• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.313-328
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• 2013

Today FTA extends over the world and Korea as a main member of international trade is no exception. In the past Korea, as the developing countries, has made endlessly effort to induce foreign investment from foreign enterprise and/or government to be a truly OECD countries today and made it. Korea's trade economy was reached 1 trillion dollars in 2012. Now we have to find a new way to produce, process, procure goods from foreign investment and also need to protect our profit and/or rights within foreign judicial territory. There are two method to protect foreign enterprise or government. First they rely on general principles in WTO or Bilateral Investment Treaty that the principle of equality, national treatment, and most-favored-nation treatment, you can create a predictable environment to protect foreign enterprise and/or government. Second they need to incorporate contractual clauses in their agreement such as stabilization clause, force majeure, arbitration, governing law or sovereign immunity. Of course there are many things left behind to consider I hope it will be helpful to those who prepare foreign investment contract.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.687-690
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• 2007

This study is a basic research on looking onto bringing performance warranty contract into the country, to consider the usage in architecture which it is usually used on road pavement in developed countries. The study will also apply performance warranty contracts on public private partnerships through examination and analysis of various matters which will lead to globalization of the korean architecture industry, the increase of quality of result, better convenience for the orderer, the decrease of cost, and the acceleration on research for technical development.

• The monthly packaging world
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• s.76
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• pp.104-107
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• 1999

지난 5월 27일부터 30일까지 4일간 서울국제 무역전시장에서는 99서울국제포장기자재전이 열렸다. 대한무역투자진흥공사와 한국산업디자인진흥원, 그리고 (사)한국포장협회가 공동주최한 이번 전시회에서는 18,493명에 달하는 참관객이 방문해 440여건에 달하는 내수 및 수출계약 건수를 올렸는데 29개국 193명의 외국 바이어들이 참관해 국내 포장산업을 소개하는 계기가 되기도 했다. 한편, 이번 전시회의 주최 측에서는 5월 30일 하루동안 전시참가업체 92개사

• Journal of the Korea Society of Computer and Information
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• v.24 no.11
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• pp.187-193
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• 2019

The study is to investigate the impact of the knowledge sharing and utilization among the participants in international joint ventures on the characteristics and the joint venment performance of the participants. The specific areas of the investigation for significant impacts of knowledge sharing & utilization by international joint ventures are contract compliance, motivation & willingness for business participation, management autonomy, organizational culture and the joint performances, and the characteristics that are unique to the participants in international joint ventures are empirically investigated as well. The findings of the empirical analysis are as follows: knowledge sharing & utilization has positive impacts on the areas of contract compliance, management autonomy, motivation & willingness for business participation and organizational culture, and, in return, the areas of contract compliance, managerial autonomy, and motivation & willingness for business participation appeared to have positive effects on their joint venture performances.

• Journal of Arbitration Studies
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• v.18 no.2
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• pp.149-171
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• 2008

The purpose of this paper is to examine the Measures against Risks in International Investment Agreement: focusing on Umbrella Clause and MIGA. Umbrella Clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. The meaning of umbrella clauses is one of the most controversial issues with which international arbitral tribunals have been recently confronted with while adjudicating investment disputes brought before them MIGA issues guarantees against non-commercial risks for investments, such as: currency transfer restrictions, expropriations, war and civil disturbances and breach of contract by host governments, and the case that the investor obtains an arbitration award or judical decision for damages and is unable to enforce it after a specified period. Furthermore, MIGA undertakes a wide range of mediation activities designed to remove obstacles to the flow of foreign direct investment in its developing member countries.

• Korea Trade Review
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• v.41 no.5
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• pp.305-323
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• 2016

The scope of umbrella clause is very important because it is possible to extend or reduce the range of protection of the investment. Umbrella clause stipulated in the majority of BIT is often controversial, since there is no established criteria for the scope. So, this study considered ICSID arbitration cases related to the scope of umbrella clause. There are two different approaches for the scope of umbrella clause by arbitral tribunals. First, all of the disputes on the investment contract elevated to the disputes on the BIT. And umbrella clause can be applied that the host state entered into investment contract not only as a sovereign but also as a merchant. Second, all of the claims on the investment contract don't elevate to the claims on the BIT. Umbrella clause can be applied only if the host state violates the protected investment contractual rights and obligation under the BIT. And umbrella clause can be applied that the host state entered into investment contract as a sovereign but not as a merchant. Therefore, this study suggests to concretely specify the scope of umbrella clause under the BIT. And it is necessary to improve predictability by establishing continual database of the scope of umbrella clause and to prepare for investment disputes related to the scope of umbrella clause.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.33-52
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• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

• Proceedings of the Korean Society of Computer Information Conference
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• 2019.07a
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• pp.189-190
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• 2019

본 연구는 국제합작사업 기업들을 대상으로 합작사업 참여기업 간 특성이 지식공유 및 활용과 합작 성과에 어떠한 영향을 주는지를 살펴보고자 하는 실증연구이다. 본 연구에서는 국제합작사업 참여기업 간 특성을 참여기업간 계약준수, 사업참여동기 및 의지, 경영자율성, 조직문화들이 지식공유 및 활용과 합작성과에 어떠한 유의한 영향을 미치며 또한, 국제합작사업 기업들만이 가지는 특징을 실증분석을 통하여 알아보고자 한다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.3-24
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• 2010

The contours of the definition of an indirect expropriation are not precisely drawn. In some recent ICSID decision, tribunals have interpreted the concept of indirect expropriation narrowly and have preferred to find a violation of the standard of fair and equitable treatment. Thus, I analyzed the three Requirements of Indirect Expropriation basis of ICSID Cases as below. First, the effect of measure upon the economic benefit value as well as upon the control over the investment will be the key question when it comes to deciding whether an indirect expropriation has taken place. Whenever this effect is substantial and lasts for a significant period of time, it will be assumed prima facie that a taking of the property has occurred. Second, legitimate play a key role in the interpretation of the fair and equitable treatment standard. But they also found entry into the law governing indirect expropriation. Finally, the duration of a government measure affecting the interests of a foreign investor is important for the assessment of whether an expropriation has occurred.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.7 no.3
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• pp.483-493
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• 2006

The purpose of the study is to make a proposal of how to improve the separate account in Korean life insurance accounting and regulations. A separate account is required to improve the transparency of accounting and fairness of dividing the profit between company and lift insurance contractors. A separate account may be the first step to solve this conflict by clearing the profit sharing of shareholder's and contractor's of the insurance with dividend. The separate account should be designed to reflect the real economic consequences of insurance company and consider the real outcome of the performance-based insurance commodities. The separate account should contain the rules of IASs and KASs. If a separate account is successfully settled down, the portions of contractor's dividend and the dispute about initial public offering of insurance companies can be solved gradually.