• 한국중재학회지:중재연구
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• 제27권3호
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• pp.33-52
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• 2017

This article tried to describe the laws concerning the enforcement of foreign arbitration awards in Indonesia. This issue is relevant in the light of frequent curiosity of foreign commentators, business communities, practicing lawyers, concerning the arbitration in Indonesia, in particular its enforcement of foreign arbitration awards. The main laws on arbitration analyzed were, firstly, the Indonesian law on arbitration, namely Law No 30 of 1999 on Arbitration and Alternative Dispute Resolution and the Presidential Regulation No 34 of 1981 concerning the Ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. The provisions of Law of 1999 analyzed were confined to its international provisions on arbitration, in particular the requirements for the enforcement of foreign arbitration awards and also the requirement that the awards do not violate Indonesian public policy. The problem with the Indonesian arbitration law (and the courts' practice) were that no provisions which provided guidance or meaning with regard to public policy. The absence or lack of guidance or definition on public policy had some times confused lawyers or the parties in dispute fearing that their arbitration awards would not be enforced due to the violation of public policy. Secondly was the different opinion of two Indonesian arbitration experts, Prof. Sudargo Gautama and Prof. Priyatna Abdurrasyid. Both scholars had rather different opinions with regard to the meaning of public policy in Indonesia. Thirdly was a recent case law, Astro Nusantara Bv et.al., vs PT Ayunda Primamitra Case (2010) decided by the Indonesian Supreme Court with regard to the enforcement of foreign arbitration awards. This article concluded that the Indonesian court, in particular the Central of Jakarta Court, so far have given its support that the execution of foreign awards was duly enforced.

• 안보군사학연구
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• 통권3호
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• pp.169-196
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• 2005

The point of Bush administraion’s foreign policy is to support the promotion and stability of Democracy in Iraq and counter terrorism and spread of WMD with his strong propulsive force caused by his reelection. In such an environment, there are his leadership, his team, himself, Kim Jung Il, and a new understanding of North Korea after September 11 as the effective factors of Bush administration’s policy toward Pyongyang. Bush administration’s foreign policy of North Korea also shows the process of North Korea’s nuclear weapon program and the future scenario of the Korean Peninsula with "the persistence of solving North Korea’s nuclear weapon program such as the method having done in Lybia", "the holding unconditional talks with Pyongyang, and "the continual concerns with human rights in North Korea." The purpose of Bush administration’s foreign policy of North Korea is to make North Korea do not support terrorism rather than remove the nuclear weapon in North Korea. The process of outlining South Korea’s policy toward North Korea must be considered for "national interest" with reasonable analyses not just hopes For this, South Korea must access systematically human rights of North Korea, prepare projects for a daring approach on North Korea, and strengthen South Korea’s defense ability toward North Korea with deep alliance with U.S and systematize the mutual understanding channel between U.S and South Korea. In conclusion, South Korea must try to get specific methods and practices about Bush administration’s foreign policy of North Korea with national wisdom

• 한국중재학회지:중재연구
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• 제14권1호
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• pp.213-244
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• 2004

This article studied on international trade dispute of enforcement procedure of foreign arbitral awards at Korean Supreme Court, which is especially related to New York Convention article 5, The key points of most enforcement procedure were about public policy according New York Convention article 5, 2, b and New York Convention article 5, 1. Particularly, Judgement of public policy from Supreme Court represented that the recognition and enforcement of foreign arbitral award is to present and protect basic moral conviction and social order from spoiling, and not only domestic situation but also international stability of transaction should be taken into consideration in judging on recognition and enforcement of foreign arbitral award, which is construed under certain limitation. In this point, you should be understand the concept on refusal reasons in enforcing of foreign arbitral awards

• 의정연구
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• 제24권2호
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• pp.5-38
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• 2018

