• Title/Summary/Keyword: Investment Principle

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A Study on the ICSID Arbitration Cases for Fair and Equitable Treatment under International Investment Disputes - Focusing on the Protection of the Investor's Legitimate Expectations - (국제투자분쟁에서 공정·공평 대우에 관한 ICSID 중재사례 연구 - 외국인투자자의 정당한 기대 보호를 중심으로 -)

  • HWANG, Ji-Hyeon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.195-216
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    • 2016
  • In determining the content of the FET standard, the tribunals stated protection of investor's legitimate expectations, due process and denial of justice, transparency, discrimination and arbitrariness, good faith, etc. The most major elements of the FET standard is the protection of the investor's legitimate and reasonable expectations. It is necessary to consider whether it is possible to what the expectations of investors are protected as legitimate and it is formed under any circumstances. If host state frustrate investor's legitimate expectations, it found a breach of the FET. The host state's specific assurance may reinforce investor's expectations, but such explicit statement is not always necessary. The host state must preserve a stable environment for investments. However, It must not be understood as the inalterability of the host state's legal framework. It implies that the host state's subsequent changes should be made consistently and predictably. The host state is entitled to exercise a reasonable regulatory authority to respond to changing circumstances in the public purpose. Therefore, whether the violation FET shall be determined through a balanced against the investor's legitimate expectations and the host state's reasonable regulatory exercise in the public interest. And investor should keep in mind that the principle of proportionality is applied unless host state provides stabilization clause or similar commitments to investor. Also host state should establish the basis of an argument about reasonable regulatory authority for public interest.

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The Survey for Successful Operation of the BTL Projects (BTL사업의 성공적 수행을 위한 설문조사 연구)

  • Ahn, Yong-Sun;Shim, Un-Jun;Jang, Gang-Hun
    • Journal of the Korea Institute of Building Construction
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    • v.11 no.1
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    • pp.19-27
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    • 2011
  • The capital of investment of SOC projects is too large to be taken charge of a country. The government introduces the private investment like a BTL project because of the limited national resources. However, even the company which wants order constructions, do not consider the fundamentals such as accurate estimation, capability of construction company and construction period. The purpose of the research is to suggest the basic influential factors for obtaining a BTL project and offers the concludes for the successful operation after the contract. The result of the research is followed. 54 effect successful factors are compressed into 11 principle factors by analysis on those 54 factors, CSFs of BTL business are constructed. Regression analysis is induced by variable of primary success factors and success degree, and derives the influence degree of effect successful factors in business. Regression analysis that is mentioned above showed considerable issues from importance of primary factors, prime cost fluctuation factors and comparison of management-level. So this study could suggest the effective operate plan of BTL business.

Study to Select a Strategic Fisheries for the Encouragement of a Long Term Planning Project in the Korean Fishing Industry. (한국어업의 장기적 진흥계획을 위한 전략 업종 선정에 관한 연구)

  • 장수호
    • The Journal of Fisheries Business Administration
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    • v.1 no.1
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    • pp.19-68
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    • 1970
  • This is a study of a long term project to encourage the Korean fishing industry. It seeks to supply a sound theoretical background in an attempt to liberalize the capital investment of the industry. However, the discussions developed in this thesis are based on, the existing world's fisheries resources, the possibility of their prospective cultivation, and the analysis of the evolution of Korean fisheries and fisheries organization. According to the reasults of the analysis ; out of the prospective world fisheries resources which are estimated at about 200 millions m/t the total yield per year is only about 70 millions m/t (1969), and Korea occupies only 850 thousands m/t. This therefore means that the Korean fishing industry allows much room for further growth. But the purpose of Korea's existing fishing industry organizations is entirely directed toword coastal fisheries and their functions never reache beyond the limit of off-shore fisheries. Thus almost 99% of the fisheries population engage in small scale fisheries along the coast line. The result is that the resource are almost exhausted by such over-exploitation. Being faced by this fact, it is of urgent necessity to modernize the management of fisheries as well as to encourage larger scale management of fisheries industries. This should be accompanied by the liberalization of capital investment. For this purpose this study also recommends the unification or annexation of small organizations to establish larger ones that will function for a larger scale industry. and further this study recommends that, in order to reorganize the existing fisheries organizations, a principle of selection should be applied in the areas of (1) maximum sustainable yields, (2) the possibility of forming an enterprise and (3) the maintenance of organization stability.

