• Journal of Arbitration Studies
• /
• v.30 no.2
• /
• pp.69-90
• /
• 2020

The arbitration system has many advantages, including resilience, speed, ease of approval, and enforcement of foreign arbitration in international disputes, and it plays an important role in today's international business. As the world's economic activities increase, China's trade disputes are intensifying. In 2017, China emphasized the international cooperation and commercial expansion of foreign investment at "One Belt, One Road." Therefore, it is expected that international business will become more active, with the issue of how to recognize and enforce the foreign arbitration awards in China becoming highly important. In addition, South Korea and China maintained deep trade relations after establishing diplomatic relations in 1992 and concluding the Korea-China Free Trade Agreement, which will inevitably increase trade disputes. As far as South Korea is concerned, China is South Korea's largest trading partner, so it is important for South Korea to analyze how foreign arbitration awards are recognized and enforced in China. China's accession to the New York Convention in 1987 was the beginning of the enforcement of foreign arbitrators. However, since China has begun to recognize and enforce foreign arbitrators relatively late, there are many problems in terms of recognizing and enforcing foreign arbitral awards in China. This study introduces the concept and scope of foreign arbitral awards, as well as the legal basis and procedures for recognizing and enforcing foreign arbitral awards, and examines relevant cases and the denial of recognition and enforcement of a foreign arbitration award. In the end, some issues and remedies for the recognition and enforcement of the foreign arbitral awards system in China were concluded.

• Journal of Arbitration Studies
• /
• v.26 no.4
• /
• pp.83-109
• /
• 2016

Recently, China has brought many political, economical, and ideological changes in order to complete the "socialistic market economy." In terms of legal system, they make much effort to seek compatibility and stability of law and order. China recognizes that the breakdown of corruption, which is rampant in society, is an essential short-cut for national development. To realize anti-corruption reformation, it strengthens the supervision of relatives and close officials of high-ranking government officials. Recently, China has suffered from expanded trade disputes internationally and has also experienced severe management-labor conflicts domestically due to economic recession. From 2012 onward, civil lawsuit and other litigations have increased sharply. Also, they face severe conflicts in the land system. It is expected that many disputes arise due to speculation on rural housing. Meanwhile, Mongolia expands the size of trade with Korea in mutual cooperation since their diplomatic relation in 1990 by entering more than 20 treaties and agreements. As Mongolia has rich natural resources and Korea is equipped with advanced science and technology, the two countries have opportunities to develop mutually beneficial cooperative relations. Recently, the arbitration system has attracted attention instead of litigation as a means of dispute settlement in line with the expansion of trade between Korea and Mongolia. This study would be helpful to figure out desirable methods for dispute settlements in case of trade disputes among Korean companies that would advance into China and Mongolia.

• Korea Trade Review
• /
• v.41 no.1
• /
• pp.187-213
• /
• 2016

Trans-Pacific Partnership Agreement and Trans-Atlantic Trade and Partnership Agreement introduce "regulatory coherence." Regulatory coherence refers to "the use of good regulatory practices in the process of planning, designing, issuing, implementing and reviewing regulatory measures in order to facilitate achievement of domestic policy objectives, and in efforts across governments to enhance regulatory cooperation in order to further those objectives and promote international trade and investment, economic growth and employment." This paper traces ideas dealing with regulatory reform and regulatory transparency as discussed in OECD, APEC and selected WTO agreements, examines the text of the regulatory coherence chapter of TPP and TTIP, then examines the regulatory reform system of Korea to see whether Korea satisfies the conditions set forth in the regulatory coherence chapter of TPP. The paper concludes that the Korean regulatory reform system mostly satisfies the requirements of the TPP chapter on regulatory coherence, but some additional procedural reforms are needed for laws proposed by National Assemblymen, and regional laws proposed by regional governments. Finally, the paper notes that the Korean government has been mis-translating regulatory coherence as regulatory convergence, which is a separate idea, and the government should correct its error as soon as possible.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
• /
• v.7 no.2
• /
• pp.91-99
• /
• 2012

The political conflicts and military collisions between the South-North Korea resulted in actions taken at 1 of Dec. in 2008 and 24 May in 2010. Those actions stopped the major economic cooperations such as the relink of a railroad line across the divided peninsula as well as Mt. Geumgang tourist trade, and cast shade on the Gaesung Industrial Complex. This article articulates the current situation of the economic damages, status quo of cooperation and the South Koreans' changed way of thinking about issues between the South and North which provoked by the conflicts. We emphasized the necessities of minimizing unstable non-economic factors on the Peninsula; continuing win-win economic cooperation between the South-and North corporations; guaranteeing safe business conditions; improving the relationship based on the national consensus. Also we suggested ideas on how to manage the economic cooperation and how to explore new business opportunities in the future based on entrepreneurial leadership.