문재인 정부 출범 후 한반도 외교지형에는 지각변동이 진행되고 있다. 무엇보다도 교착 상태에 빠져 있던 북핵 문제 해결, 그리고 한반도의 적대 상태 종식을 향한 새로운 동력이 생성되고 있다. 이러한 거대한 변화가 진행되고 있는데는 '운전자론'으로 표현되는 문재인 정부의 창의적인 외교정책에 힘입은 바가 크다. 하지만 문재인 정부의 외교정책은 과거 보수정권의 외교정책과의 연속성 또한 보이고 있다. 문재인 정부는 한미동맹의 중요성을 지속적으로 강조하면서 북핵문제 등의 해결에 있어 미국과의 굳건한 공조체제를 유지할 것임을공개적으로 천명하고 있다는 점에서 특히 그러하다. 사실 외교정책의 연속성 유지는 국내적 합의 기반 구축, 대외적 신뢰 제고, 기대-현실 간극의 부작용 완화 등에 기여할 수 있다는 점에서 긍정적인 효과를 수반할 것으로 기대된다.

• 국제지역연구
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• 제15권1호
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• pp.31-60
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• 2011

메드베데프 정부는 오바마 정부의 '재설정' 정책과 글로벌 경제위기로 인한 경제 현대화의 필요성에 따라 새로운 대외정책노선을 채택했다. 새로운 대외정책의 목표는 경제 현대화를 위한 호의적인 외적 환경 조성과 대외적 자원의 효율적 이용에 있으며, 이를 위한 과제로 다른 강대국들과의 대립 회피, 국경 주변의 분쟁 방지, 외부로부터의 자본 투자와 첨단기술 도입 활성화 등이 설정되었다. 이러한 대외정책노선은 미국과는 전략적 협력의 기반 조성, 유럽과는 '현대화 동맹'을 위한 준비, 중국 및 일본과는 협력과 갈등의 관리, 탈소비에트 국가들과는 전략적 안정과 경제적 통합의 이중전략을 통해 구체화되고 있다. 그러나 새로운 대외정책노선이 미국 및 유럽과의 관계강화를 우선순위에 둔다고 해서, 그것이 1990년대 초 자유주의적 친서방 노선으로의 회귀를 의미하지는 않는다. 러시아가 '현대화' 개혁을 추진하는 궁극적인 목표는 여전히 푸틴 정부의 대외정책노선이었던 다극적 세계질서에 부합하는 강대국 러시아의 재건에 있다. 이런 맥락에서 메드베데프 정부에서 진행되고 있는 대외정책 변화는 목표의 변화 없이 그것을 실현하는 수단 또는 방식의 변화를 의미하는 '국제적 차원의 프로그램 변화(program change on international level)'로 규정할 수 있을 것이다.

• The Journal of Asian Finance, Economics and Business
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• 제8권2호
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• pp.791-800
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• 2021

Along with the trend of financial globalization, Vietnam has undergone a process of increasing financial integration. The great capital inflow poses a problem for the monetary policy's ability to follow a planned target during the changes in the global financial markets. This paper aims to examine the impact of financial integration on monetary policy independence in Vietnam and investigate the role of foreign exchange reserves on this relationship. The research borrows from Mundell-Fleming's Trilemma theory. The results show that increasing financial integration reduces the independence of monetary policy in the short term, and foreign exchange reserves have not shown an apparent role in Vietnam. In addition, increasing exchange rate stability has a negative impact on the independence of monetary policy, but it has an impact on growing market confidence and partly supporting the management process of monetary policy in the short term. Therefore, in the long run, Vietnam needs to allow exchange rate flexibility more, but there should not be sudden changes; the size of foreign exchange reserves should be strengthened to facilitate the implementation of an independent monetary policy with an obvious impact in the context of an increasing scale of international capital flows in the future.

• STI Policy Review
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• 제5권2호
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• pp.43-64
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• 2014

Korea has pursued an aggressive policy of inviting more foreign-born students to its universities since the late 1990s in the wake of the globalization of education markets and its changing demographic structure. While increasingly more students from Asia come to Korea for study, more than half of the graduates return home upon graduation. Given the issues of brain drain, brain circulation, and knowledge transfer that are raised by such a high return rate, this paper examines the factors that frame the foreign students' decision on their post-graduation careers. By analyzing survey data, we report that Asian students majoring in science, technology, engineering, and mathematics (STEM) are more likely to return than non-STEM majors. This suggests that Korea's aggressive policies of inviting foreign-born students have contributed to brain circulation and knowledge transfer between Korea and the other Asian countries. We also find that scholarships from Korean sources and positive attitudes toward Korean culture and life increase their inclination to stay in the country upon graduation. These findings, however, raise more questions than answers, since it becomes obvious that their post-graduation decisions are highly affected by what Korea as a society provides.