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A Study for Adopting the Temperature Control Unit on Memory Device Tester Based on Principle of Thermoelectric Semiconductor (열전소자 원리를 이용한 부품 Tester용 온도공급 장치 연구 (메모리 Device Tester용 온도제어장치 도입을 위한 연구))

  • Kim, Sun-Ju;Hong, Chul-Ho;Shin, Dong-Uk;Seo, Seong-Bum;Lee, Moo-Jea
    • Proceedings of the KIEE Conference
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    • 2003.11c
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    • pp.414-416
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    • 2003
  • As environmental conditions for memory products are increasingly high speed/high density, adopting diverse system configuration, it's more and more difficult for current component tester to adopt the actual condition of field application. If system test screening is realized in component level, test coverage failure can be made more secured in the initial stage, evaluation cost can be reduced and the effectiveness of investment for the facility can be maximized. Based on the above background, component automatic system tester was developed and showed off satisfactory results per each memory device family. In this paper, component quality stabilization strategy and cost saving for tester investment through future Quality monitoring and application to mass production will be presented.

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The Contribution of Innovation Activity to the Output Growth of Emerging Economies: The Case of Kazakhstan

  • Smagulova, Sholpan;Mukasheva, Saltanat
    • Journal of Distribution Science
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    • v.10 no.7
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    • pp.33-41
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    • 2012
  • The purpose of this study is to analyse the state of the energy industry and to determine the efficiency of its functioning on the basis of energy conservation principle and application of innovative technologies aimed at improving the ecological modernisation of agricultural sectors of Kazakhstan. The research methodology is based on an integrated approach of financial and economic evaluation of the effectiveness of the investment project, based on calculation of elasticity, total costs and profitability, as well as on comparative, graphical and system analysis. The current stage is characterised by widely spread restructuring processes of electric power industry in many countries through introduction of new technical installations of energy facilities and increased government regulation in order to enhance the competitive advantage of electricity market. Electric power industry features a considerable value of creating areas. For example, by providing scientific and technical progress, it crucially affects not only the development but also the territorial organisation of productive forces, first of all the industry. In modern life, more than 90% of electricity and heat is obtained by Kazakhstan's economy by consuming non-renewable energy resources: different types of coal, oil shale, oil, natural gas and peat. Therefore, it is significant to ensure energy security, as the country faces a rapid fall back to mono-gas structure of fuel and energy balance. However, energy resources in Kazakhstan are spread very unevenly. Its main supplies are concentrated in northern and central parts of the republic, and the majority of consumers of electrical power live in the southern and western areas of the country. However, energy plays an important role in the economy of industrial production and to a large extent determines the level of competitive advantage, which is a promising condition for implementation of energy-saving and environmentally friendly technologies. In these circumstances, issues of modernisation and reforms of this sector in Kazakhstan gain more and more importance, which can be seen in the example of economically sustainable solutions of a large local monopoly company, significant savings in capital investment and efficiency of implementation of an investment project. A major disadvantage of development of electricity distribution companies is the prevalence of very high moral and physical amortisation of equipment, reaching almost 70-80%, which significantly increases the operating costs. For example, while an investment of 12 billion tenge was planned in 2009 in this branch, in 2012 it is planned to invest more than 17 billion. Obviously, despite the absolute increase, the rate of investment is still quite low, as the total demand in this area is at least more than 250 billion tenge. In addition, industrial infrastructure, including the objects of Kazakhstan electric power industry, have a tangible adverse impact on the environment. Thus, since there is a large number of various power projects that are sources of electromagnetic radiation, the environment is deteriorated. Hence, there is a need to optimise the efficiency of the organisation and management of production activities of energy companies, to create and implement new technologies, to ensure safe production and provide solutions to various environmental aspects. These are key strategic factors to ensure success of the modern energy sector of Kazakhstan. The contribution of authors in developing the scope of this subject is explained by the fact that there was not enough research in the energy sector, especially in the view of ecological modernisation. This work differs from similar works in Kazakhstan in the way that the proposed method of investment project calculation takes into account the time factor, which compares the current and future value of profit from the implementation of innovative equipment that helps to bring it to actual practise. The feasibility of writing this article lies in the need of forming a public policy in the industrial sector, including optimising the structure of energy disbursing rate, which complies with the terms of future modernised development of the domestic energy sector.

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A Study on the Cross Subsidization of Energy Industries in Korea (에너지 산업(産業)의 교차보조(交叉補助)에 관한 연구(硏究))

  • Chung, Hee-Yung;Kang, Hee-Jung
    • Journal of the Korean Institute of Gas
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    • v.10 no.4 s.33
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    • pp.17-22
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    • 2006
  • Both of district heating(DH) system and natural gas(NG) supply system have benefits in clean energy supply and having energy efficiency and savings. The issue of duplicate investment and supply requirement of only for cook occur several conflicts such as destruction of the Beneficiary Pays Principle and Cross Subsidization, etc. Under the circumstance, the purposes of this research are to consider several issues of cross subsidization in NG and DH industries and to present the following alternatives for resolving related problems. First of all, a charging mechanism in the energy cost must be improved so as to maintain the positive relation between cost and benefit. That is, the beneficiary-pay principle must be strictly applied. Secondly, the extended supply of DH through HOB(Heat Only Boiler) must be strictly limited. Finally, we need to improve efficiency for the benefit of market participants.

