CASE STUDY: COMPARING THE RULES FOR DISTRIBUTORSHIP AGREEMENTS POST CAFTA-DR: : WHICH CENTRAL AMERICAN REGIME IS MORE ATTRACTIVE TO NON CAFTA-DR COMPANIES?
- 발행기관 아주대학교
- 지도교수 윤성승 Prof. Sung-Seung Yun
- 발행년도 2011
- 제출일 2011-06-28
- 학위수여년월 2011. 8
- 학위명 석사
- 학과 국제대학원 국제경영학과
- 실제URI http://www.dcollection.net/handler/ajou/000000011852
- 본문언어 영어
- 저작권 아주대학교 논문은 저작권에 의해 보호받습니다.
초록/요약
ABSTRACT The purpose of this case study is to compare and analyze the current legal systems in place in the Central American countries and in the Dominican Republic, regarding distributorship agreements. In regulating this type of agreements, many developing countries have protected local distributors disproportionately throughout the years. The Free Trade Agreement between United States, Central America and Dominican Republic changed the scenario; surprisingly, differently for each country instead of setting equal grounds. The present research is a comparative analysis of the changes, having two interconnected purposes in mind. The first one is to understand the favourableness of the legal environment to companies from Non CAFTA-DR countries, like Korea, as some of the changes benefits Korean companies and others do not apply to them. The second one, as a result of the first purpose, is to determine if the current regime has protectionist measures and obstacles to free and fair trade; that with their removal, the countries under analysis can establish local regimes that are consistent with modern standards, with their commitments in the multilateral trade scenario and with their internal economic integration process; and how this can improve their competitiveness, and protect the rights of the final consumers. The proposed Korea-Central America Free Trade Agreement may be an opportunity to policymakers to use the inputs of this thesis in order to improve the legislation, if they agree with my findings.
more목차
TABLE OF CONTENTS
ABSTRACT 5
ACKNOWLEDGMENTS 6
TABLE OF CONTENTS 7
CHAPTER I. Introduction
1.1 Introduction 9
1.2 Historical background of the regulation on Distributorship in Central America 12
1.3 Modern standards of distributorship agreements 15
1.4 CAFTA-DR: origins, characteristics, structure and effect on Distributorship regime 17
1.5 Statement of the problem 25
CHAPTER II. Methodology
2.1 Research Question 28
2.2 Objectives 28
2.3 Qualitative procedure 29
2.4 Analysis of survey and sources 30
2.5 Rationale of the study 31
2.6 Limitations 32
CHAPTER III. Comparative study
3.1 Key characteristics of the regulation of Distributorship Agreements, post CAFTA-DR 33
3.2 Indemnity or damages 34
3.3 Termination without responsibility due to "just cause" 35
3.4 Exclusivity 36
3.5 ADR standard 36
3.6 Application 37
3.7 Application to companies from Non CAFTA-DR countries 38
CHAPTER IV. Survey
4.1 Survey to Korean professionals 42
4.2 Analysis of the results 45
CHAPTER V. Conclusions
5.1 Conclusions 50
5.2 Recommended improvements in legislation for El Salvador and Dominican Republic 51
Appendix 53
References 61
