• Title/Summary/Keyword: Academic system

Search Result 2,430, Processing Time 0.047 seconds

Appling Nursing Theory to Clinical Practice of Home Health Care (가정간호실무에 적용가능한 이론적틀)

  • Woo, Seon-Hye
    • Journal of Korean Academic Society of Home Health Care Nursing
    • /
    • v.11 no.1
    • /
    • pp.5-13
    • /
    • 2004
  • The home health care industry has grown rapidly and can be expected to continue to grow in the foreseeable future. Home health care refers to the practice of nursing applied to clients with a health condition in the clients place of residence. clients and their designated care givers are the focus at home health nursing practice. The goal of care is to initiate. manage and evaluate the resources needed to promote the clients optimal level of well-being and function. Nursing activities necessary to achieve this goal may warrant preventive maintenance and restorative emphases to prevent potential problems from developing. Many project program were suggested home health care model for Korea's health care system and policy direction for expansion and establishment of home health care .But the aim of this paper is to provide on overview for theoretical frame work in home health care. Theories and conceptual frameworks or models are important nursing because they define and guide the boundaries of professional practice and identify key nurse-patient-caregiver relationships that emerge with caring. Following is the research with an investigation of the literature review in the University of Arizona international medline database, In conclusion, are as followers: First, many nursing theorists have had a tremendous impact on nursing practice. the following highlights those nursing theorists that are particularly helpful in understanding home health care. 1. Florence Nightingale : Our earliest theoretical legacy. Nightingale's believes are reflected in basic infection control practice such as hand washing and infectious waste disposal and are key nursing interventions in home care. 2. Martha Roger's :Science of unitary human beings theory. Rorger's believed that the focus of shared. non invasive healing modelities is the human environmental field rather than direct physical care. These modelities continue to evolve as our awareness (reflecting greater diversity, faster rhythms, motions, and ways of knowing) transcends time and space, allowing individuals to get in touch with their integral nature of unbroken wholeness. On people as ever changing energy fields have special relevance in home care especially with hospice and palliative care applications. 3. Madeline Leininger's; Transcultural nursing theory. Home care nurses move through a variety of communities and often care for patients from different cultural back grounds. Therefore Leininger's work has a good that with home care because home care nursing practice is very culturally focused. 4. Dorothea Orem's : Self care deficit theory. Orem's theory views care as something to be performed by both nurses and patients. The role of the nurse is to provide education and support that help patients acquire the necessary activities to perform self-care. Orem's theory is foundational to have care because it begins to truly acknowledge the role of the patient in managing his or her own health. which is referred to as self-care. 5. Margaret Neuman's; Health as expending consciousness theory. Neuman believes that health compasses disease and reflects an underlying pattern of person-environment interaction. A key application of 'Neuman's work to home care is for nurses to understand that health and illness do not necessarily exist at opposite ends of a continuum. 6. Jean Watson's: Theory of human caring. Watson's theory of human caring in nursing proposes human caring as the moral ideal of nursing. Nurses participate human caring to protect, enhance and preserve humanity by assisting individuals to fing meaning in illness. pain and existence and to help others gain self knowledge. self control. and self healing such thinking lends richness to theory development. as well as clinical practice in home care. Second, Robin Rice : Dynamic self determination for self care. (A theoretical framework for home care) Dynamical self determination for self care can be useful to home care nurses in a variety of ways. As research tool it can be reflected in the interview process when the home visit. The home care nurse's role is that of facilitator of patient self-determination for self care through numerous strategies. including patient education and case management.

