• The Journal of the Convergence on Culture Technology
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• v.10 no.6
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• pp.461-470
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• 2024

This paper examines the crisis of public broadcasting and focuses on the European Innovation in Public Service Media Policies(InnoPSM). They define digital content as common goods and suggest the possibility of producing and sharing common goods in a non-commercial manner, rather than public broadcasting, which is represented by public service media, being privately owned as a commodity. The characteristics of the Internet and digital technology, namely connection, exchange, and cooperation, do not require any additional costs when reproducing knowledge and information once produced. This fact is supported by cases of public and private broadcasters in Europe producing and distributing digital content as common goods. In this respect, this paper critically examines the fact that restoration of publicness in public broadcasting requires establishing legal and institutional conditions for how our society can produce and distribute common goods, while also critically examining the fact that common goods can be commercialized and monopolized in the market.

• Asia-Pacific Journal of Business
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• v.2 no.1
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• pp.49-73
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• 2011

With the market evaluation of economic globalization exchanges between different cultures, cultural trade has been developing at an accelerated speed, and also playing an important role in East Asian intra-regional trade. In this research the author used gravity trade model to explain the causal relationship between dependent variable trade flows and several independent variables applying with five categories cultural goods which classified in HS codes. Firstly for cultural heritage trade flow, the results indicated that economic masses of bilateral countries have no significant influences on it; GDP per capita of host country and adjacency factor with partner country have significant negative influences on it; Internet coverage ratio has improved cultural heritages exchanges in East Asian regions. Secondly for printed matter cultural goods trade flow, the distance factor has significant negative influence but common language has significant positive influence on it. Thirdly for recorded media cultural goods, only economic masses and GDP per capita of bilateral countries can improved their trade flows. Fourthly for visual arts cultural products trade flows, almost all variables we tested have significant influences on it. Fifthly for cinema photography cultural goods trade flow, the influenced factor are same with cultural heritage products except they have strong positive interaction relationship with economic masses and common language. At last, the paper figured out some important and potential sectors for cultural goods trade in East Asia and gave some suggestions to government and cultural goods product enterprises.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.111-132
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• 2014

This paper analyzed the obligations of the parties entering into an international leasing agreements, focusing on the Draft Common Frame of Reference (DCFR) Book IV, Part B. The lessor's obligations are as follows. i) The lessor must deliver goods to the lessee by the due date of delivery so that the lessee can use the goods on the starting date of the lease agreement. ii) The lessor must conform with the contract so that the goods meet the purpose of the contract at the start of the lease agreement and throughout the period of the lease agreement. iii) If the lessee returns the goods upon the termination of the lease agreement, the lessor must cooperate with the lessee. The lessee's obligations are as follows. i) The lessee must pay rent, which is the most critical obligation of the lessee. ii) The lessee must cooperate with the lessor so that the lessor can perform the obligation to deliver the goods and accept the goods of which the lessee shall take control. iii) The lessee shall perform fiduciary duties while it uses and makes profits from the goods, and when the lessor cannot take any measure to protect the object, the lessee must prevent damage. Further, if the lessor pays expenses that are not considered necessary expenses, the lessor may not be reimbursed and must accept the goods after delivery to preserve them. iv) The lessee must give notice to the lessor if there is a possibility that a third party can claim rights to goods or infringe upon the lessor's ownership while using the goods. v) At the end of the lease period, the lessee must return the goods to the lessor.

• East Asian Economic Review
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• v.18 no.1
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• pp.83-107
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• 2014

This paper studies the effects of economic development and cultural proximity as common determinants of trade in cultural goods in a dynamic preference selection model. For the empirical analysis, this paper utilizes the gravity framework with importer fixed effects and Poisson pseudo-maximum likelihood estimators. This paper applies the model to Korean export of broadcasting contents to Asian countries. The relative economic development of the export country and the market size of the import country are important determinants of cultural trade, the results of which are generally consistent with traditional goods trade. However, the distance variable does not show much significance, reflecting the unique characteristics of trade in cultural goods.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.35-58
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• 2013

