• Journal of Arbitration Studies
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• v.24 no.1
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• pp.25-44
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• 2014

Conflict between transnational environmental issues and foreign investment in capital-importing states can be commonly found. Actually, several investor-state dispute arbitration cases like Bilcon v. Canada, S.D. Myers v. Canada, and Metalclad v. Mexico concerned environmental matters. States are worried about their measures for securing the environment might be deemed to go against international investment agreements and foreign investors also are anxious because of excessive regulations. Against this backdrop, stakeholders attempt to strike a balance between securing foreign investment and preserving the environment. This article argues that the investment chapter of the Korea-US FTA tries to solve environment-investment collision in investor-state disputes. Before analyzing the provisions of the investment chapter most relevant to environmental issues, this article points out the most typical types of environmental clauses included in international investment agreements. The investment chapter of the Korea-US FTA has provisions which effectively prevent measures from becoming useless when those measures are legitimate measures relevant to environmental matters. This does not mean that the Korea-US FTA completely solves the conflict between environmental issues and the protection of foreign investment, but still it paves the way for a prudent solution which would hash out this thorny problem.

• International Journal of Computer Science & Network Security
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• v.21 no.11
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• pp.81-88
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• 2021

The presented scientific research substantiates the principles of the mechanism of the investment resources involvement in order to introduce innovations at enterprises in the context of digitalization using a resource-functional approach. The importance of attracting investment resources, which contributes to the modernization of production systems, the creation of a stable economic field of development of economic entities, is justified. The expediency of application of the resource-functional approach on research of the mechanism of attraction of investment resources for introduction of innovations at the enterprises in the conditions of digitalization is proved. The investment process is presented in the form of a chain of interdependent processes which include: attraction of investment resources, investments, increase of investment value, profit. It is proved that the mechanism of attracting investment resources for the introduction of innovations in enterprises in the context of digitalization cannot be considered in isolation from the process, due to the fact that the mechanism is aimed at performing specific functions. The functions of the mechanism include management, complex, coordination, monitoring, performance and control functions. Functions of the mechanism of attraction of investment resources for introduction of innovations at the enterprises in the conditions of digitalization are caused by the purposes of attraction of investment resources for innovative development; the presence of an objective nature; relative independence and homogeneity; implementation of functions in the process of investing in innovative activities of the enterprise.

• 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.

• The Journal of Industrial Distribution & Business
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• v.10 no.11
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• pp.15-23
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• 2019

Purpose: Global economic integration has provided good opportunities and conditions for the development of foreign direct investment in Finances. Therefore, this paper attempts to explore what determines foreign direct investment in Finances of Organization for Economic Co-operation and Development (OECD) countries. Research design, data and methodology: This paper employs the panel data over the period 2005-2017 and uses the random effect model to estimate this proposition. Results: The results indicate that the foreign direct investment in services, growth rate of GDP, interest rate and saving are positively related with foreign direct investment in finances. Conversely, the growth rate of wage and fluctuation rate of exchange rate are negatively related with foreign direct investment in finances. Moreover, the results verify that the effect of these variables on foreign direct investment in finances is different before and after 2008 (global economic crisis). In addition, the results also manifest that the regional effect exists. Namely, the effect of these variables on foreign direct investment in finances between G7 countries and G20 countries exist significant difference. Conclusions: Those variables used in this paper are related with foreign direct investment in Finances of (OECD) countries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.183-213
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• 2005

This study is achieving overseas investment to be kept and manages important position in business scope because Korean Company achieves business in major market in world and goes forward. under proposition that development(foreign direct investment) previous engagement can not but differ with advanced nation enterprise's model in over sea direct investment achievement. Grasp ramification(pattern change substance) of overseas direct investment since the 1990 to korean manufacture Firm(enterprise). Seek political consultation by analyzing change of factor and investment decision factor by year in dimension by industry investment winter season by year affecting in oversea direct investment and was attained in purpose to verify existent theory's explanation power connected with investment previous engagement. This is that can develop and procure competitive advantage of enterprise peculiarity by making overseas direct investment adversely with existent theory that can make foreign country direct investment though there is high position of enterprise characteristic's competitive advantage and move of knowledge and information is important in korean firm's overseas direct investment in globalization roadbed in at least own field through change and renovation establish experiment model under proposition that should grope more active previous engagement than advanced nation enterprise and arranged subject of study if it is korean's firm that wish to become universal guidance enterprise. and examine trend of direct investment and actual conditions invested first in the foreign countries as examples by investment department, by investment industry inside of investment scale etc..., establish korean firm's invest area selection and decision and investment very important person and effect analysis Circumstance-model that is based in strategic adaptedness by year. Circumstance-variable have influenced how in overseas direct investment and decision and what variable will be considered first in over sea direct investment did Empirical analysis in here after

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.35-63
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• 2019

Since imposing Performance Requirements (PRs) on investors have been conducted as a means to protect a host state's domestic industry in the short run, with its effect on improving the international balance of payments, it has been implemented mostly in developing countries. From the viewpoint of investors, however, PRs hinder free competition and investment activities and have the effect of distorting international trade activities; therefore, they are expected to bring detrimental effects on the host state's economic development in the long run. PRs provided by International Investment Agreements (IIAs) and WTO-TRIMs, too, included many abstract regulations which are grounded on the host state's economic efficiency in the past; however, those PRs are gradually being more concretely specified, shifting to a form of prohibition with the goals of increasing the protection on investors and realizing investment liberalization. Accordingly, when Korea freshly concludes IIAs or revises them afterwards, one should focus more on following the points regarding PRs. First, to protect Korean companies' investment activities, it is advantageous to list the contents of prohibited PRs extensively and concretely and create a stipulation. Second, it is necessary to list the contents of the PRs prohibited and add the phrases for prohibiting "any other similar requirements" explicitly, as well so as to cover the PRs that can appear newly. Third, as in the cases associated with PRs, issuable matters are mostly either the range of applying PRs or the conditions of applying them (relevance or detrimental effects); therefore, it is necessary to classify the cases accumulated by issues and analyze them thoroughly. In conclusion, as this study has analyzed the theoretical characteristics of PRs provided in IIAs and related cases and suggests exquisite theory regarding PRs, it not only lays fundamental grounds for follow-up research but also gives useful and practical guidelines for the parties concerned and the arbitrators according to the ISDS procedure.