  • PDF

Development of a Home-based Nursing Intervention, Mothering Program for Low-Birth-Weight Infants (저체중출생아를 위한 가정간호형 모성역할중재 프로그램 개발과 그 효과에 대한 연구)

  • Han, Kyung-Ja
    • Journal of Korean Academic Society of Home Health Care Nursing
    • /
    • v.8 no.1
    • /
    • pp.5-24
    • /
    • 2001
  • The purpose of this study was to develop a parenting intervention program and determine the efficacy of the program with low-birth weight infants and their mothers. Nine dyads for the experimental group and twelve dyads for the control group discharged from the Neonatal Intensive Care Unit of a University Hospital in Seoul were recruited for the study. For the intervention group, programmed education and support which focused on the maternal sensitivity of the infant's behavior. rearing environment. motherinfant interaction and infant care were given to each subject. Individual counseling and home visits were provided at discharge, one week after discharge. and one and three months of corrected age in every infant. Structured questionaires were administered and feeding interactions were videotaped and coded by a blinded certified observer. A Quasi-experimental design was conducted for this study. Postpartum depression, maternal self esteem. infant care burden, HOME. mother-infant interaction, and infant development were measured. Results were in favor of the intervention versus the control group. On the Beck depression inventory, intervention mothers showed decreasing trends in depressive symptom vs control mothers although, there were statistically no significant differences between the two groups at each time. The mean score of experimental group was 11.55(mild depression state) at discharge and became 8,6(normal state) at 1 month of corrected age. On the other hand, the mean score of the control group was 13.92(mild depression state) at discharge and became 14.0. Maternal self esteem in both groups improved over time. Infant care burden in both groups was also shown to increase over time. There was a significant difference between the two groups in HOME(p=.0340) at 3 months of corrected age. HOME scores of the experimental group and the control's were 31.10 and 25.58, respectively. Mothers' emotional and language responses were significantly high in the intervention group compared with the control group(p=.0155). Intervention group (53.33) showed a significantly high quality of motherinfant interaction compared with the in control group (42.80)(p =.0340). Intervention group mothers appeared have a better quality of mother-infant interaction behaviors. On the other hand, there was no statistical difference in the infant part between groups. Intervention group infants had higher trends in a general developmental quotient: although, there was no statistical difference between groups. The general developmental quotient of intervention infants was 102.56 and control's was 91.28. However, the developmental quotient of the domain of 'individuality-sociality' was higher in the intervention group infants compared with the control's(p=.0155). The concerns identified by parents revealed two domains of an infants' health management -knowledge and skills in caregiving of lowbirthweight-infants, characteristics of lowbirthweight infants, identifying a developmental milestone, coping with emergency situations and relaxation strategies of mothers from the infant care burden. Interview data with the mothers of low-birth weight infants can be used to develop intervention program contents. Limited intervention time and frequency due to time and cost limitations of this study should be modified. The intervention should be continuously implemented when low-birth weight infants become three years old. An NNNS demonstration appeared to be a very effective intervention for the mothers to improve the quality of mother-infant interactions. Therefore intervening in the mothers of low-birth weight infants as early after delivery as possible is desirable. This study has shown that home visit interventions are worthwhile for mothers only beyond the approach as an essential factor in ability of facilitating a growth fostering environment. In conclusion. the intervention program of this study was very effective in enhancing the parenting for the mothers of low-birth weight infants, resulting in health promotion of low-birth weight infants. The home-visit outreach intervention program of this study will contribute to the health delivery system in this country where there is a lack of continuous follow-up programs for low-birth weight infants after discharge from NICU, if it is activated as part of the home visit programs in community health systems.

  • PDF

Strategic plan for implementation of knowledge management of Busan's footwear industry (부산신발산업의 지식경영도입을 위한 전략적 방안)

