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A Legal Study on the Standard for Conformity of the Goods in the International Sale of Goods (국제물품매매계약상(國際物品賣買契約上) 물품일치성(物品一致性)의 기준(基準)에 관한 법리적(法理的) 고찰(考察))

  • Song, Myeong-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.133-162
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    • 1999
  • The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

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Recent Trends and Characteristics of International Arbitration in Latin American Countries (라틴아메리카 국제중재의 최근 발전경향과 특징)

  • Jo, Hee-Moon
    • Journal of Arbitration Studies
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    • v.18 no.1
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    • pp.97-119
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    • 2008
  • The reluctance of Latin American countries to practice international arbitration is not a new topic in international law. This reluctance historically based on Calvo Doctrine provoked not only the absence of Latin American countries from the major international commercial arbitration conventions, but obsolete national arbitration legislation. Recently, however, these countries have undertaken major steps showing that the region is no longer reluctant to practice international commercial arbitration. Most Latin American countries have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), the 1965 Convention on the Settlement of Investment Disputes ("Washington Convention") and the 1975 Inter-American Convention on International Commercial Arbitration ("Panama Convention"). The majority of Latin American countries have also modified and adapted their national legislation on arbitration to the UNCITRAL model law. Even judiciary has been following this pro-arbitration. This article will focus on some of these factors provoking the acceptance of international commercial arbitration in Latin America to trace the common trends and characteristics in an attempt to understand better how international arbitration set on its place firmly. For this purpose we selected five countries, Brazil, Argentina, Chile, Mexico and Venezuela, to analyse legislations and jurisprudence. Latin America is ready to challenge any obstacles to promote arbitration as alternative methods of judicial resolution. There is an ever-increasing number of international arbitration in Latin America. Both practitioners and judiciary have shown desires to promote the resolution of disputes by arbitration and used the legal instruments to ensure that process interpreting and applying legislations for pro-arbitration. Even there remains Calvo Doctrine's culture in Latin America still now, it should be certain this culture will disappear from the conduct of international arbitration.

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A Study on Traits and Remedy of Library Anxiety among International Users in Academic Library (대학도서관 외국인 이용자의 도서관불안의 특성과 해소방안 연구)

  • Yoo, Jiyoon;Jeong, Dong Youl
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.31 no.1
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    • pp.21-42
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    • 2020
  • This study aimed to analyze library anxiety among international users in various aspects and make suggestions for alleviating library anxiety. Subjects were 'international users using the academic library' not only including international students but also including international professors and researchers to analyze library anxiety in various aspects. S university with most international users was selected for the study, and the surveys were distributed. The questionnaires completed by 369 international users were analyzed. The overall average of library anxiety among international users is 2.96, and 'knowledge of the library' appears to be the greatest source of library anxiety among international users. An analysis revealed that variables including status, nationality, library instruction, the reason for using the library, Korean proficiency, and cultural understanding contributed significantly to the library anxiety level. Based on these findings, recommendations for library service, staffing, environment, and resources were made to help alleviate library anxiety.

Genotypes of Echinococcus Species from Cattle in Tanzania

  • Bia, Mohammed Mebarek;Choe, Seongjun;Ndosi, Barakaeli Abdieli;Park, Hansol;Kang, Yeseul;Eamudomkarn, Chatanun;Nath, Tilak Chandra;Kim, Sunmin;Jeon, Hyeong-Kyu;Lee, Dongmin;Eom, Keeseon S.
    • Parasites, Hosts and Diseases
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    • v.59 no.5
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    • pp.457-464
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    • 2021
  • Cystic echinococcosis is a zoonotic parasitic disease caused by Echinococcus species. Tanzania is one of the endemic countries with cystic echinococcosis. This study focussed on identifying genotypes of Echinococcus spp. in Tanzania. We collected 7 cysts from cattle in Mwanza municipal (n=4) and Loliondo district (n=3). The cysts from Mwanza were all E. ortleppi and fertile. In contrast, the cysts from Loliondo were all E. granulosus sensu stricto and sterile. Two from the 4 cysts were a new haplotype of E. ortleppi (G5). These results can improve the preventive and control programs for humans and livestock in Tanzania. To our knowledge, this study is considered the first to identify the genotype and haplotype of Echinococcus spp. in Tanzania.