In Mash & Murrell, Diplock J said that "there is an implied warranty not merely that they shall be merchantable at the time they are put on the vessel, but that they shall be in such a state that they can endure the normal journey and be in a merchantable condition upon arrival." But in The Mercini Lady, Field J said that "the goods would be of satisfactory quality not only when the goods were delivered on to the vessel but also for a reasonable time thereafter." and "The proposed conditions were not excluded by clause 18. ${\cdots}$ clause 18 was not to be construed as extending to conditions ${\cdots}$". In relation to the problems on validity of the goods conformity clauses in FOB contracts, when considering Lord Wright's comments ("${\cdots}$ hence apt and precise words must be used to exclude it: the words guarantee or warranty are not sufficiently clear.") in Cammell Laird & Co Ltd v Manganese Bronze and Brass, FOB contracts are fundamentally one that seller's duty to deliver the goods is completing at the port of shipment and "principle of party autonomy" in Contract Law, I do not think that the terms implied by section 14 of the SGA and Common Law cannot absolutely excluded by the goods conformity clauses in sale contracts. Therefore, in order to exclude the implied terms, the parties must very clearly spell out this in the relevant clauses.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.1-36
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• 2016

Unlike continental European legal systems (civil law systems), specific performance in common law refers to an equitable remedy requiring exactly the performance that was specified in a contract. It usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique. Thus, under common law specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. Consistent with the practice in civil law jurisdictions, United Nations Convention on Contracts for the International Sale of Goods (CISG) makes specific performance the normal remedy for breach of a contract for the sale of goods. Therefore, the buyer may require a breaching seller to deliver substitute goods or to make any reasonable repair. Likewise, the sellermay require the buyer to taker delivery of goods and pay for them. Despite this, Article 28 of the CISG restricts the availability of specific performance where it would be unavailable under the domestic law of the jurisdiction in which the court is located. Thus, the CISG's more liberal policy toward specific performance is restricted by common law. There are some legal issues in CISG's specific performance availability by Article 28. This paper analyzes these issues as interpreting Article 28 of CISG, by examining various theories of application to actions for specific performance and comparing CLOUT cases involving CISG Article 28.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.24
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• pp.3-23
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• 2004

It is our common understanding that the carrier is bound to deliver the goods to the consignee named in a non-negotiable straight bill of lading without its presentation. But recently Court of Appeal, Singapore, held that "where a straight bill of lading is issued it is necessary for the bill of lading to be presented by the consignee to the carrier by sea in order to obtain delivery of the goods. A straight bill of lading, just like a bill of lading to order, confers title including the right to receive the goods mentioned on the bill of lading. Only the possibility of negotiation is excluded. The carrier by sea is liable where he delivers the goods to the consignee named in the straight bill of lading without delivering the bill of lading itself."

• Land and Housing Review
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• v.11 no.1
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• pp.39-48
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• 2020

Main research question of this study is about whether gated community (GC) as private urban governance gets along with local public goods by locating near to them. We examine this question through testing the Tiebout hypothesis from case study of Seoul, capital city of South Korea, in which GCs are so common to test the assumption empirically. For this, we examine the meaning of GC in 3 Es viewpoints; conceptualize the framework of Tieboutian co-evolution of GC and local public goods by hedonic price modeling. As a result, possibilities are found that GCs are to be seen from different point of view, viz. co-evolutionary mechanism between private and public governance; GCs effectively capture and represent the demand of residents for local public goods through voting by their collective locational choice. It allows us different kind of approach to investigate APTs as a co-evolutionary form of private and public urban order rather than seeing them only as a tool of speculative investment, particularly in rapidly urbanizing countries like Korea.

• International Commerce and Information Review
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• v.11 no.1
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• pp.291-308
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• 2009

The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

• Korea Trade Review
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• v.42 no.6
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• pp.1-25
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• 2017

This is a comparative and analytical study which comprises of the analysis of the rules of the seller's liability for non-conforming goods of four legal systems under the CISG and the CESL. A purpose of this study is to examine all the rules as to, first, the concept and the nature of the seller's duty to deliver the goods in conformity with the contract, second, the contents of the seller's duty to deliver the goods in conformity with the contract, third, the time when the goods must be in conformity with the contract and the cases where the seller is exempted from his liability for non-conforming goods. Another purpose is to compare the rules of the CISG with those of the CESL, and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intend to use one of those regimes in their contract as a governing law.