• Title/Summary/Keyword: Foreign assistance

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The U.S. Supreme Court Finally Limits the Scope of Judicial Assistance in Private International Arbitral Proceedings Pursuant to 28 U.S.C. §1782 in its Recent Decision of ZF Auto. US, Inc., v. Luxshare, Ltd., 596 U.S. ___ (2022)

  • Jun, Jung Won
    • Journal of Arbitration Studies
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    • v.32 no.3
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    • pp.29-46
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    • 2022
  • Until recently, there has been a circuit split as to whether parties to foreign private arbitral proceedings could seek assistance from the U.S. courts for discovery pursuant to 28 U.S.C. §1782. The circuit courts have differed on the issue of whether a private arbitral proceeding may be considered a "proceeding in a foreign or international tribunal" in terms of the statute, which would ultimately allow or disallow judicial assistance in taking of evidence by the U.S. district courts for use in the requested proceedings. While the U.S. Supreme Court has addressed the applicability of §1782 in its Intel decision in 2004, it had not established a test as to what constitutes a foreign or international tribunal for the purposes of §1782, thereby leaving it open for lower courts to continue to interpret §1782 in their own ways, as requests for judicial assistance in taking of evidence are filed. In the recent decision of ZF Auto. US, Inc., v. Luxshare, Ltd., the Supreme Court has finally clarified that in order for an arbitral panel to be a "foreign or international tribunal" under §1782, such panels must exercise governmental authority conferred by one nation or multiple nations. Therefore, private commercial arbitral panels are not "foreign or international tribunal(s)" for the purposes of §1782 because they do not constitute governmental or intergovernmental adjudicative bodies. Such holding is necessary and legitimate for interested parties in international arbitration, as well as, potential parties of arbitration who are contemplating alternative dispute resolution for their dispute(s).

The Political Economy of Aid Failure in Zambia

  • Kim, Jiyoung
    • International Area Studies Review
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    • v.21 no.4
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    • pp.271-294
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    • 2017
  • Despite a huge amount of foreign assistance and close economic guidance by international donors throughout the past decades, Zambia today still suffer from a high level of aid dependency and the absence of sustainable economic development. In this study, I investigate the factors that resulted in aid (and development) failure in Zambia, focusing on institutional/historical contexts. I propose that in Zambia, government has largely failed to implement (or even produce) effective economic policies that could lead to successful use of foreign assistance for long-term, sustainable development. In particular, I focus on the nature of state and politics in Zambia, and argue that failed politics is one of the main causes of development and aid failure in Zambia and highlight colonial legacies and other contextual/institutional factors to understand the nature of politics and state in Zambia. In particular, this paper proposes that the Zambian case demonstrates that foreign aid and donor influence could worsen the situation directly by simply providing wrong guidance and also by further weakening the state (and institutional) capacity of the recipient country.