• International Commerce and Information Review
• /
• v.16 no.4
• /
• pp.281-305
• /
• 2014

The purpose of this study is to empirically analyze the status and the trends in the international competitiveness of Korean export products against MINTs. For the study, the data were collected from the trade statistics for the period 2009-2012 produced by KITA and UN comtrade, and trade specialization index and market comparative advantage index were selected as index analysis methods. The findings from this study are as follows: First, Korea maintains a continuous increase of trade volume and trade balance in trade with MINTs, and exports finished goods, auto parts, etc. to MINTs, whlie mainly imports primary products such as energy fuels from MINTs. Second, Korea remains competitive in both product groups and individual products over MINTs. Third, even though Korean exports obtain a high competitiveness against MINTs, its competitiveness shows the differences by country. Several implications of this study are as follows: First, we need to take full advantage of energy resource-rich MINTs in securing stable energy fuels. Second, we should prepare response plans for the economic conditions which can have a negative impact on trade with MINTs, Third, we need to build strategies for maintaining the competitiveness of Korean exports over MINTs. Fourth, The differentiated export strategies should be established by country by considering differences in Korean exports' competitiveness which exist among the four countries of MINTs. Fifth, we need to prepare for such a situation which MINTs attempt to expand its influence by forming a collective economic cooperation.

• International Commerce and Information Review
• /
• v.13 no.2
• /
• pp.179-203
• /
• 2011

Currently, the most common form of regional economic integration is FTA (Free Trade Area), which is formed by two countries or more as either a bilateral or multilateral agreement. A proposed FTA between Korea and China recently has been re-focused after China concluded its ECFA (Economic Cooperation Framework Agreement) with Taiwan in June 2010. By May 2010, China was the No.1 export partner to Korea (as a Chinese No.2 import partner). Also, Korea and Taiwan trade structure to China is similar and competitive at the same time. So, China-Taiwan ECFA has a significant effect on the trade between China and Korea. As a result, it will hurt Korean industrial production and trade with China. Therefore, the progress and expected issue of a FT A between Korea and China which is prompting will be analyzed. In this situation, the final purpose of this paper is to analyze the impact on a Korea-China FTA Negotiation from the China-Taiwan ECFA.

• 보존과학연구
• /
• s.26
• /
• pp.203-211
• /
• 2005

The National Research Institute of Cultural Heritage(NRICH) conducted the Asia Cooperation Programme in Conservation Science(ACPCS) to facilitate and promote the regional cooperation in the conservation of cultural heritage among Asian countries. This course was promoted to provide an opportunity to study and work together, also to share a knowledge and experience in conservation field. The target countries were from 17 Asian countries, and this year our selection committee selected 2 specialist in cultural heritage conservation field and selected persons had participated in the ACPCS course during three months. NRICH provided the round-trip airline tickets, overseas travel accident insurance and a living allowance to the course participants. And we requested programme announcement to Korean National Commission for UNESCO and Ministry of Foreign Affairs and Trade to progress favorably. This course period was three months from 29 August to 25 November, and the fields were conservation and restoration of tangible cultural heritage such as metal conservation, stone conservation, material analysis, DNA analysis, dating, biological control management of cultural heritage, environmental monitoring and so on.

• Asian Journal of Innovation and Policy
• /
• v.12 no.1
• /
• pp.75-100
• /
• 2023

Over the past few decades, globalization has been shifting economic power upward to transnational actors on the one hand, and downward to subnational or regional spaces on the other. This phenomenon has resulted in the centrality of territorially delimited subnational regions acting as critical loci of economic governance within a complex and globally distributed value chain of trade and service flows. Within this broader context of industrial restructuring are economic regions that span national borders in their collective assets. The paper focuses on investigating the economic competitiveness and productivity of cross-border (or binational) economic regions. Using the conceptual framework of economic clusters, an econometric model that measures proxies of geographic proximity of firms in the life sciences cluster, and a new binational economic model, the paper examines the key characteristics, potentials and constraints of economic competitiveness and productivity in a cross-border region comprising counties in Western New York and regional municipalities in Southern Ontario. The findings demonstrate the direct and indirect benefits of closer cross-border economic cooperation. The paper then concludes with some policy observations about leveraging cross-border economic clusters for strategic industrial cooperation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.78
• /
• pp.93-117
• /
• 2018

