-tariff barriers were identified. And, based on the current situation, the relationship between non-tariff barriers and export volume was analyzed. The targets of analysis are the United States, China, and Vietnam, which are Korea's three largest exporters. As for non-tariff barriers, anti-dumping tariffs, countervailing tariffs, and emergency import restrictions were analyzed as import regulatory measures. Findings - In the case of the United States, it can be seen that the decline in textiles, steel and electronics sectors is even greater. In the case of China, it can be seen that exports declined after imposing non-tariff barriers in the steel sector. Finally, it can be seen that exports declined after Vietnam implemented a non-tariff barrier on the steel sector. It was found that non-tariff barriers offset the effects of the Free Trade Agreement. Research implications or Originality - Currently, Korea has free trade agreements with numerous countries. However, after the free trade agreement entered into force, the number of annual average import regulation investigations for Korean products is on the rise. In the end, the implementation of non-tariff barriers is offsetting the effects of free trade agreements. Therefore, when signing a free trade agreement, it is necessary to thoroughly prepare for import regulatory measures such as the insertion of provisions of non-tariff barriers.

• Journal of Korea Trade
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• 제27권5호
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• pp.153-166
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• 2023

Purpose - This research empirically analyzes the influence of economic policy uncertainty and free trade agreements (FTAs) on bilateral trade volumes between Korea and its trading partners. The study investigates whether fluctuations in the Economic Policy Uncertainty Index (EPUI) for both Korea and its trading partners significantly impact trade volumes and whether the implementation of FTAs mitigates these effects. Design/methodology - The study employs dynamic panel data analysis using the system generalized method of moments (system GMM) estimation method to achieve its research objectives. It utilizes country-month-level panel data, including the EPUI, trade volume between Korea and its trading partner countries, and other pertinent variables. The use of system GMM allows for the control of potential endogeneity issues and the incorporation of country-specific and time-specific effects. Findings - The analysis yields significant results regarding the impact of economic policy uncertainty on Korea's exports and imports, particularly before the implementation of FTAs. An increase in the EPUI of trading partners leads to a notable increase in Korea's exports to them. Conversely, an increase in Korea's EPUI negatively affects its imports from trading partners. However, post-FTA implementation, the influence of each country's EPUI on trade volume is neutralized, with no significant difference observed. Originality/value - This research contributes to the existing literature by providing empirical evidence on the interaction effects between economic policy uncertainty and FTAs on bilateral trade volumes. The study's uniqueness lies in its examination of how FTAs mitigate the impact of economic uncertainty on trade relations between countries. The findings underscore the importance of trade agreements as mechanisms to address economic risks and promote international trade relations. In a world where global market uncertainties persist, these insights can aid policymakers in Korea and other countries in enhancing their trade cooperation strategies and navigating challenges posed by evolving economic landscapes.

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.77-95
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• 2007

This article focuses on the history and evolution of the US court's attitude towards unilateral arbitration and dispute resolution clauses, but also considers the practical approach of national courts to theses clauses. It goes on to consider some potential pitfalls in the operation of unilateral clauses, which should be borne in mind when developing a strategy for bringing or defending a claim which falls within the scope of a unilateral clause. There can be few objections to the general validity of unilateral arbitration clauses. The principle of party autonomy is the driving force behind international arbitration and, provided it is tolerably clear that the parties intended the arbitration clause to operate unilaterally, courts should be reluctant to interfere with the parties' agreement. There are also no persuasive public policy reasons why such clauses should not be upheld in commercial agreements. In addition to the issue of whether such unilateral clauses are permissible under certain law, it is important to be aware of how they should properly operate in practice, that is, useful guidance on the subject of the proper operation and effect of such clauses where they are intended to be used to enable a party to decide whether, and in what circumstances, a claim should be referred to court or to arbitration.

• 자원ㆍ환경경제연구
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• 제24권2호
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• pp.251-281
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• 2015

This paper examines the perceptions of sustainability, which is conceptualised as cross-generational social preferences, on the formation of international environmental agreements (IEAs) in a two-stage game in two periods. There are two scenarios are considered: myopic and sustainable development scenarios. The myopic scenario assumes the decision makers only concern the present welfare. Whilst the scenario of sustainable development has two characters: cross-generational fairness and altruism. When both are taken into account, a coalition will be expanded. The numerical example indicates that the marginal cost of the total emissions is the crucial factor for the formation of IEAs. Only when the marginal cost is low, a sustainable system can be succeeded. While, the technological advancement may lead to a more efficient production per unit of emissions, it also encourages countries to emit more in total and have a lower level of welfare. The results confirm the importance of sustainability to IEAs. The lesson learnt from this study is: when decision makers are myopic, the system is unsustainable even if an IEA is formed. Only when the perception of sustainability is considered, the system could be sustainable. Regardless of the existence of IEAs, international environmental conventions shall not neglect the fundamental goal to pursue sustainable development.

• 한국문헌정보학회지
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• 제50권4호
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• pp.143-164
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• 2016

도서관에 소장된 인쇄 저널의 복제 및 전송과 관련된 상호대차형 원문복사서비스는 각국에서 저작권법으로 규율하는 것이 일반적이지만 라이선스 계약과 원격 접근에 의해 이용되는 전자저널을 도서관에 소장된 자료와 마찬가지로 상호대차형 서비스로 제공할 수 있는지는 쉽게 단언하기 어렵다. 이 연구에서는 출판사 및 정보 공급사와의 라이선스 계약에 의한 전자저널이 저작권법에 의해 도서관들이 상호이용 할 수 있는지 확인하고 현재 국내에 제공되고 있는 전자저널 패키지에 대한 라이선스 계약서상의 조건을 분석하여 전자저널의 상호대차형 원문복사서비스 방안을 모색하였다

• 자원ㆍ환경경제연구
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• 제27권2호
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• pp.363-397
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• 2018

We study the impact of loss-aversion and the threat of critical damages from insufficient pollutant abatement, which we jointly call threshold concerns, on the outcome of international environmental agreements. We aim to understand whether concerns for a critical level of damages induce cooperation among countries faced with the well-known free-riding problem, and yield sufficient emission reductions to avoid exceeding the threshold. Specifically, we focus on loss-averse countries negotiating under the threat of either high or low environmental damages. Under symmetry, when countries display identical degrees of threshold concern, we show that such beliefs have a positive effect on reducing the emission levels of both signatories to the treaty and non-signatories, leading to weakly larger coalitions of signatories than in the absence of reference dependence. We then introduce asymmetry, by allowing countries to differ in the degree of concern about the damages. We show that stable coalitions are mostly formed by the countries with higher threshold concerns. When enough countries exhibit standard preferences, the coalition size may diminish, regardless of the degree of concern by the others.