• Title/Summary/Keyword: Covenant

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How to Reflect Sustainable Development, exemplified by the Equator Principles, in Overseas Investment (해외투자(海外投資)와 지속가능발전 원칙 - 프로젝트 파이낸스의 적도원칙(赤道原則)을 중심으로 -)

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.27-56
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    • 2006
  • Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

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An Investigation of Local Naming Issue of Tamarix aphylla (에셀나무(Tamarix aphylla)의 명칭문제에 대한 고찰)

  • Kim, Young-Sook
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.37 no.1
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    • pp.56-67
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    • 2019
  • In order to investigate the issue with the proper name of eshel(Tamarix aphylla) mentioned in the Bible, analysis of morphological taxonomy features of plants, studies on the symbolism of the Tamarix genus, analysis of examples in Korean classics and Chinese classics, and studies on the problems found in translations of Korean, Chinese and Japanese Bibles. The results are as follows. According to plant taxonomy, similar species of the Tamarix genus are differentiated by the leaf and flower, and because the size is very small about 2-4mm, it is difficult to differentiate by the naked eye. However, T. aphylla found in the plains of Israel and T. chinensis of China and Korea have distinctive differences in terms of the shape of the branch that droops and its blooming period. The Tamarix genus is a very precious tree that was planted in royal courtyards of ancient Mesopotamia and the Han(漢) Dynasty of China, and in ancient Egypt, it was said to be a tree that gave life to the dead. In the Bible, it was used as a sign of the covenant that God was with Abraham, and it also symbolized the prophet Samuel and the court of Samuel. When examining the example in Korean classics, the Tamarix genus was used as a common term in the Joseon Dynasty and it was often used as the medical term '$Ch{\bar{e}}ngli{\check{u}}$(檉柳)'. Meanwhile, the term 'wiseonglyu(渭城柳)' was used as a literary term. Upon researching the period and name of literature related to $Ch{\bar{e}}ngli{\check{u}}$(檉柳) among Chinese medicinal herb books, a total of 16 terms were used and among these terms, the term Chuísīliǔ(垂絲柳) used in the Chinese Bible cannot be found. There was no word called 'wiseonglyu(渭城柳)' that originated from the poem by Wang Wei(699-759) of Tang(唐) Dynasty and in fact, the word 'halyu(河柳)' that was related to Zhou(周) China. But when investigating the academic terms of China currently used, the words Chuísīliǔ(垂絲柳) and $Ch{\bar{e}}ngli{\check{u}}$(檉柳) are used equally, and therefore, it appears that the translation of eshel in the Chinese Bible as either Chuísīliǔ (垂絲柳) or $Ch{\bar{e}}ngli{\check{u}}$(檉柳) both appear to be of no issue. There were errors translating tamarix into 'やなぎ(willow)' in the Meiji Testaments(舊新約全書 1887), and translated correctly 'ぎょりゅう(檉柳)' since the Colloquial Japanese Bible(口語譯 聖書 1955). However, there are claims that 'gyoryu(ぎょりゅう 檉柳)' is not an indigenous species but an exotics species in the Edo Period, so it is necessary to reconsider the terminology. As apparent in the Korean classics examples analysis, there is high possibility that Korea's T. chinensis were grown in the Korean Peninsula for medicinal and gardening purposes. Therefore, the use of the medicinal term $Ch{\bar{e}}ngli{\check{u}}$(檉柳) or literary term 'wiseonglyu' in the Korean Bible may not be a big issue. However, the term 'wiseonglyu' is used very rarely even in China and as this may be connected to the admiration of China and Chinese things by literary persons of the Joseon Dynasty, so the use of this term should be reviewed carefully. Therefore, rather than using terms that may be of issue in the Bible, it is more feasible to transliterate the Hebrew word and call it eshel.