• 한국중재학회지:중재연구
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• 제21권3호
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• pp.115-136
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• 2011

In the past, Chinese arbitral system and Chinese arbitral associations were avoided by international society due to the cases which Chinese court rejected the recognition and enforcement of foreign arbitral awards based on rural protection. Especially Chinese court adjudicated to reject the recognition and enforcement of arbitral awards by interpreting public policy broadly. The abuse of public policy by court threats the existence of commercial arbitration system. Under this awareness, the author figured out Chinese court shows what kind of attitude about public policy of Chinese court in the present through analyzing the cases about rejection of enforcement in Chinese arbitral awards in order to analyze whether Chinese court still maintain the negative attitude like past or there exist changes with public policy which is one of the rejection reasons of recognition and enforcement in foreign arbitral awards as the central figure. Chinese court behaved in an uncooperative attitude about arbitral awards like that it reached a verdict to reject the enforcement of arbitral awards by reason of violation in public policy about several foreign arbitral awards at the beginning stage of establishing arbitration law. However, the situation of abuse in public policy was improved a lot by Chinese prime court which enforces pre-inspection system about judgment of rejection of enforcement in arbitral awards. So, there is no case about rejecting the approval and enforcement of arbitral awards by reason of violation in public policy by Chinese court except Yongning Co. case. Moreover, Chinese court got the trust and support from other countries through reinforcement of applied standard. However, Chinese court had been expressed concern from international society because they highly applied public policy and rejected to enforce arbitral awards in the recent case of Yongning Co.. Therefore, this study examined whether it is appropriate to apply public policy of Chinese court in the case of Yongning Co., and then I concluded that. Although Yongning Co. case is the first case which Chinese prime court agrees with public policy by reason of rejection of approval and enforcement in foreign arbitral awards, in my opinion, it doesn't mean that Chinese court has fundamental change in basic attitude and position about the approval and enforcement of foreign arbitral awards. Chinese court keeps the cautious uses of public policy in legal judgment of foreign arbitral awards and it looks like implementing the obligation in regulation of New York Convention sincerely.

• 융합경영연구
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• 제11권3호
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• pp.25-35
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• 2023

Purpose: This paper examines whether foreign aid influences public sector efficiency in policy areas of administration, education, and stability. Research design, data and methodology: The study uses panel data of 77 aid recipient developing countries over the period 2000-2020 and employs various panel data techniques to estimate. Results: We found that a percentage change in foreign aid increases administrative efficiency by 0.02 to 0.04 on average ceteris paribus in the short run. On the other hand, a percentage increase in foreign aid decreases education efficiency by 0.005 to 0.006 on average. While the impact of foreign aid on the policy area of stability is insignificant. Conclusions: The empirical results of this study have important implications for both donors and aid recipient countries. It suggests that to get positive influence from foreign aid, in the area of education and stability, the recipient countries need to increase accessibility of secondary schools with quality education especially; technical and vocational. Also, the donor should provide a minimum threshold amount of foreign aid to developing countries for reforming the institutions' capacity building.

• 유통과학연구
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• 제12권7호
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• pp.77-88
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• 2014

Purpose - Based on the existing retail policy literature, this study aims to compare Korea with foreign countries, to propose better ideas for the Korean retail market. Research design, data, and methodology - It is necessary to analyze the existing retail regulations after categorizing them into several groups, depending on why governments have regulated retailers and the background for the retail policy. Results - Given that Korean retail regulations have focused on protecting conventional markets, comparing the retail policy objectives of South Korea and foreign countries is difficult. Conclusions - It is necessary examine how to protect independent stores, irrespective of store locations across the country. Rather than limiting the distance between traditional markets and the projected locations suggested by large retailers, various factors such as store size limit, opening and closing times, below-cost selling, land use planning, and competition tests are needed to protect small stores. Further, centralized authority for store operations should be delegated to local governments, to tackle the aggressive expansion of retail giants. To protect independent stores, political background is among the most important factors.