A Study on the Influence of COVID-19 on International Arbitration (COVID-19가 국제중재에 미치는 영향에 관한 연구)

  • Kim, Yong-Il;Hwang, Ji-Hyeon
    • Journal of Convergence for Information Technology
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    • v.11 no.12
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    • pp.80-89
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    • 2021
  • In order to combat the spread of COVID-19, on January 30, 2020, the World Health Organization declared that the spread of COVID-19 has met the criteria of a "Public Health Emergency of International Concern" under Article 1 of the International Health Regulations(2005) and proposed a variety of preliminary recommendations to fight against the pandemic accordingly. All of a sudden, people are ordered to wear face-masks in public-which is forbidden for different reasons in many jurisdictions. Of course, the legal world was hit by the virus as well. Needless to mention that where economic and social life will change so drastically, the legal world will change(ex. virtual hearing) as well. Most probably, it will not ever be the same after COVID-19. And where the whole legal world will change, it is easy to state the obvious, namely that COVID-19 has and will have an impact on international arbitration as well. This paper will describe how international arbitration is dealing with this new challenge.

Local Self-Government in the Conditions of Digitization: International-Legal Experience

  • Perezhniak, Boris;Vasylchuk, Larysa;Bevz, Tetiana;Pyroha, Serhii;Ulianov, Oleksiy
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.165-170
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    • 2022
  • Nowadays more and more attention is paid to digital technologies, digitization, and the digitization of public services in particular. Progressive countries aim to build "digital" governance and a digital economy. In this aspect, the international experience of using digitization in the field of public administration, including in local self-government bodies, plays an important role. Therefore, it is important to analyze the international legal experience of the functioning of local self-government in the conditions of digitization. The purpose of the work is to study the international legal experience of the functioning of local self-government in the conditions of digitization. The object of the study is local self-government in the conditions of digitization through the prism of international legal experience. The subject of the study is social relations that arise, change, and cease during the implementation of digitization in local self-government in Ukraine and foreign countries. The research methodology consists of such methods as the method of philosophical hermeneutics; dialectical method; classification method; comparative method; target method; method of documentary analysis; generalization method. Research results. As a result of the conducted research, the international experience of the functioning of local self-government in conditions of digitization was analyzed. In particular, the impact of digitization processes on the course of the decentralization reform in Ukraine is summarized. Also, from the analysis of international experience, a conclusion was made about the potential possibility of reducing the existing gap in the process of communication between the central government and united territorial communities thanks to the introduction of the latest technologies in the field of administrative services, to stimulate innovative and economic development of regions, attracting the attention of businesses and potential investors, as well as the functioning of more open local authorities with electronic communication tools.

A Study on some practice issues and main provisions of the international artworks sales contract - Mainly sculptures sales contract - (예술품의 국제매매 계약시 주요 조항과 계약서 작성상 유의점에 관한 소고 - 조형물계약을 중심으로 -)

  • Lim, Sung-Chul
    • Korea Trade Review
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    • v.41 no.4
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    • pp.111-129
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    • 2016
  • In this paper, I reviewed the analysis of possible ICC model of international sale contract terms used in the international artwork trade. Based on this, the provisions proposed considering the specialties of the international artworks trade. The purpose of this research study is to help practitioners draw up a contract of international artworks trade. In Chapter II, I reviewed the highlights of the international sale of goods contract. In Chapter III, I discussed the issues that arise in creating specific provisions on the international artworks trade agreements. In Chapter IV, I discussed the issues in creating the general provisions on the international artworks trade agreements. Quantity provisions of the international artworks sales contract should include the "more or less" clause. And it should also clearly define the scope of the author's property rights transfer in the copyright provisions. Even if a buyer has been assigned the copyright of artworks from the artist, if the buyer modifies the artworks without permission, moral rights can be violated. In addition, even if a buyer has been assigned all of the intellectual property rights of the artists, if the buyer does not have the specific provisions, the buyer must keep in mind that the unauthorized publication of artworks, film production, merchandising, etc, may infringe the right to create derivative works.