  • Song, Kyung-Soo;Kim, Yong-Ho
    • Management & Information Systems Review
    • /
    • v.31 no.4
    • /
    • pp.559-592
    • /
    • 2012
  • In spite of the transitional changes in the shoe industry in Busan area, regular academic studies on the management plan to improve the practical competitiveness of footwear industry focused in the materials, bio-dynamics, components, and designs, etc. in the engineering viewpoint are very rare. Many reports of policies were published from late 190's to 2000's but they were limited to the identification of practical situations and the measures for strategic alternatives and were not developed to be the academic studies to improve the competitiveness in terms of management control. It is intended to seek for the measures to be reviewed as the alternatives to improve the self-competitiveness of footwear companies by approaching the problems limited to such specific area in the viewpoint of management control. The core of this study is to provide the alternative plans for expansion of the industrial foundation by seeking for the measures to improve competitiveness with application of knowledge management as an alternative for improvement of not transient but sustainable industrial competitiveness, in order to help the export of shoes from Busan area which has been rapidly increased since the Korea-USA FTA and Korea-EU FTA. In such viewpoint, in the study, a questionnaire survey was performed related with the issues of Busan's footwear industry and the plan to implement knowledge management was discussed for improvement of the competitiveness of footwear industry based on the result of such questionnaire survey. As most of studies and directions have been focused in functional shoes, designs, materials, and components, etc., which are related with the properties of human dynamics, as the alternatives for improvement of the footwear industry of Busan area and did not suggest the measures to make basic changes in the management of companies, the implementation of knowledge management was emphasized in order to seek for the direction of such plan. The purpose of this study is to suggest an alternative for construction of industrial eco-system for high added value by seeking for the probability of knowledge management for conversion of footwear industry into knowledge industry. In order to accomplish the effect of increased export as the result of FTA, current management method of footwear companies is limited and the effect of FTA should be maximized by improving the competitiveness with implementation of knowledge management methods. Settlement of such knowledge management will act as the momentum to improve the competitiveness of footwear companies and, in a long-term viewpoint, will be able to maximize the improvement of knowledge industry and creation of job opportunities.

  • PDF

Analysis of the Perceptions of Teachers about Effective Application of National Competency Standards Based Vocational Education Curriculum in Technical Specialized High Schools and Meister High Schools (공업계 특성화고·마이스터고에서의 NCS 기반 직업교육과정의 효과적인 적용에 대한 전문교과 교원의 인식 및 요구 분석 연구)

  • Lee, Byung-Wook;Ahn, Jae-Yeong;Kang, Chol-Min
    • 대한공업교육학회지
    • /
    • v.40 no.2
    • /
    • pp.111-129
    • /
    • 2015
  • This study tried to investigate the possibility and expectation effect to organize and operate NCS(national competency standards)-based vocational education curriculum in technical specialized high schools and meister high schools and the perceptions of specialty subject teachers about support plans for effective operation of the NCS-based curriculum. For this, the survey was conducted targeting 286 specialty subject teachers in technical specialized high schools and meister high schools. And the results are as follow: First, the specialty subject teachers in the technical specialized high schools and meister high schools recognized that the positive expectation effect can be obtained through the NCS-based vocational education curriculum and the NCS-based vocational education curriculum should very much be applied to the school curriculum but it is impractical to organize and operate the NCS-based vocational education curriculum as the school curriculum from 2016. Second, the specialty subject teachers in the technical specialized high schools and meister high schools recognized that industrial education needs can be analyzed, industry duties-based educational objectives and contents can be set up, industrial duties-based education can be done, the capability to develop and operate teachers' curriculum can be improved, and the NCS-based curriculum will be effective for industrial and academic cooperation and connection with communities by applying it but the realistic possibility will relatively be low. Third, the specialty subject teachers in the technical specialized high schools and meister high schools recognized that tools for practice should be reorganized and expanded, the number of students targeting practical classes should be reduced by 15 to 20 persons, teachers' field education capability should be strengthened, supply and demand of teachers should be supported, industrial and academic cooperation-based field-centered education should be reinforced, and support of the NCS-based teaching materials to be textbooks should be required in terms of operating schools to operate the NCS-based vocational curriculum effectively. Support of finding jobs and field education which correspond with the NCS-based vocational curriculum should be provided, field instruction by ability of the national competency standards should be supported, field practice education projects about the NCS-based vocational curriculum should be provided and introduction and operation of the industrial employee performance evaluation system should be required in terms of the support plans of relevant organizations.