• Journal of Distribution Science
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• v.14 no.8
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• pp.87-92
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• 2016

Purpose - Purpose of this paper is to review and examine FTA of two countries, Korea and China, in terms of the investment aspects in bilateral FTA. Traditionally, there have been much mutual exchanges for international trade and investment between two countries for a long time. As the FTA has established between Korea and China in recent years, it can be expected that there will be more possibilities to take wide investment opportunities, which is mutual benefit to both countries in FTA era. Research design, data, and methodology - The methodology to be taken is to look into, first general economic situations and a brief look at FTA from each countries, and then to examine investment aspects in present and future between Korea and China. Results - The result examined in this research is that each country has been involved into mutual investment step by step, and it is also revealed that investment activities have been growing steadily as time goes by. Conclusions - The FTA between Korea and China has new chance and hope for mutual co-operation in relation to investment aspects of the FTA at the level of economic exchanges, which can fully utilize national resources of each country.

• International Journal of Computer Science & Network Security
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• v.21 no.11
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• pp.223-229
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• 2021

The presented research is devoted to determining the role of the mechanism of attracting investment resources in innovative development in the conditions of transformation using the process approach. It is proved that the process approach is dominant for this study because investments are considered as a process of investing in innovative development in the enterprise in the context of digitalization, and its application allows to take into account the impact on the mechanism of attracting investment resources. related to the mechanism of attracting investment resources of the enterprise. It is substantiated that the mechanism of attracting investment resources for innovative development in the context of digitalization is a specific way of organizing, mobilizing and using investment resources for innovative development of the enterprise in the context of digitalization under the influence of economic development laws, government regulation. The effectiveness of attracting investment resources in innovative development is ensured by the mechanism that exists in the enterprise. The mechanism of attraction of investment resources in innovative development in the conditions of digitalization gives the chance to define an optimum ratio between sources and volume of attraction of investments in innovation sphere.

• Journal of Korea Trade
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• v.24 no.3
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• pp.55-72
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• 2020

Purpose - In this paper, we provide recommendations for Korea's long-term direction and strategic measures to attract inward foreign direct investment (FDI) in response to Japan's export regulations. In doing so, we analyze the current situation and characteristics of trade between Korea and Japan, focusing on the parts and materials industry, which is particularly affected by Japan's trade regulations. Design/methodology - Based on the analysis of five successful inward FDI cases (e.g. Toray, IGK, Delkor, GlobalWafers, DuPont) and statistic trend review in the parts and materials industry, we consider various factors pertaining to successful inward FDI in Korea and propose valuable investment attraction strategies. Findings - For a successful investment attraction strategy, we studied some statistical trends in the internal and external environments of the parts and materials industry and successful investment attraction cases in Korea. We have found that in order to increase the probability of success in attracting investment, we need a mid-to long-term strategy considering multiple factors such as "Production-oriented, Demand-linked, Global Value Chain (VGC) linked, and Policy-linked investment attraction." Originality/value - We suggest several specific measures and important strategic implications for the Korean government and firm's managers to attract inward FDI successfully.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.123-156
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• 2004

Settlement of investment disputes is quite different from that of commercial disputes arising from ordinary commercial transactions in view of disputing parties, applicable laws and rules, etc.. Therefore, it is very important to consider the Convention on the Settlement of Investment Disputes between States and Nationals of Other States(Washington Convention) of 1965. The creation of the International Centre for Settlement of Investment Disputes(ICSID), which was established under the Washington Convention, was the belief that an institution specially designed to facilitate the settlement of investment disputes between governments and foreign investors could help to promote increased flows of international investment. Pursuant to the Washington Convention, ICSID provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. Recourse to ICSID conciliation and arbitration is entirely voluntary. However, once the parties have consented to arbitration under the Washington Convention, neither can unilaterally withdraw its consent. Moreover, all Contracting States of the Washington Convention are required by the Convention to recognize and enforce ICSID arbitral awards. Provisions on ICSID arbitration are commonly found in investment contracts between governments of member countries and investors from other member countries. Advance consents by governments to submit investment disputes to ICSID arbitration can also be found in many bilateral investment treaties including the Korea-China Agreement on the Encouragement and Reciprocal Protection of Investments(1992), the Korea-Japan Agreement for the Liberalization, Promotion and Protection of Investment(2003) and the Korea-Chile FTA, the latter was signed as of February 15, 2003 and is still pending in the National Assembly for its ratification. Arbitration under the auspices of ICSID is similarly one of the main mechanism for the settlement of investment disputes under the bilateral treaties on investment. Therefore, it is a problem of vital importance that Korean parties interested in investment to foreign countries should understand and cope with the settlement mechanism of investment disputes under the Washington Convention and bilateral investment treaties.