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Flexible Operation of International Commercial Terms to Increase Logistics Efficiency in Logistics 4.0 (물류 4.0 시대에서 물류효율성 증대를 위한 인코텀즈 상 정형거래조건의 탄력적 운용방안 연구)

  • Chang-Bong Kim;Kyeong-Wook Jeong
    • Korea Trade Review
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    • v.47 no.4
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    • pp.69-88
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    • 2022
  • Recently, International commerce has continuously expanded with the development of logistics technology. However, the cost of international logistics is rising rapidly. The Korea International Trade Association (2021) proposes that the use of international commercial terms in Incoterms® could be an effective way against logistics costs. The purpose of this study is to verify the effect on the flexible operation of international commercial terms. For the detection of variables and data collection for empirical analysis based on previous studies and in-depth interviews. The questionnaires were distributed after pilot-study to a random sample of companies based on the list of members such as the Korea International Trade Association, the Korea Trade-Investment Promotion Agency, and the Global Small and Medium Business Association. A total of 800 questionnaires were distributed, and 166 were used for empirical analysis. The results of this study are as follows. First, mutual cooperation and Flexibly using of international commercial terms has a positive (+) effect on logistics efficiency. This is in line with the study of Yang (2021) and Stojanović et al. (2021) that logistics by using international commercial terms will increase the efficiency of logistics. Second, use of international commercial terms based on mutual understanding mediates the relationship between the logistics environment of the other country and the logistics efficiency. As in the study of Vidrova (2020), it is important to operate on international commercial terms mutually.

Review of the Applicability of CISG in International E-commerce (국제 전자상거래에서 CISG의 적용 가능성에 관한 검토)

  • Kai-Yu Guo;Taehee Lee
    • Asia-Pacific Journal of Business
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    • v.14 no.2
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    • pp.201-212
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    • 2023
  • Purpose - Internet-based e-commerce is rapidly developing and applied, and e-commerce through Internet technology overcomes the time and space constraints of existing business exchanges and facilitates multinational transactions.At the same time, disputes over e-commerce are increasing.In order to solve these disputes, clear laws should be regulated and regulated. Design/methodology/approach - This paper first studies the development and trend of E-commerce, then studies the legal provisions of CISG, and then combines them to analyze and draw a conclusion. Findings - Since its enactment in 1980, the CISG has been one of the most influential international commercial laws to date, with 95 States parties. It is a very important international agreement and norm that helps maintain and facilitate the settlement of international trade disputes and coordination of international merchandise sales activities. However, CISG, which is most widely used in traditional trade, faces many challenges due to the nature of E-commerce, but after studying the development and trend of E-commerce and the legal provisions of E-commerce, we conclude that CISG can be applied to E-commerce. Research implications or Originality - All the international conventions are the fruit of the efforts of the people, CISG, as one of the most important unitary laws of international trade, can be said to be representative.The analysis of CISG's legal provisions should be combined with the current international e-commerce trade form, so that CISG can be reasonably applied to modern trade disputes.

A Study on Countermeasures of the Terrorism on the International Sports Events (국제스포츠행사의 테러행위 대책)

  • Cho, Kwang-Rae
    • Korean Security Journal
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    • no.6
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    • pp.123-146
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    • 2003
  • International sports events are no longer simple sports events. They are kinds of political and diplomatic events which are focused on international interests and they have to be held successfully to achieve their goal. Recently their economic effects have become one of the most important purposes. Almost all countries are doing there best to host international sports events for the purpose of advertising their own countries. But if there are terrorists who are to attack international sports events, the purpose of international sports events to improve friendship between nations and the peace of all mankinds will be seriously damaged. Also host country will be seriously damaged politically, diplomatically and economically. This article examines rapidly increasing international terrorism after 9.11 and analyzes the recent world terrorism situations and furthermore proposes legal and systemic countermeasures of our country to concentrate nation's abilities to prevent these kinds of sports terrorism.

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