Analysis of Research Trends of 'Word of Mouth (WoM)' through Main Path and Word Co-occurrence Network (주경로 분석과 연관어 네트워크 분석을 통한 '구전(WoM)' 관련 연구동향 분석)

  • Shin, Hyunbo;Kim, Hea-Jin
    • Journal of Intelligence and Information Systems
    • /
    • v.25 no.3
    • /
    • pp.179-200
    • /
    • 2019
  • Word-of-mouth (WoM) is defined by consumer activities that share information concerning consumption. WoM activities have long been recognized as important in corporate marketing processes and have received much attention, especially in the marketing field. Recently, according to the development of the Internet, the way in which people exchange information in online news and online communities has been expanded, and WoM is diversified in terms of word of mouth, score, rating, and liking. Social media makes online users easy access to information and online WoM is considered a key source of information. Although various studies on WoM have been preceded by this phenomenon, there is no meta-analysis study that comprehensively analyzes them. This study proposed a method to extract major researches by applying text mining techniques and to grasp the main issues of researches in order to find the trend of WoM research using scholarly big data. To this end, a total of 4389 documents were collected by the keyword 'Word-of-mouth' from 1941 to 2018 in Scopus (www.scopus.com), a citation database, and the data were refined through preprocessing such as English morphological analysis, stopwords removal, and noun extraction. To carry out this study, we adopted main path analysis (MPA) and word co-occurrence network analysis. MPA detects key researches and is used to track the development trajectory of academic field, and presents the research trend from a macro perspective. For this, we constructed a citation network based on the collected data. The node means a document and the link means a citation relation in citation network. We then detected the key-route main path by applying SPC (Search Path Count) weights. As a result, the main path composed of 30 documents extracted from a citation network. The main path was able to confirm the change of the academic area which was developing along with the change of the times reflecting the industrial change such as various industrial groups. The results of MPA revealed that WoM research was distinguished by five periods: (1) establishment of aspects and critical elements of WoM, (2) relationship analysis between WoM variables, (3) beginning of researches of online WoM, (4) relationship analysis between WoM and purchase, and (5) broadening of topics. It was found that changes within the industry was reflected in the results such as online development and social media. Very recent studies showed that the topics and approaches related WoM were being diversified to circumstantial changes. However, the results showed that even though WoM was used in diverse fields, the main stream of the researches of WoM from the start to the end, was related to marketing and figuring out the influential factors that proliferate WoM. By applying word co-occurrence network analysis, the research trend is presented from a microscopic point of view. Word co-occurrence network was constructed to analyze the relationship between keywords and social network analysis (SNA) was utilized. We divided the data into three periods to investigate the periodic changes and trends in discussion of WoM. SNA showed that Period 1 (1941~2008) consisted of clusters regarding relationship, source, and consumers. Period 2 (2009~2013) contained clusters of satisfaction, community, social networks, review, and internet. Clusters of period 3 (2014~2018) involved satisfaction, medium, review, and interview. The periodic changes of clusters showed transition from offline to online WoM. Media of WoM have become an important factor in spreading the words. This study conducted a quantitative meta-analysis based on scholarly big data regarding WoM. The main contribution of this study is that it provides a micro perspective on the research trend of WoM as well as the macro perspective. The limitation of this study is that the citation network constructed in this study is a network based on the direct citation relation of the collected documents for MPA.

Geosites, Geoheritages and Geotrails of the Hwaseong Geopark, the Candidate for Korean National Geopark (화성 국가지질공원 후보지의 지질명소, 지질유산 그리고 지오트레일)