Empirical Study About ODA Effects on Job Creation

  • Seung Hee Ha;JaeHong Park
    • Journal of Korea Trade
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    • v.26 no.6
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    • pp.1-19
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    • 2022
  • Purpose - This study empirically investigates the effects of Official Development Assistance (ODA) on the economic activities of private actors in recipient countries. As a proxy for the economic activities of private actors, we utilize the job creation activities of foreign subsidiaries in recipient countries. The foreign subsidiaries provide a foundation for economic development by creating paying jobs. That is, if ODA has been successfully transferred to foreign subsidiaries, then these foreign subsidiaries should help economic growth and help create a boom in the local market by providing jobs. These jobs eventually lead to the achievement of the primary aims of foreign aid, including poverty reduction. Thus, this study empirically examines the relationship between ODA and the number of jobs created by foreign subsidiaries in recipient countries. Design/methodology - This is the first study to examine the effects of the ODA on the job creation of foreign subsidiaries because it has been hard to obtain internal information related to the employment status of foreign subsidiaries. Fortunately, we have a unique panel dataset provided by the Export-Import Bank of Korea (KEXIM) for 2006 to 2013. In terms of the empirical specification, we use the generalized least squares (GLS) method. The panel GLS estimator allows us to have an efficient estimation that overcomes the limitations of the panel data. It employs assumptions about the heteroscedasticity between the panels and makes an autocorrelation of the error term within each panel. Findings - We find that ODA influences job creation in foreign subsidiaries. In particular, we found that ODA creates more jobs in sales than in managerial or production positions. This study also shows that the effect of the ODA on the foreign subsidiaries' job creation activities depend on the purpose of the ODA. By examining ODA effects on the foreign subsidiaries' economic activities (e.g., job creation), this study fills a gap in the current literature. Originality/value - Existing studies that focus on the ODA effect have either a macroeconomic point or a microeconomic point of view. However, both approaches do not explain how well foreign aid has influenced private economic actors of recipient countries. In essence, previous researchers found it difficult to obtain the necessary data for internal employment status from foreign subsidiaries. However, thanks to the Korea Export-Import Bank, this study shows that ODA indeed influences the job creation activities of foreign subsidiaries even after controlling for other factors such as FDI, GDP growth rate, employment rate, household expenditure, mother firms' share, etc. By doing so, we can examine how ODA influences the job creation of foreign subsidiaries, which might help economic development and reduce the amount of poverty in recipient countries.

Restful Web Services Composition Using Semantic Ontology for Elderly Living Assistance Services

  • Fattah, Sheik Mohammad Mostakim;Chong, Ilyoung
    • Journal of Information Processing Systems
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    • v.14 no.4
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    • pp.1010-1032
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    • 2018
  • Recent advances in medical science have made people live longer, which has affected many aspects of life, such as caregiver burden, increasing cost of healthcare, increasing number of disabled and depressive disorder persons, and so on. Researchers are now focused on elderly living assistance services in smart home environments. In recent years, assisted living technologies have rapidly grown due to a faster growing aging society. Many smart devices are now interconnected within the home network environment and such a home setup supports collaborations between those devices based on the Internet of Things (IoT). One of the major challenges in providing elderly living assistance services is to consider each individual's requirements of different needs. In order to solve this, the virtualization of physical things, as well as the collaboration and composition of services provided by these physical things should be considered. In order to meet these challenges, Web of Objects (WoO) focuses on the implementation aspects of IoT to bring the assorted real world objects with the web applications. We proposed a semantic modelling technique for manual and semi-automated service composition. The aim of this work is to propose a framework to enable RESTful web services composition using semantic ontology for elderly living assistance services creation in WoO based smart home environment.

A New Perspective of Foreign Assistance Ethics: Cosmopolitanism (해외원조의 새로운 윤리적 시각: 세계시민주의)

  • Lee, Hyun-Jung
    • Journal of Ethics
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    • no.82
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    • pp.193-212
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    • 2011
  • Republic of Korea had undergone a meaningful transformation from aid recipient country to aid donor country and it was the only case among OECD countries. It became the 24th member of DAC in November, 2009. Therefore, it is required that we have to expand assistance which comes up to current economic power of Republic of Korea. However there are weak theoretical consideration about the obligation and justification of foreign aid fundamentally. These researches are almost about communitarianistic, liberalistic perspectives of view but with these, it is hard to enlarge current foreign aid into international level and it also takes a passive approach in obligation to provide. With these contexts in mind, this study proposes cosmotolitanism as an new alternative of foreign aid. This paper seeks to discuss that why we should give assistance to poverty-stricken counties and checking whether we have a obligation of foreign aid or not and the way or the extent to deal with if there is a obligation to help. Cosmotolitanism suggests that whole world is obliged with helping each other to enjoy equal rights and meet the obligation for others because people of the third world countries also have their own lives on the Earth like us and they are sharing all-global plan and future together. The existing discussion took a negative, restrictive attitude but it could mention that there is great relevance to discuss about Cosmotolitanism since it connotes the obligation for the third countries and their people itself.

