• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.59-78
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• 2013

The interpretation and application of investment treaties takes place mostly by ad hoc tribunals. Their composition varies from case to case. But in interpreting and applying investment treaties are bound to exist on a ground rule and coherent criteria. Given summarizing contents of this study, those are as follows. When interpreting investment treaties, (i) most tribunals is based on Article 31 and 32 of the VCLT, (ii) tribunals rely on previous decisions, (iii) tribunals resort to travaux pr$\acute{e}$paratoires, (iv) tribunals consider the interpretative statement. When applying investment treaties, (i) treaties apply only in relation to acts or events that occurred after their entry into force, (ii) tribunals have applied different inter-temporal rules to jurisdictional clauses and substantive provisions in treaties, (iii) the relevant date for purposes of jurisdiction is the date of the institution of proceedings, (iv) Under the ICSID convention, the host state and investor's nationality must be a party to the convention on the date the proceedings are instituted. This study is expected to possibly become guideline in the interpretation and application standards of investment treaties. So future disputes can be prevented and prepared in advance.

• Korea Trade Review
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• v.44 no.1
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• pp.285-299
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• 2019

The 'One Belt One Road (OBOR)' initiative, which was promulgated as part of the enlargement policy along with the advent of Xi Jinping in 2013, is a policy to expand China's political and economic power externally through linkages with neighboring countries. China's overseas port investment plays an important role in the promotion of the 'OBOR' policy from the coast of China through maritime transportation routes from S.E Asia to Mediterranean and Europe. Since China's overseas port investment has been made from several factors such as political, economic, and military motives, it differs in purpose and character from investments made by private companies, such as Global Port Operators(GTO) which consider profitability first. This study aims to address future prospects and implications by analyzing the geopolitics of China's overseas port investment under the 'One Belt One Road' initiative. According to the results, China's overseas port investment is dominated by state-owned enterprises and political and security factors are more important than profitability. China's overseas port investment has been on a large scale in a short period of time, and China has faced with various problems both domestically and internationally. such as debt default, environmental problems, subordination problems from recipient countries and political and military confrontation with great countries such as United States, Japan and India etc.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.3-32
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• 2007

This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

• Journal of Korea Trade
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• v.26 no.5
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• pp.1-22
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• 2022

Purpose - This study aims to analyze the influence of South Korea's outward foreign direct investment (OFDI) under the effect of both multinational enterprises' (MNEs) investment motivation and host country institutions. Some suggestions are put forward with regard to South Korean MNEs participating in and integrating into the fierce and changeable world of international market competition. Design/methodology - The basic hypotheses are that MNEs' investment motivations and the host country's superior institutions both boost South Korea's OFDI in those host countries. South Korea's OFDI is divided into investment choice stage and investment scale stage. A Heckman two-stage selection model is established for empirical analysis, using the panel data of South Korea's OFDI and related variables, from 2002 to 2019. Findings - (1) The influence on the investment scale of South Korea's OFDI is more regular and noteworthy than the influence on investment choice. (2) In the investment scale stage, there are obvious motivations to seek markets, labor force and superior technology, but not natural resources. (3) In the investment scale stage, the South Korea's OFDI is more obviously attracted by the host country's superior political institutions, economic institutions and legal institutions, but not cultural institutions. Originality/value - The choices of variables and uses of model expand the theoretical basis and empirical method of OFDI research. The results of the empirical study also provide some reference for the transnational investment of South Korean MNEs and the investment policy formulation of the South Korean government.

• Journal of the military operations research society of Korea
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• v.9 no.1
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• pp.15-28
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• 1983

In sequential capital allocation processes, the information on the future availability (flexibility) of invested funds provides a decision maker with additional insight into the characteristics of alternatives. The investment decision with consideration of flexibility and profitability results in more wealth accumulation than the decision without considering flexibility does in sequential investment processes. To utilize the information on the flexibility under certainty, the PV/FI decision model is developed.

