• 무역상무연구
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• 제44권
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• pp.239-255
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• 2009

The purpose of this article is to examine the Utilization of Umbrella Clauses in Investor-State Contract Disputes. To accomplish the purpose, this article analyzes the ICSID case of SGS v. Pakistan and SGS v. Philippines. Umbrella clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. In particular, two recent ICSID decisions, SGS v. Pakistan and SGS v. Philippines, have brought to the forefront the question of whether the umbrella clause applies to obligations arising under otherwise independent investment contracts between the investor and the host State. In focusing on the SGS decisions, this article will give some useful guidelines to Government and Academia under currently prevailing environment of the Free Trade Agreement("FTA") in Korea.

• 수산경영론집
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• 제48권4호
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• pp.45-66
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• 2017

Although the main objective of Free Trade Agreements (FTA) is market integration among member countries, there are limited studies supporting this impact. Our study explores whether FTA has enhanced market integration between South Korea and its FTA partners, focusing on South Korea's fishery product import market. We investigate two research questions concerning FTA impacts: first, whether trade costs declined when South Korea imported fishery products from its FTA partners after the FTA; second, if the speed of the convergence of South Korea-its FTA partners'price differential of imported fishery products on trade costs result to occur more quickly after the FTA. To determine these outcomes, we utilize a Threshold Autoregressive Model covering the sample periods from January 2002 to April 2017. Our findings demonstrate the effects of FTA on market integration are different among FTA partners. FTA has enhanced the market integration between South Korea and Norway, Vietnam, and Spain, respectively, but not for others. Therefore, we find positive evidence of FTA on fishery import market integration between South Korea and Norway, Vietnam and Spain, respectively.

• 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.

• East Asian Economic Review
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• 제22권2호
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• pp.177-215
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• 2018

Trump's withdrawal from the Trans-Pacific Partnership (TPP) and his "America First" trade agenda ignite a second round of interest in mega-free trade agreements in the Asia-Pacific. Countries are evaluating alternative trade policy actions in a post-TPP era. Using national real GDP gains estimated by a modified GTAP model to construct "preference ordering" for 10 Association of Southeast Asian Nations members and their six regional dialogue partners, this paper comes up with several policy-oriented findings. First, when multilateral agreements are not possible, countries are better off with a regional trading agreement than without one. Second, the Regional Comprehensive Economic Partnership is likely to have higher beneficial impacts than the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. Third, for dual-track countries, implementing both agreements is better than each separately. Fourth, impacts of open regionalism are likely to be higher than those of a closed and reciprocal one. Going forward, this paper argues that countries should adopt a "multi-track, multi-stage" approach to trade policy.

• 조명전기설비학회논문지
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• 제16권6호
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• pp.109-118
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• 2002

정보화 사회가 급속히 확산됨에 따라 국내외 비즈니스 환경 역시 급변하고 있다. 또한 분명한 서비스 품질 향상과 신뢰성의 확보를 위하여 국내외 IDC 사업자는 SLAs(Service Level Agreements) 제도를 시행 또는 추진하고 있다. 인터넷 서버, 계통 및 UPS등에 의한 전원품질은 인터넷 서비스 품질을 결정짓는 주요한 요소의 하나가 되고 있다. 따라서 본 논문에서는 국내 IDC의 고조파 실태를 측정 분석하였고, 다상화(Multi-Phase)를 통한 고조파 저감 효과를 검증하였다.

• 중국학논총
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• 제72호
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• pp.101-122
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• 2021

Over the past 20 years, labor standards have been widely used in free trade agreements. The U.S., the European Union and China have all aggressively signed free trade agreements with their trading partners, developing different styles on labor standards. According to the study, the implementation of the KOREa-EU FREE trade agreement has been hampered by ongoing disputes over the terms of the FREE trade agreement and the ILO since the korea-EU free trade agreement was signed. Because in order to break this deadlock, relevant scholars have done a lot of research, but mainly focused on the economic and trade field. Therefore, this paper for the first time systematically studies the substantive focus of disputes over FTA and ILO clauses, and carefully analyzes the domestic law amended by South Korea, and provides suggestions and inspirations for China by drawing lessons from the revision model of South Korea's domestic law. This is from a newperspective: the essence of the korea-EU FTA and ILO disputes is the conflict between international law and domestic law, and the conflict between free trade agreements and human rights protection. It holds that the essence of disputes should be sorted out from the perspective of legal principles and human rights protection, and the free trade and human rights protection should be actively coordinated. In order to make China more actively integrate into the international economy, China should adopt a positive attitude to revise and perfect its own laws, so as to realize the purpose of common development of international trade and human rights protection.