International Development Assistance of Russia

  • Kim, Bongchul
    • International Journal of Advanced Culture Technology
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    • v.8 no.2
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    • pp.209-215
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    • 2020
  • Russia has an interesting history as a donor, recipient and re-emerging donor in international development assistance (IDA). This article introduces the history, policy and challenges of Russian IDA, and provides suggestions for such challenges. The main barrier to Russian IDA is the absence of a central government agency and Russia can learn from other country's experience. Concerning lack of data on the provision of assistance to each sector of IDA and the large number of recipient countries, Russia can learn from Korea particularly in education sector. With respect to building a system ensuring the efficiency of the Russian IDA works, a tool for analysis of the effect of the Russian IDA programmes may be drawn in consultation with international institutions or successful programmes of other donor countries.

International Health Cooperation and Challenges for Official Development Assistance (보건의료의 공적개발원조 방향과 과제)

  • Nam, Eun Woo
    • Health Policy and Management
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    • v.28 no.3
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    • pp.320-326
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    • 2018
  • As the United Nations announced Sustainable Development Goals (SDGs) in 2015, the world changed its development goals from focusing on efficiency to equity. As a result, in the health sector, universal health coverage (UHC) has become one of the main issues. This paper reviews and discusses on future direction and issue of official development assistance program for developing countries. Korea International Cooperation Agency under the Ministry of Foreign Affairs published on Korea International Cooperation Agency's mid-term health strategy 2016-2020 developed on participation program with stakeholder including governments, civil society partner organizations, and educational institutions. The SDGs expands non-communicable diseases, UHC, and global health security from the existing Millenium Development Goals health sector. Progress toward UHC underpins the achievement of all other targets under SDG Goal 3. Progress in reducing health inequality across the life course is drawing on overall data and from specific target. In order to achieve SDG 3, a multi-disciplinary approach, convergence between IT and u-health of this development, is desirable.

The Impact of Foreign Direct Investment, Aid and Exports on Economic Growth in Vietnam

  • NGUYEN, Cung Huu
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.10
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    • pp.581-589
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    • 2020
  • Foreign factors play an important role in the socio-economic development of each country, in which foreign direct investment (FDI), foreign aid and exports of goods and services are always given top priority in undeveloped countries as well as developing countries. The purpose of this study is to examine the relationship between the various factors such as FDI, foreign aid, exports and economic growth in Vietnam. The empirical method employed secondary time-series data set during the period 1997-2018 to determine the impact of FDI, foreign aid and exports on economic growth in Vietnam by using a linear approach. For this study, data is collected from the World Bank and relevant agencies in Vietnam. An empirical model is built with a correlation and regression analysis between economic growth (GDP, current) and three independent variables (FDI, aid, exports of goods and services). The results show that the relationship between FDI (net inflows), aid, exports and GDP (current) has a positive effect at a 1% significance level. Based on these findings, the article recommends that Vietnam continues to seek effective solutions to maintain high economic growth rates by attracting FDI inflows, official development assistance (ODA), and increasing exports of goods and services.

Development Process of Nuclear Power Industry in a Developing Country : Korean Experience and Implications (개발도상국에 있어서 원자력산업의 기술발전과정 분석 : 한국의 경험과 시사점)

  • 홍사균
    • Proceedings of the Technology Innovation Conference
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    • 1999.06a
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    • pp.176-202
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    • 1999
  • Korea has exerted her efforts to assimilate nuclear power technology, and reportedly localized 95 percent of nuclear power technology by 1995. This paper investigates the evolution of nuclear power program in Korea to exploit the development process of the nuclear power industry and key factors for the technological localization of nuclear power plant. In developing countries, an imitative catching-up process can be shown as a course for developing the absorptive capacity of foreign technology, which depends on prior knowledge base and the intensity of effort. The process of technological learning consists of five stages including preparation, implementation of foreign technology, acquisition of peripheral technology, acquisition of core technology, and improvement f foreign technology. Moreover, this paper discusses six essential factors that have influenced the successful achievement of technological localization of nuclear power plants in Korea. They include the role and strategies of the government, the leading role of utility firm, the development and cooperation of the related organizations, the development of human resources and their efforts, market conditions and the assistance of foreign donors, and social conditions. Finally, this paper discusses about implications offered by the Korean experience for other developing countries.

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