• Journal of the Korea Convergence Society
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• v.9 no.2
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• pp.207-215
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• 2018

In this study, targeting KOSPI and KOSDAQ listed companies, the relationship between the abnormal investment of companies and analyst earnings forecasts was empirically analyzed. The analysis period of this study spanned from 2003 to 2015 (with that of dependent variables spanning from 2004 to 2016) based on the variables of interest, and among the companies whose earnings per share forecasts were announced by financial analysts, the final sample of 4,917 companies/year that meets the research condition was selected as the target analysis. The results of the empirical analysis are as follows. First, it turned out that the more total abnormal investment, abnormal R&D and abnormal CAPEX investment, the more accurate were analyst earnings forecasts. Second, the more total abnormal investment, abnormal R&D, abnormal CAPEX investment, the more pessimistic analyst earnings forecasts tended to be. Further analysis has shown that these results came more from over investment groups than under investment groups. The results of this study are expected to make additional contributions to the existing studies in that the abnormal investment is considered as a determinant of analyst earnings forecasts.

• Land and Housing Review
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• v.8 no.3
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• pp.145-159
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• 2017

Despite the longing for democracy of most people, Myanmar has missed opportunities for social and economic development by military dictatorship. However, since 2010, the civilian government has gained new opportunities for reform. After turning to economic reform, developed countries such as the US and EU lifted the economic sanctions that they had taken in the past. As a result, it is growing rapidly compared to neighboring countries due to attracting foreign capital, tariff benefits on export items, and expansion of industrial infrastructure. Despite the increased investment value due to economic growth and democratization, the complex and customary land system of Myanmar must be an uneasy factor in securing stable land rights when entering overseas markets. Therefore, this study sought the method of securing the land rights in the development project through the analysis of the foreign investment system in Myanmar and the investigation of joint development cases. The results of this study are as follows. First, the acquisition of land use rights at the early stage of development can be considered through the foreign investment system. Under the Foreign Investment Law and Myanmar Investment Law, the land can be used for up to 70 years, and Under the Special Economic Zone Law, the land can be used for up to 75 years. Second, in relation to land compensation, it is required to establish a detailed resettlement plan for the indigenous people as the difficulty of land acquisition is expected due to the recent democratization trend and strengthening the voice of residents. Third, land use at the operational stage can be achieved by leasing the land from developers, and this will be the most realistic plan at present. In other words, the developer can directly develop the land created under the Foreign Investment Law and the Special Economic Zone Law, or Sub-lease and transfer the land use right to a third party.

• Journal of the Korean Operations Research and Management Science Society
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• v.11 no.2
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• pp.7-12
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• 1986

The problem of strategic R & D investment is formulate as a differential game model and solved explicity for a special case. It is shown that, at equilibrium, an increase in the intensity of market competition or a decrease in the role of technology transfer results in an increase in the initial rate of investment by competing tfirms. The increased initial investment rate may enhance the rate of technology development. This dynamic model can be used to propose non cooperative R & D investment policies in technologically competitive situation.

• Journal of Korea Trade
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• v.27 no.1
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• pp.60-78
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• 2023

Purpose - The study analyzed 90 online firms worldwise and observed them for ten years to investigate their investments and firm performance variabilities. This study attemped to verify the existence of agency problems in online firms. Through this, the paper intends to expand the scope of research in the fields of investment and firm value both empirically and in theory. This study also attempted to supplement the insufficient logic of previous studies by analyzing the relationship between investment and profitability. Design/methodology - In this study, the investment is subdivided into over-, under-, and neutral investments, and an empirical analysis of the firm performance was conducted. As investment generally has long-term effects, the impact of a firm's investment on future firm performance and variabilities in firm performance was considered over the short-and medium-term period. Findings - It was found that there was a negative relationship between firms with an overinvestment and future firm performance. Underinvestment has no clear statistically significant results on firm performance. This implies that overinvestment causes more reduction in future firm performance than underinvestment. It was also found that underinvestment and overinvestment significantly increased the variability of firm performance. A positive significance was found between under- and over- investment with a variability of 3 years and overinvestment with a variability of 4 years in the future. A negative relationship was found between neutral investment propensity and future performance variabilities. Neutral investment has less effect on the future performance variability of a firm than a firm's overinvestment and underinvestment. For online firms, underinvestment and overinvestment have a greater effect on the firm's future performance variability than neutral investment. Originality/value - The agency theory predicts that information asymmetry and adverse selection problems exacerbate conflicts of interest among stakeholders, thus firm performance. The study contributed to accumulating research on online firms that are currently underexplored by analyzing the investment behavior of major firms in the online industry.

• East Asian mathematical journal
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• v.33 no.1
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• pp.23-36
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• 2017

We study an optimization problem for HARA utility function under a multi-scale Heston's stochastic volatility model. We investigate a practical strategy that do not depend on the incorporated factor which is unobservable in the market.