• Journal of Arbitration Studies
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• v.20 no.1
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• pp.109-131
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• 2010

Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.1 no.1
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• pp.179-199
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• 2006

The objective of the study which it analyzes the result which goes made to the equity investor venture company IPOs stock of Korean venture capitalists. The sample company is the venture business 101 which IPO time venture capitalists invest in period KOSDAQ market from 1997 July 1st to 2006 June 30th for 9 years. The result of the study was as follows. First, it is found that syndication investing venture capitalists than the sale investing venture capitalists has desirable investment act which relax non-symmetry information between the publicly held company and the investor. The study support to Bygrave(1987), Lerner(1994) and so on. Second, The venture capitalists under postscript investing the venture business compared to under investing shows IPO excess benefit rate initially more highly from the venture business and the investor whom already invests early stage prove to use the manned it exaggerates the value of the venture business which venture capitalists oneself invests from postscript phase through the high position characteristic At last, it is discovered that the investment equity ratio of venture capitalists effect of sound (-) postscript investor IPO result which analyzed. It is showed that venture capitalists will remain more lowly excess benefit rate as the equity ratio which the venture capitalists invests at the venture business will be high.

• The Korean Journal of Financial Management
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• v.26 no.1
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• pp.165-188
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• 2009

This paper has suggested the methodology for the frontier portfolios and the optimal portfolio under the mean-VaR framework, not assuming the normal distribution and considering the investor's preferences for the higher moments of return distributions. It suggested the grid and rank approach which did not need an assumption about return distributions to find the frontier portfolios. And the optimal portfolio was selected using the utility function that considered the 3rd and the 4th moments. For the application of the methodology, weekly returns of the developed countries index, the emerging market index and the KOSPI index were used. After the frontier portfolios of the mean-variance framework and the mean-VaR framework were selected, the optimal portfolios of each framework were compared. This application compared not only the difference of the standard deviation but also the difference of the utility level and the certainty equivalent expressed by weekly expected returns. In order to verify statistical significances about the differences between the mean-VaR and the mean-variance, this paper presented the statistics which were obtained by the historical simulation method using the bootstrapping. The results showed that an investor under the mean-VaR framework had a tendency to select the optimal portfolio which has bigger standard deviation, comparing to an investor under the mean-variance framework. In addition, the more risk averse an investor is, the bigger utility level and certainty equivalent he achieves under the mean-VaR framework. However, the difference between the two frameworks were not significant in statistical as well as economic criterion.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.36 no.2
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• pp.32-38
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• 2013

In recent years, anti-PID (Potential Induced Degradation) technologies have been studied and developed at various stages throughout the solar value chain from solar cells to systems in an effort to enhance long-term reliability of the photovoltaics (PV) system. Such technologies and applications must bring in profits economically for both manufacturers of solar cell/module and investors of PV systems, simultaneously for the development of the PV industry. In this study two selected anti-PID technologies, ES (modification of emitter structure) and ARC (modification of anti-reflective coating) were compared based on the economic features of both a cell maker with 60MW production capacity and an investor of 1MW PV power plant. As a result of this study, it is shown that ARC anti-PID technology can ensure more profits over ES technology for both the cell manufacturer and the investor of PV power plant.

• New & Renewable Energy
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• v.7 no.4
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• pp.10-17
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• 2011

Recently, electricity industry is facing high market uncertainty which has ever had and which increase risks in power market. In this study, we analyze risk factors such as discount rates, initial investment (overnight cost), plant factor, fuel cost, carbon price, etc, for the perspective of investor. For the analysis of risk factors, we used LCOE method. The results of this study show that renewable energy is more affected by plant factor and overnight cost than other risk factors. First, Renewable energy has higher proportion of overnight cost in the total investment than that of other technologies. Second, renewable energy is free of fuel cost and carbon price so plant factor is the most important factor, in other words, competitiveness of renewable energy depends on plant factor. Furthermore, we conducted economic feasibility of wind power and PV in domestic case study. The minimum requirement condition to get profitability is that plant factor 15% and overnight cost \6,000,000/kW and 26%, \2,200,000/kW for PV and Wind Power, respectively.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.79-106
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• 2013