  • Cho, Hyeongseong;Shin, Seungwon;Kang, Hee-Cheol;Lim, Hyoun Soo;Chae, Yong-Un;Park, Jeong-Woong;Kim, Jong-Sun;Kim, Hyeong Soo
    • The Journal of the Petrological Society of Korea
    • /
    • v.28 no.3
    • /
    • pp.195-215
    • /
    • 2019
  • Geopark is a new system for development of the local economy through conservation, education, and tourism that is an area of scientific importance for the earth sciences and that has outstanding scenic values. The Hwaseong Geopark, the candidate for Korean National Geopark is composed of 10 geosites: Gojeongri dinosaur egg fossils, Ueumdo, Eoseom, Ddakseom, Goryeom, Jebudo, Baengmiri Coast, Gungpyeonhang, Ippado and Gukwado geosites. In this study, geosites, geoheritages, and geotrails of the Hwaseong Geopark were described in detail, and the value and significane as a geopark were also discussed. The geology of the Hwaseong Geopark area belonging to the Gyeonggi Massif consists of the Precambrian metamorphic and meta-sedimentary rocks, Paleozoic sedimentary and metamorphic rocks, Mesozoic igneous and sedimentary rocks, and Quaternary deposits, indicating high geodiversity. The Gojeongri Dinosaur Egg Fossils geosite, designated as a natural monument, has a geotrail including dinosaur egg nest fossils, burrows, tafoni, fault and drag fold, cross-bedding. Furthermore, a variety of infrastructures such as eco-trail deck, visitor center are well-established in the geosite. In the Ueumdo geosite, there are various metamorphic rocks (gneiss, schist, and phyllite) and geological structures (fold, fault, joint, dike, and vein), thus it has a high educational value. The Eoseom geosite has high academic value because of the orbicular texture found in metamorphic rocks. Also, various volcanic and sedimentary rocks belonging to the Cretaceous Tando Basin can be observed in the Ddakseom and Goryeom geosites. In the Jebudo, Baengmiri Coast, and Gungpyeonghang geosites, a variety of coastal landforms (tidal flat, seastacks, sand and gravel beach, and coastal dunes), metamorphic rocks and geological structures, such as clastic dikes and quartz veins can be observed, and they also provide various programs including mudflat experience to visitors. Ippado and Gukwado geosites have typical large-scale fold structures, and unique coastal erosional features and various Paleozoic schists can be observed. The Hwaseong Geopark consists of outstanding geosites with high geodiversity and academic values, and it also has geotrails that combine geology, geomorphology, landscape and ecology with infrastructures and various education and experience programs. Therefore, the Hwaseong Geopark is expected to serve as a great National Geopark representing the western Gyeonggi Province, Korea.

A study on distinctive view of Cheng I's the sage-theory (정이(程?) 성인론(聖人論)의 특징에 관한 고찰)

  • Kim, Sang-Rae
    • The Journal of Korean Philosophical History
    • /
    • no.56
    • /
    • pp.151-180
    • /
    • 2018
  • Since the completion of the theories on human ethics and moral had been established to pursue by Confucian thinkers like Confucius and Mencius, they generally had agreed to present the basic principles for human education which every human could be the sage. In these principles for human ethics and morality there is on the premise that the knowledge about your own ethical and that the completion of the so-called act(爲) and learning(學). They had given to us that how to get a goal for the ethical and moral lives there are several academic oriented methodology will have act and learning set. In the point of achieving complete figures which act and learning for good society, there was named the sage(聖). This concept sage has two major types. One is on for the political figures that completed, and the other one is for the realm of academic side. Confucian as above mentioned the moral human being is equipped with a complete personality and political ability to make man and society perfect. Confucius has been understood as a complete human being. Yes, ideal for these two types of figures will be fulfilled in some way? They take a mystical ability to a priori or a posteriori, such as human effort can reach the sage. There are many thinkers are obvious and logical answer for this major problem in the system of confucian philosophy I have been trying. About the sage(聖), inherently natural learning(生知) occur to the position sage or knowledge (學知), can lead to there are two of the doctrine for that problem. With the study of learning and knowledge on human beings and real society the two systems concerned together. In fact, the main content of the "Analects of Confucius" we have a set of ethical and moral values not the benevolent conversation about Jin(仁) and his disciples a steady emphasis but on in praise of learning (學) for. However, at the time in Han Tang(漢唐) Han Wi(韓愈) and Wang Chung(王充), according to such thinkers the sage is already a priori determined, cannot be reached by human effort. But At the beginning of the Neo-Confucianism, Cheng I(程?) for the pioneer this Song(宋) scholars, regarding this issue could rebirth the thought that every human could be the sage through the learning as the pre-Chin(先秦) times.

