• International Commerce and Information Review
• /
• v.12 no.3
• /
• pp.79-98
• /
• 2010

The National Conference of Commissioners on Uniform State Laws promulgated the Uniform Computer Information Transactions Act (UCITA) in 1999. In 2000 and 2002, this Act was also Amended. UCITA provides a comprehensive set of rules for licensing computer information, whether computer software or other clearly identified forms of computer information. Computerized databases and computerized music are other examples of computer information that would be subject to UCITA. It would also govern access contracts to sites containing computer information, whether on or off the Internet. UCITA would not govern contracts, even though they may be licensing contracts, for the traditional distribution of movies, books, periodicals, newspapers, or the like. Part 8 of UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, 808 of UCITA recognizes the focus in a license context for a licensor's remedy should properly be on recovery for benefit conferred or for lost profit, rather than on damage measurement by a substitute transaction, where the license is non-exclusive so additional transactions are permitted and there is very little cost in reproduction of the information and its redistribution. Section 816 of UCITA also contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.11
• /
• pp.301-335
• /
• 1998

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.12
• /
• pp.133-162
• /
• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.41
• /
• pp.205-234
• /
• 2009

The trade portal site is one of the innovative skills which makes it possible for trade companies to manage international trade activities more efficiently by using the newest information technology. Especially, trade portal site can be considerable help to small and medium-sized enterprises which have much difficulties in finding overseas buyers due to the lack of international marketing capabilities. This study attempts to present a comprehensive model about the determinants of e-Trust in domestic trade portal site and to suggest practical strategies for e-Trade. Therefore, a theoretical framework was presented by the literature review, and a empirical study was carried out through a questionnaire survey to those who have had experiences of visiting trade portal site. The empirical analysis had the following results. First, it reveals that reputation, web-site quality, transaction efficiency of the trade portal site have influence upon e-Trust dimension. On the other hand, perceived risk did not have significant relationship with e-Trust. Second, e-Trust had significant impact on willingness to depend on the trade portal site. And also, e-Trust had positive influence on performance of using which is measured by sales increase, information sharing, and synergy effect.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.53
• /
• pp.135-153
• /
• 2012

Incoterms is a standard transaction terms and conditions which is established to provide goods delivery, cost and risks between the seller and the buyer as a principle concerned. Incoterms is made of international rules about regular uses of transaction terms and condition. It removes uncertainty of misunderstanding and applying rules, commercial customs and etc, between nations. Incoterms does not have an enforcement like an unified rules or an agreements established between different nations. Therefore, it is just considered as a standard formal terms and conditions from International Chamber of Commerce. For those reasons, validity of Incoterms applies only when parties of contract come to an agreement not by officially adopted or applied by law in each nation. Incoterms 2010 contains specific and clear articles which is fixed version of incoterms 2000, it has insufficient points on insurance contract article. Though, insurance contract belongs to sales contract, it sustains independence itself. It is difficult to sustain perfection until establishment of insurance contract and expiration by fixing the articles. As a result, it is necessary for sellers and buyers take a full responsibility of making complete insurance contract. This paper is written for those reasons in this filed.

• International Commerce and Information Review
• /
• v.3 no.2
• /
• pp.1-16
• /
• 2001

This study discusses some theoretical implications for efficient utilization of the global E-commerce in a world of uncertainty by beginning with measures of risk and return for the global E-commerce, and by moving to risk and return for a efficient transaction portfolio of many risky methods of transaction. Decision rules are developed to show how individuals choose optimal transaction portfolios that maximize their expected utility of wealth. First, the individuals will generally want to allocate positive amount to the global E-commerce, which requires that the expected marginal utility of wealth equals zero. Secondly, the optimal transaction portfolio will be determined by finding the point of tangency between the efficient trading line and the hightest indifference curve in the mean-variance plane. Thirdly, if the global E-commerce is positively correlated with wealth, it must have an expected return that is higher than the risk-free transaction methods in order to compensate for its risk. Fourthly, on the other hand, if the global E-commerce is negatively correlated with wealth, it will have an expected return that is less than the risk-free transaction methods. Finally, the valuation of global E-commerce depends on the degree of individual's risk aversion and the covariance between the expected return of total wealth and the return of global E-commerce.

• International Commerce and Information Review
• /
• v.1 no.2
• /
• pp.249-271
• /
• 1999

This article deals with concept and theory of privacy and personal data on the basis of understanding of this matter, Especially concerns the infringement and protection of privacy and personal data that is violated by new media and electronic commercial transaction through case study and research of literature. The article seek to find out the resolution of legal problems on the protection of privacy and personal data. The resolution is in other words, that privacy and personal data protection law shall be established as a part of efforts to protect personal data and to activate electronic commercial transactions.

• International Commerce and Information Review
• /
• v.6 no.3
• /
• pp.123-136
• /
• 2004

In recent years, although far behind, the "e-Trade (B to G)" is propelled vigorously in Japan. But the diffusion of the "e-Trade" among companies (B to B) represented by bolero.net does not meet expectation. This paper carried out the questionnaire survey to the enterprises, which adopt bolero.net and examined why the diffusion is stagnated to the measures for its future spread. As a result, the top 3 adoption factors are: (1) Transaction climate, (2) Top management support, and (3) Operational improvement. In other words, it depends that top management has the will, which adopts e-trade positively among the reliable business partners and the operational performances can improve efficiently by carrying e-trade. We would like to clarify what will be crucial to spur the diffusion in the future. Based on the findings from the result, the concrete key points to promote the spread are to be indicated as follows: (1) Improve the scores of "Cost" and "Competitive pressure" (2) Improve the institutional factor.

• Journal of Arbitration Studies
• /
• v.8 no.1
• /
• pp.3-33
• /
• 1998

Since the Start of WTO in 1995, world trade volume was substantially increased as much as over $250 billion by lifting the trade barriors This effect brought new problem of increasing disputes. Significantly an ever increasing atention is paid to the Question of means and procedures of settling such disputes by arbtration. The problem of arbitration has indeed become most popular with all those who take interest in legal aspects of international cooperation in various spheres. In practice arbitration seems to renovate its function to take over new disputes arising from electronic transaction such as internet trade. Looking at the actual use of arbitration, its merits than litigation should cover new aspect concerning new kind of claims caused by new type of transaction. The efficient procedure for dispute will help every country save loss of profit by the delay of settlment. This thesis aims to facilitate the appearence of more efficient arbitration procedure for dispute settlment system.

• Korea Trade Review
• /
• v.44 no.2
• /
• pp.159-172
• /
• 2019

An important issue in trade transactions is risk management. Trading partners focus on how to recognize risks and how to address these areas. This article discusses whether the quality of a substantial period of time remains appropriate to the contract even after the risk has been transferred. If the contracted product is not delivered, then the risk is not transferred because it does not fulfill the obligations of delivery. In order to prevent such risks, the Seller must regard the quality of the goods of their fulfillment and provide them to the Buyer in detail. In addition, it is necessary to carry out several times of transportation or insurances of insurance according to the transaction conditions. Commercial practice comes from repetitive trading activities over many years. I think it is constantly changing as the transaction continues. Changes in the way of international commerce always create new orders and regulations. We need to keep a close eye on them.