The world is significant increasing investment volume into developing countries from foreign investors. Foreign financial capital is searching in interesting place among the emerging market. However foreign investors put still their experience in the economical and social crisis with political risks in the host countries. MIGA entered into the political risks insurance market which has one of the basic matter of sponsored the private investment guarantee programs. They put guarantee or covering risks of currency inconvertibility, expropriation, breach of contract and political violence. In the case contracts of guarantee concluded between investor and MIGA which are disputes in relation to such MIGA service contract, it should be settled by negotiation, conciliation and arbitration under the convention establishing the Multilateral Investment Guarantee Agency(MIGA). All disputes within the scope to states and investor of MIGA members shall be settled in accordance with the procedure set out in the convention. Recently, MIGA is opening the office in Seoul to strengthen joint efforts between MIGA and Korea. It will be a good chance to consider sustainable improvement and dispute solutions for emerging countries in foreign investment to the korean investors.

• International Commerce and Information Review
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• v.17 no.2
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• pp.69-93
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• 2015

Developing countries including poor countries cannot accumulate enough domestic saving and government budget for their industrialization. They need to finance the capital for development from abroad sources; foreign direct investment (FDI) and official development assistance (ODA). The developing countries can improve their business climate for more ODA. This paper examines whether ODA improve the business climate of developing countries. In this paper, the business climate are measured by the starting business scores and the scores of credit and protecting investor in Doing Business project of World Bank. According to the empirical result, ODA has significant effect on the starting business scores for low and lower middle income countries, but insignificant effect for upper middle countries. In the case of the scores of credit and protecting investor, ODA has significant effect only for lower middle income countries.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.519-544
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• 2011

Clauses on national treatment in the bilateral investment treaties including FTA state that, the foreign investor and his investments are 'accorded treatment no less favourable than that which the host state accords to its own investors'. Hence the purpose of the clause is to oblige a host state to make no negative differentiation between foreign and national investors when enacting and applying its rules and regulations and thus to promote the position of the foreign investor to the level accorded to nationals. As a matter of legal drafting technique, while the basic clause is generally the same, the practical implications differ due to more or less wide-ranging exemptions of certain business sectors. It is generally agreed that the application of the clause is fact-specific. This paper deals with problems in drafting clauses on national treatment in practice, introduces several considerations to adjust the level of national treatment, so it can be made more represents the interest of our country.

• Journal of Distribution Science
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• v.12 no.10
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• pp.5-9
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• 2014

Purpose - This paper aims to critically examine capital market developments in India before and after liberalization. Research design, data, and methodology - The paper examines the Indian capital market from its inception to the latest developments related to both primary and secondary markets, and also discusses recent initiatives of capital markets to enhance the expected level of services to the investor community. It also sheds light on the regulatory framework for investor protection. Results - The study further highlights the future roadmap for the radical development of the Indian capital market. The paper identifies the various initial obstacles and intricacies that affect the smooth functioning of the Indian capital markets. Hence, the paper articulates that these concerns should be addressed by the regulatory authorities and at the policy level at the earliest for further strengthening the capital markets in the interests of the economy in general and retail investors in particular. Conclusion - This is a topic of utmost contemporary importance to worldwide national economies, and calls for novel methods and techniques in dealing effectively with the menace facing capital markets.

• Journal of Arbitration Studies
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• v.25 no.3
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• pp.185-226
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• 2015

As in some developing countries and more recently some developed countries worldwide and in the Asian region, Australia has faced significant internal opposition and public debate especially over treaty-based investor-state dispute settlement (ISDS). As outlined in Part II(1), concerns have re-emerged and escalated since the first-ever claim was brought against Australia regarding its tobacco plain packaging legislation, in 2011 by Philip Morris Asia under an old BIT with Hong Kong. However, Australia signed bilateral FTAs with Korea in 2014 and with China in 2015, including ISDS protections, prompting several sets of parliamentary inquiries (Part II(2)). Australia's close trading partner, New Zealand, had already concluded an FTA with China in 2008 that included more expansive ISDS-backed investor protections. In 2015, the New Zealand Parliament has been debating ratification of its own FTA with Korea, with ISDS also now attracting growing scrutiny, as elaborated in Part III below. In both bilateral FTA negotiations, the present Korean government seems to have reverted to a strong preference for concluding investment agreements with extensive ISDS protections, despite public and parliamentary debate around 2011 in the context of ratifying its FTA with the United States. As mentioned briefly in the concluding Part IV, Korea's stance has significant implications for the future trajectory of treaty-based ISDS - and indeed international arbitration more generally - in the Asia-Pacific region, and perhaps even globally.