A Study on the theory of Mind in LüZuqian(呂祖謙) philosophy (여조겸(呂祖謙) 심론(心論) 연구(硏究) : 여조겸과 주희의 사상적 대립과 절충)

  • Yeon, Jae-heum
    • The Journal of Korean Philosophical History
    • /
    • no.38
    • /
    • pp.63-96
    • /
    • 2013
  • $L{\ddot{u}}Zuqian$(呂祖謙) was one of the famous philosophers during the Southern Song period, and is called one of DongNamSanXian(東南三賢) together with ZhuXi(朱熹) and ZhangShi(張?). With his profound knowledge transmitted and uphold by JiaXue(家學), $L{\ddot{u}}Zuqian$(呂祖謙) established his learning system, interacting with scholars of those days. Principally, $L{\ddot{u}}Zuqian$(呂祖謙)'s XinLun(心論) was based on Mengzi(孟子)' theory of LiangXin(良心) and BenXin(本心). $L{\ddot{u}}Zuqian$(呂祖謙) explained the meaning of such a conscience through ChuXin(初心) and Inner NeiXin(內心). According to $L{\ddot{u}}Zuqian$(呂祖謙), ChuXin(初心) arouses when one encounters external things, and this one's intention enables us to make the right judgments over the outside objects. NeiXin(內心) means LiangXin(良心) and BenXin(本心) that recovered the ability of moral awareness. The important significances of $L{\ddot{u}}Zuqian$(呂祖謙)'s XinLun(心論) are XinWai WuDao(心外無道), and XinWaiWuTian(心外無天). Through these, $L{\ddot{u}}Zuqian$(呂祖謙) emphasized that Tian(天), Dao(道), and Li(理) are one. $L{\ddot{u}}Zuqian$(呂祖謙) arranged a meeting of EHuSi(鵝湖寺), and exerted efforts to negotiate the academic differences between ZhuXi(朱熹) and LuJiuyuan(陸九淵). However, compared with LuJiuyuan(陸九淵) who asserted FaMingBenXin(發明本心), $L{\ddot{u}}Zuqian$(呂祖謙) put the emphasis on DaoWenXue(道問學) with self-awareness of conscience. Meanwhile, $L{\ddot{u}}Zuqian$(呂祖謙) valued much of Jing(敬) like ZhuXi(朱熹). But, to $L{\ddot{u}}Zuqian$(呂祖謙), Jing(敬) meant WuJianDuan(無間斷) of ChunYiBuZa(純一不雜) DaoDeXin(道德心), and implied the same as Cheng(誠). $L{\ddot{u}}Zuqian$(呂祖謙) stressed the reading and pursuit of study, however, he also asserted that Li(理) could be understood and realized through self-awareness of one's mind and its reflection, and working without interruption. $L{\ddot{u}}Zuqian$(呂祖謙)'s academic tradition of the XinXueDe XueFeng(心學的 學風), which reveals through compromise and confrontation with ZhuXi(朱熹), can be said that it will have a significant meaning of idealism of dispute in the Southern Song period.

An empirical study on the impact of academic competitions on innovation and entrepreneurship among Chinese university students (학술 경연대회가 중국 대학생들의 혁신과 기업가 정신에 미치는 영향에 대한 실증적 연구)

  • Jinling Wang;Ning Wang
    • Journal of the International Relations & Interdisciplinary Education
    • /
    • v.3 no.1
    • /
    • pp.51-75
    • /
    • 2023
  • Relying on disciplinary competitions to enhance college students' innovation and entrepreneurship is one of the specific paths to explore the reform of innovation and entrepreneurship education in colleges and universities. This paper conducts an empirical study on the practice of disciplinary competitions among Chinese university students, the problems of innovation and entrepreneurship education in Chinese universities and the impact of disciplinary competitions on innovation and entrepreneurship among Chinese university students, using university students in Chinese universities as the respondents. The data collected online and offline were analysed using SPSS26 statistical software. The results of the analysis show that Chinese university students show a high level of interest in innovation and entrepreneurship competitions and that there are some differences in the level of interest in innovation and entrepreneurship competitions among university students of different academic levels. More than half of Chinese university students have participated in innovation and entrepreneurship competitions and the initiative of participating in innovation and entrepreneurship competitions varies by grade. The biggest problem facing innovation and entrepreneurship education in schools is the lack of professional innovation and entrepreneurship teachers, followed by the lack of guidance on innovation and entrepreneurship-related policies, and the unreasonable reward system, which makes teachers and students less motivated to innovate and entrepreneurship. Through one-dimensional linear regression analysis, it is found that the degree of attention to innovation and entrepreneurship among college students affects college students' entrepreneurial awareness and entrepreneurial practice; the degree of initiative of college students' innovation and entrepreneurship competition affects college students' entrepreneurial effect; and the degree of initiative of college students' innovation and entrepreneurship competition affects college students' entrepreneurial practice.