In all countries of the world, the development of trade is an important factor for the survival of the national economy. Increased export will lead to national economic growth. Export is directly linked to employment, and the industrial structure will be developed in the direction to produce products of comparative advantages. Therefore, every country around the world is trying to promote export regardless of the size of its economy. Accordingly, this paper focused on the promotion of export of domestic companies. It proposed to cultivate trade experts to promote export of domestic companies. The following five methods were proposed to materialize the proposal. First, it is important to foster trade experts to expand and foster the one-person creative companies. In particular, it is important to develop a professional education curriculum. It is necessary to design and conduct a systematic curriculum throughout the process including follow-up after education such as teaching detailed procedures for establishing a trade business, identification of relevant regulations and related organizations, understanding of special features of each exporting country, and details of exporting procedures through specialist training for the individual industries, helping themto keep their network steady so that they can easily get help from consultants. Second, it is necessary to educate traders working in the field to make them trade experts and utilize themin on-the-job training and consulting. To do this, it is necessary to introduce systematic consultant selection process, and to introduce a systemto educate and manage them. It is because, we must select the most appropriate candidates, educate themto be lecturers and consultants, and dispatch themto the field, in order to make the best achievement in export. Nurturing trading professionals utilizing the current trading workers to activate export of domestic companies can be more efficient through cooperation of trading education agencies and related agencies in various industries. Third, it is also proposed to cultivate female trade experts by educating female trade workers whose career has been disrupted. It is to provide career disrupted women with opportunities to work after training them as trade professionals and to give manpower pool to domestic companies that are preparing for export. Fourth, it is also proposed to educate foreign students living in Korea to be trading experts and to utilize them as trading infra. They can be trading professionals who will contribute to the promotion of export. In the short term, they will be provided with opportunities for employment and start-upin the field of trade, and in the mid- to long-term, they may develop a business network between Korea and their own countries. To this end, we need to improve the visa system, expand free trade education opportunities, and support them so that they can establish small but strong enterprises. Fifth, it is proposed to proactively expand trade education to specialized high school students. Considering that most of domestic companies pursuing activation of export are small but strong companies or small and mediumsized companies, they may prefer high school graduates rather than university graduates because of financial limitations. Besides, the specialized high school students may occupy better position in the job market if they are equipped with expertise in trading. This study can be meaningful, in that it is the first research that focuses on cultivating trading experts to contribute to the export activation of domestic companies. However, it also has a limitation that it has failed to reflect the more specific field voices. It is hoped that detailed plans will be derived from the opinions of the employees of domestic companies making efforts to become an export company in the related researches in the future.

• Journal of Arbitration Studies
• /
• v.20 no.2
• /
• pp.27-47
• /
• 2010

It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, it will be important thing for arbitral institutions to reach an agreement to promote the dispute settlement of the commercial disputes, for which efforts have been made between the Korean Commercial Arbitral Board(KCAB) and principal arbitration institutions of the foreign countries. Since 1973, the KCAB has entered into many arbitration agreements with well-known foreign institutions of arbitration. If the place of arbitration is not so designated by the parties, it, as a general rule, shall be the country of the respondent(s) under the Korea-Japanese Arbitration Agreement. On the other hand, the U.S.-Korean Commercial Arbitration Agreement maintains 'Joint Arbitration Committee which finally decide the place of arbitration. In 1996, the Korea-Austria Agreement of Cooperation was concluded for the prompt and equitable settlement on an amicable basis of commercial disputes. Under this Agreement, arbitral institutions between Korea and Austria agreed to act as an appointing authority in accordance with the UNCITRAL Arbitration Rules. It is also very important for Korea and China including North Korea to cooperate each other for the settlement of the commercial disputes within the Pan Yellow Sea Economic Bloc(PYSEB). The PYSEB is quickly becoming a distinctive and crucial region in the world sharing geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Finally, it should be considered to establish a central common system for settlement promotion of the commercial disputes within the PYSEB through the arbitration agreement. Such a dispute resolution system was already introduced and established within the area of the NAFTA, and it is called the Commercial Arbitration and Mediation Center for the Americas(CAMCA).