• 무역학회지
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• 제47권5호
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• pp.201-221
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• 2022

This study aims to analyze a harmonious approach between trade norms for the protection of human rights and the WTO agreements is increasingly necessary and important. conflicts and harmonization that may occur between major human rights protection trade norms and WTO agreements were comprehensively reviewed. The hard legalization of corporate social responsibility for sustainable development, such as human rights protection, was in conflict with the WTO Agreement, which was based on the principle of non-discrimination. As the currently expanding human rights protection trade norms reflect differences in the positions of developed and developing countries, it was also pointed out that there may be disputes over WTO compatibility and distorted protectionism measures. Accordingly, the applicability of the general exceptions to Article 20 of the GATT were reviewed together, and Article 20(a) of GATT, "necessary to protect public morals" may differ between developed and developing countries, and thus limitations were also considered. At the same time, When it is necessary to take regulatory measures such as prohibition of imports from a specific country for human rights protection, it was reviewed and proposed domestic trade norms revision.

• 수산경영론집
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• 제30권2호
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• pp.1-23
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• 1999

In the Northeast Asian region fisheries agreements of the past regarding high seas as an agreement area were transformed or new agreements were introduced in order to conform to the EEZ regime. However, the existing joint regulatory zone which “open” status is somewhat similar to the high sea not only disappear, but also two new systems were established. To begin with, parties of the agreement claimed their EEZs to be from the territorial sea baselines to the extent set forth, problem of the fishery access of the other party under the agreement is to be solved on the principle of reciprocity and on recognizing of the catch results achieved in the past. In regards to the overlapping zones like neutral zone of the East Sea of Korea(Sea of Japan) and neutral zone to the south of the Cheju Island, provisional measures zones in the Yellow Sea and in the East China Sea, and transitional zone of the Yellow Sea special fisheries management systems reflecting the legal character of the zone involved are applied. Moreover, as fisheries agreements defining open sea as an agreement zone are not able to conform to the EEZ regime, so new fisheries agreements must be taken out from old systems and conceptions, and must be understood and enforced from the new point view. Therefore, countermeasures needed to do so should be developed, and their basic structure is as follows. Firstly, the basic concept of the EEZ regime requires that the coastal states have sovereign rights on their sea zones' natural resources and bear responsibilities appropriate to their allowed jurisdiction. Each Northeast Asian state should adjust the structure of fishing industries and employ advanced fisheries management system, and should make efforts toward such issues of the state policy as increasing fishery resources and preserving ocean environment. Secondly, measures should be developed to solve the international fisheries disputes which are to occur under enforcement of the new fisheries agreements system. In regards to the acts of violation the fisheries laws in the foreign EEZ the principle of jail sentence prohibition is established by the UN Convention on the Law of the Sea, and every fisheries agreement reflects this principle. Therefore, the present question is to consider concrete measures to enable the easy release of the seamen, who violated fisheries laws slightly and well-intently, through establishment and management of the guarantee fund needed to make collateral reasonable. Thirdly, Korean-Russian and Russian-Japanese fisheries relations were formed on the basis of the EEZ regime, since 1992 and 1977 respectively, and are expected to maintain mutually beneficial cooperative character. As for Korean-Chinese-Japanese fisheries relations, the operational problems of overlapping zones, and problem of the permits for EEZ mutual access should be solved on the basis of the principle of reciprocity and equity rather than unilaterally from any side.