Interpretation of the Umbrella Clause in Investment Treaties (국제투자조약상 포괄적 보호조항(Umbrella Clauses)의 해석에 관한 연구)

  • Jo, Hee-Moon
    • Journal of Arbitration Studies
    • /
    • v.19 no.2
    • /
    • pp.95-126
    • /
    • 2009
  • One of the controversial issues in investor-state investment arbitration is the interpretation of "umbrella clause" that is found in most BIT and FTAs. This treaty clause requires on Contracting State of treaty to observe all investment obligations entered into with foreign investors from the other Contracting State. This clause did not receive in-depth attention until SGS v. Pakistan and SGS v. Philippines cases produced starkly different conclusions on the relations about treaty-based jurisdiction and contract-based jurisdiction. More recent decisions by other arbitral tribunals continue to show different approaches in their interpretation of umbrella clauses. Following the SGS v. Philippines decision, some recent decisions understand that all contracts are covered by umbrella clause, for example, in Siemens A.G. v. Argentina, LG&E Energy Corp. v. Argentina, Sempra Energy Int'l v. Argentina and Enron Corp. V. Argentina. However, other recent decisions have found a different approach that only certain kinds of public contracts are covered by umbrella clauses, for example, in El Paso Energy Int'l Co. v. Argentina, Pan American Energy LLC v. Argentina and CMS Gas Transmission Co. v. Argentina. With relation to the exhaustion of domestic remedies, most of tribunals have the position that the contractual remedy should not affect the jurisdiction of BIT tribunal. Even some tribunals considered that there is no need to exhaust contract remedies before bringing BIT arbitration, provoking suspicion of the validity of sanctity of contract in front of treaty obligation. The decision of the Annulment Committee In CMS case in 2007 was an extraordinarily surprising one and poured oil on the debate. The Committee composed of the three respected international lawyers, Gilbert Guillaume and Nabil Elaraby, both from the ICJ, and professor James Crawford, the Rapportuer of the International Law Commission on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts, observed that the arbitral tribunal made critical errors of law, however, noting that it has limited power to review and overturn the award. The position of the Committee was a direct attack on ICSID system showing as an internal recognition of ICSID itself that the current system of investor-state arbitration is problematic. States are coming to limit the scope of umbrella clauses. For example, the 2004 U.S. Model BIT detailed definition of the type of contracts for which breach of contract claims may be submitted to arbitration, to increase certainty and predictability. Latin American countries, in particular, Argentina, are feeling collectively victims of these pro-investor interpretations of the ICSID tribunals. In fact, BIT between developed and developing countries are negotiated to protect foreign investment from developing countries. This general characteristic of BIT reflects naturally on the provisions making them extremely protective for foreign investors. Naturally, developing countries seek to interpret restrictively BIT provisions, whereas developed countries try to interpret more expansively. As most of cases arising out of alleged violation of BIT are administered in the ICSID, a forum under the auspices of the World Bank, these Latin American countries have been raising the legitimacy deficit of the ICSID. The Argentine cases have been provoking many legal issues of international law, predicting crisis almost coming in actual investor-state arbitration system. Some Latin American countries, such as Bolivia, Venezuela, Ecuador, Argentina, already showed their dissatisfaction with the ICSID system considering withdrawing from it to minimize the eventual investor-state dispute. Thus the disagreement over umbrella clauses in their interpretation is becoming interpreted as an historical reflection on the continued tension between developing and developed countries on foreign investment. There is an academic and political discussion on the possible return of the Calvo Doctrine in Latin America. The paper will comment on these problems related to the interpretation of umbrella clause. The paper analyses ICSID cases involving principally Latin American countries to identify the critical legal issues arising between developing and developed countries. And the paper discusses alternatives in improving actual investor-State investment arbitration; inter alia, the introduction of an appellate system and treaty interpretation rules.

  • PDF