Research Report
Ⅰ. Background and purpose of studies
□ When various international trade and investment are vitalized, there is a necessity for harmonized international regulations and its influence on respective national laws as international commercial transaction proliferate.
□ Therefore an active and initiative legislative study is necessary to seek a confrontational strategy for national law taking into consideration the impact of international regulations on the individual national law.
□ Korea Legislation research institute [Global legislation strategy research] implements various Joint Research Projects on issues pertaining to UNCITRAL regulations with UNCITRAL's Asia and the Pacific regional office, which is a representative organization that formulates and regulates international trade standards.
Ⅱ. Main contents
□ Analyzing UNCITRAL W/G agenda and seeking confrontation strategy of Korea
○ The aim is to take a lead at W/G meetings by indicating Korea’s stance on issues in discussion at the W/G meeting in advance and preparing a confrontational strategy via an expert group consisting of Korean Representatives and related professionals at UNCITRAL W/G where international regulations discussion occur.
○ In 2013 ODR and E-commerce Part were the agendas of W/G III, IV
- Prof. Byung-jun Lee, KLRI-UNCITRAL Joint Research : Perspectives and Trends(II) - Analysis to the specific languages of generic procedural rules and the regulation for consumer arbitration, conducted by Working Group III of UNCITRAL
- Prof. Kyoungjin Choi, KLRI-UNCITRAL Joint Research : Perspectives and Trends - An analysis of discussions on Electronic Transferable Record in UNCITRAL WG IV
□ UNCITRAL regulations of Korea and Asia and the Pacific region implementation plan research
○ The objective is to examine an implementation plan of constituted UNCITRAL regulations in Korea and Asia and the Pacific region. To accomplish this goal, research focused on the situational analysis in Asia and the Pacific region, Gap Analysis of regulations between UNCITRAL and Asia and the Pacific region, and impact of UNCITRAL regulations on individual domestic laws in Korea, Asia and the Pacific region and a study on a preparation plan of domestic law.
○ In 2013, the impact of practice guidelines of UNCITRAL government supply model law and mortgage registration system on domestic law in Korea and a study on the preparation plan of domestic law with an implementation plan forarbitration regulations in Asia and the Pacific through the CISG were studied.
- Prof. Seungwoo Son, KLRI-UNCITRAL Joint Research : Perspectives and Trends(Ⅳ) - A Study on Reform of Korean Legal System through Analysis of UNCITRAL Model Law on Public Procurement
- Prof. Youngjoon Kwon, KLRI-UNCITRAL Joint Research : Perspectives and Trends(Ⅴ) - Study on the UNCITRAL Guide on the Implementation of a Security Rights Registry
- Dr. Lisa Spagnolo, KLRI-UNCITRAL Joint Research : Perspectives and Trends(Ⅵ) - CISG Implementation in Asia and the Pacific
- Dr. Peter Binder, KLRI-UNCITRAL Joint Research : Perspectives and Trends(ⅥI) - Implementation of the UNCITRAL Arbitration Framework in Asia and the Pacific
□ UNICITRAL Future agenda development research
○ It aims is to not only analyze future agenda, which is necessary to discuss International norms and standards based on UNCITRAL, but also to prospect a direction of international norms and standards.
○ In 2013 research about Micro-Micro Finance / Micro Business, and Public Private partnerships: PPPs were undertaken.
- Prof. Soogeun OH, KLRI-UNCITRAL Joint Research : Perspectives and Trends(Ⅷ) - An analysis of discussion on micro finance and micro business at UNCITRAL
Ⅲ. Expectation effectiveness
□ In terms of international commercial transaction, necessity of coherent international regulations and its impact on individual domestic laws is increasing. Internal and external professionals have participated in broad studies on the current issues in discussion at UNCITRAL.
□ An opportunity is presented for internal and external experts to discuss various aspects of each country, institution, and profession when international transaction regulations are made around Asia and the Pacific.