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A study on the improvement of the network fee system under network neutrality (망 중립성 하에서 망 이용대가 개선에 대한 연구)

  • Byun, Sangkyu;Do, Joonho
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.22 no.3
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    • pp.151-161
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    • 2022
  • As Internet traffic surges due to global CPs, a request to share network investment costs has emerged in the industry. This has significantly changed the issue of the principle of network neutrality from accessibility to network fee. Some of the academic researchers had a negative view to network fees in the Internet space. However, in the industry, a number of disputes have occurred and some have escalated into court battles, and attention has been focused on the court's decision. The courts began to accept fee-for-service under network neutrality, and the government responded quickly by revising regulations. However, it still focuses on service stability, and there is no regulation that directly stipulates payment of network fee. In the study, changes in network neutrality were verified by analyzing cases of disputes between operators, court judgments, and improvement of regulations. And referring to the tragedy of the commons, the restoration of the correct price signal based on the principle of beneficiary pays was suggested as the most important solution. The payment of network fee by CP is one of the solutions.

A Study on the Forecasting of the Number of End of Life Vehicles in Korea using Markov Chain (Markov Chain을 이용한 국내 폐차발생량 예측)

  • Lee, Eun-A;Choi, Hoe-Ryeon;Lee, Hong-Chul
    • Journal of Korean Institute of Industrial Engineers
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    • v.38 no.3
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    • pp.208-219
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    • 2012
  • As the number of end-of-life vehicles (ELVs) has kept increasing, the management of ELV has also become one of the academic research focuses and European Union recently adopted the directive on ELVs. For the stakeholders has become a principle agent of dealing with all about ELVs, it is relevant investment decision to set up and to decide high-cost ELVs entity locations and to forecast future ELVs' amount in advance. In this paper, transition probability matrixes between months are made by using Markov Chain and the number of ELVs is predicted with them. This study will perform a great role as a fundamental material in Korea where just started having interests about recycling resources and studies related to the topic. Moreover, the forecasting method developed for this research can be adopted for other enhancements in different but comparable situations.

Risk Estimation Study on Railway Track Worker Hit by Train (철도 운행선로 작업자와 열차 접촉사고 위험도 평가에 관한 연구)

  • Kwak, Sang Log
    • Journal of the Korean Society of Safety
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    • v.35 no.3
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    • pp.72-78
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    • 2020
  • The accident fatality rate has decreased by more than 90% compared to 2006, due to the safety management and safety investment based on the Rail Safety Act. Most railway safety indicators, including fatality rates, have improved significantly from 60% to 80%, reaching the level of developed countries in terms of most railway safety indicators. However, the only staff fatality rate at work is not improved, and it is 3 to 5 times higher than that of developed countries. Most of the fatality occurred during employee's work recently occurred due to accidents hit by train while track work. In principle, when operating track need to check or maintenance, the operation of the train should be stopped and the work carried out. However, in Korea, due to the highest passenger density and train operating density in the world, it is caused by a structural problem that requires workers to enter the track while the train is running and perform various tasks such as maintenance and inspection. In this study, we analyzed the risk of accidents caused by hit by trains on the track, which is the biggest cause of staff fatality, using the main statistics of the last 10 years. In detail, the scenarios of the main causes of hit by trains and workers were formed to suggest the effectiveness of the current preventive measures and supplementary.

A Comparative Study on the Self-help Approach in Rural Development between Vietnam's New Rural Development and Korea's Saemaul Undong

  • Do, Trang Thu;Nguyen, Hanh Thi My;Vu, Trang Thu
    • East Asian Economic Review
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    • v.20 no.1
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    • pp.91-125
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    • 2016
  • Vietnam's "Doi Moi", initiated in 1986, translated to high economic growth and rapid urbanization for the country, but also widened the gap between rural and urban areas. Vietnam's National Target Program on New Rural Development for 2010-2020 was aimed at developing the rural economy and improving the living standards of rural people, but after five years the urban-rural gap remains substantial. Two of the main reasons are the lack of investment capital and lack of effective ways to mobilize community involvement. In contrast, during the 1970s, rural areas in Korea experienced huge improvements under the "Saemaul Undong" movement. The program's success at promoting sustainable development in Korea's rural areas has inspired rural programs in other developing countries. In this paper, we compare and contrast the two movements to provide explanations for the different results between the two countries. Based on this analysis, and policy implications stemming from it, we recommend resource mobilization strategies to change villagers' attitude and increase their involvement in Vietnam's rural development movement, aligning with the inclusivity principle "people know, people discuss, people do and people check".