• 수산경영론집
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• 제40권2호
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• pp.71-103
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• 2009

This study is designed to propose the ways of the multilateral cooperation system for effective management of fisheries resources in the various overlapping zones established by bilateral fisheries agreements between Korea, China and Japan in North East Asia as semi-enclosed sea. It is necessary to build multilateral fisheries cooperation between Korea, China and Japan in North East Asia because conservation & management of transboundary fish stocks could not be guaranted effectively by the management of fisheries resources in the area where piled up the current-fishing-pattern zone, as white zone and the various grey zone as middle zone, and the interim measures zone of bilateral fisheries agreements between Korea, China and Japan are piled up. Fisheries management in Korea, China and Japan by the bilateral fisheries agreements in North East Asia is faced with difficulties manage fisheries resources. International relationship on fisheries is maintained by bilateral fisheries agreements based on UNCLOS. However fisheries resources are over-exploited and the recovery of the fisheries resources is very slow because proper conservation and management of transboundary fish stocks which article 63(1) of UNCLOS defines have not prepared yet. Thus close cooperation among the coastal States for a proper conservation and management of transboundary fish stocks is necessary. Since the transboundary fish migrate within the EEZs of two or more coastal States, there is a need to manage the fish stocks in the region between Korea, China and Japan through a multi-lateral mechanism at ccircumference area of the current-fishing-pattern zone as white zone. Coastal States must guarantee sustainable maintenance of transboundary fish stocks through the regional cooperation for a proper conservation & management because one coastal State alone could not guarantee conservation and management of fish stocks. Thus there is a need to build multilateral fisheries cooperation between Korea, China and Japan in North East Asia. There are many successful instances including the Barents' sea for a proper conservation & management of transboundary fish stocks. The Barents' sea is one of the best research object to study the regional cooperation for a conservation & management of transboundary fish stocks in North East Asia. In conclusion, it is necessary to build a multilateral fisheries cooperation system between Korea, China and Japan in North East Asia to conserve and manage transboundary fish stocks effectively. It seems desirable that the range of the area to conserve and manage fish stocks should may be any partial area in the current-fishing-pattern zone and interim measures zone between Korea and China, Jeju middle zone between Korea and Japan, interim measures zone of bilateral fisheries agreements between China and Japan.

• 한국조경학회지
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• 제47권6호
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• pp.24-36
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• 2019

본 연구는 경관관리에서 주민의 역할이 점차 중요해지고 있는 가운데, 경관협정이 지속적으로 운영될 수 있는 성공요소 도출 및 이를 추진하기 위한 방향을 제시하는 것이 목적이다. 이에, 1) 문헌조사 및 전문가 인터뷰 조사를 통해 경관협정의 지속성을 고려한 성공요소(안)을 제시하였고, 2) 참여주체 인터뷰 조사 및 문헌분석을 통해 경관협정의 지속적 운영의 성공요소(안)을 선진사례에 적용한 후, 경관협정의 지속성을 위한 성공요소의 최종안과 이에 대한 추진방향을 제시하였다. 그 결과, 첫째, 3개의 대분류와 10개의 중분류, 25개의 세부항목으로 구성된 경관협정의 지속적 운영 성공요소를 제시하였다. 이것은 주민의지, 실현가능성, 행정수단의 실효성, 예산확보, 유지관리, 홍보, 전문가 지원, 전담지원 조직, 참여의 지속성, 주민참여 의사소통방식에 대한 내용이며, 경관협정 체결 준비단계, 체결단계, 유지관리단계에서 전반적으로 고려해야 하면서도 구체적인 세부항목이다. 둘째, 경관협정 지속적 운영의 추진방향을 제시하였다. 경관협정 체결은 주민의지가 높으며 경관협정에 대한 공감대가 형성된 이후에 주민들 스스로 지킬 수 있는 내용 중심으로 하고, 행정 담당자의 업무 지속성, 경관협정 체결준비부터 유지관리단계에 소요되는 자문비 및 활동비의 예산확보 근거 마련을 위한 제도가 필요하다. 그리고 경관협정 체결자인 주민들 간 지속적인 교류 및 역량강화, 이를 위한 주민참여 역량 정도에 맞는 전문가의 단계별 지원과 이를 근거할 수 있는 제도도 역시 필요하다. 셋째, 공공사업과 연계하여 경관협정을 체결하더라도 주민참여 역량이 갖춰져 있는 곳의 대상 지원 여부, 주민참여 경관관리가 가능하도록 행정과 전문가의 지속적 지원 여부가 경관협정의 지속적 운영에 영향을 미칠 수 있다는 것을 알 수 있었다. 본 연구는 사례분석에 있어서 두 곳을 대상으로 한 한계점을 가지고 있으며, 성공하지 못한 사례를 포함한 다양한 사례분석을 통한 보다 더 심층적인 연구는 향후 과제로 남겨두고자 한다.