• Journal of Arbitration Studies
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• v.18 no.2
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• pp.149-171
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• 2008

The purpose of this paper is to examine the Measures against Risks in International Investment Agreement: focusing on Umbrella Clause and MIGA. Umbrella Clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. The meaning of umbrella clauses is one of the most controversial issues with which international arbitral tribunals have been recently confronted with while adjudicating investment disputes brought before them MIGA issues guarantees against non-commercial risks for investments, such as: currency transfer restrictions, expropriations, war and civil disturbances and breach of contract by host governments, and the case that the investor obtains an arbitration award or judical decision for damages and is unable to enforce it after a specified period. Furthermore, MIGA undertakes a wide range of mediation activities designed to remove obstacles to the flow of foreign direct investment in its developing member countries.

• Korean Journal of Comparative Education
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• v.27 no.1
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• pp.247-284
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• 2017

The purpose of this study is to analyze firm's motivation of participating and investing in apprenticeship in Germany and Korea, and to investigate institutional factors influencing firm's motivation. By comparing institutional factors of the two countries, it aims to drawing out policy implications for improving Korean apprenticeship. The main method for data collection was comprehensive literature review on international organizations, each countries' government and research institutes' policy materials, statistical data, research outputs and media resources related to each countries' apprenticeship. Considering whether firm's motivation for participating and investing in apprenticeship is production-oriented or investment-oriented, Germany is more inclined to investment motivation with firm's covering net cost during apprenticeship period. On the other hand, Korea is more inclined toward production orientation with firm's expectation of gaining net profit during the training period. Why is firm's training motivation different in these two countries? The author tried to find the reason from the difference of institutional factors of the countries by dividing institutional factors into 4 categories: context(tripartite relations, legal framework), input (flexibility of the system, government incentive), process(training contents, training duration, quality assurance), and output(completion/retention rate, apprentice's productivity). The key implication from the comparative analysis of institutional factors is that it is necessary to enforce companies to have "accountability" on the minimum critical elements, but also to ensure them to have "autonomy" on the rest of the elements.