• Title/Summary/Keyword: foreign case study

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A Case Study on the Denial of Recognition and the Enforcement of Foreign Arbitration Award in China (외국중재판정의 승인 및 집행거부와 관련한 중국법원의 사례연구)

  • Lu, Ying-Chun;Ha, Choong-Lyong;Han, Na-Hee
    • Journal of Arbitration Studies
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    • v.30 no.2
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    • pp.69-90
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    • 2020
  • The arbitration system has many advantages, including resilience, speed, ease of approval, and enforcement of foreign arbitration in international disputes, and it plays an important role in today's international business. As the world's economic activities increase, China's trade disputes are intensifying. In 2017, China emphasized the international cooperation and commercial expansion of foreign investment at "One Belt, One Road." Therefore, it is expected that international business will become more active, with the issue of how to recognize and enforce the foreign arbitration awards in China becoming highly important. In addition, South Korea and China maintained deep trade relations after establishing diplomatic relations in 1992 and concluding the Korea-China Free Trade Agreement, which will inevitably increase trade disputes. As far as South Korea is concerned, China is South Korea's largest trading partner, so it is important for South Korea to analyze how foreign arbitration awards are recognized and enforced in China. China's accession to the New York Convention in 1987 was the beginning of the enforcement of foreign arbitrators. However, since China has begun to recognize and enforce foreign arbitrators relatively late, there are many problems in terms of recognizing and enforcing foreign arbitral awards in China. This study introduces the concept and scope of foreign arbitral awards, as well as the legal basis and procedures for recognizing and enforcing foreign arbitral awards, and examines relevant cases and the denial of recognition and enforcement of a foreign arbitration award. In the end, some issues and remedies for the recognition and enforcement of the foreign arbitral awards system in China were concluded.

An Empirical Study on the Volume and Return in the Korean Stock Index Futures Markets by Trader Types (투자주체별 주가지수선물시장의 거래량과 수익률에 관한 연구)

  • Lee, Sang-Jae
    • 한국산학경영학회:학술대회논문집
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    • 2006.12a
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    • pp.107-120
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    • 2006
  • This thesis examines the relationship between the trading volume and price return in the korean stock Index Futures until June 2005. First, the volume of KOSPI200 futures doesn't play a primary role with the clear explanation of return model. Second, an unexpected volume shocks are negatively associated with the return in case of the KOSPI200 futures, but it is a meaningless relation in the KOSDAQ50 futures. In the case of open interest, it's difficult to find any mean in a both futures. Third, The changes in the trading volumes by foreign investors are positively associated with the return and the volatility, but individuals and domestic commercial investors are negatively associated with the return. This empirical result seems that foreign investors are initiatively trading the korean stock index futures, individuals and domestic commercial investors follow the lead made by foreign investors.

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Does Foreign Direct Investment Promote Skill Upgrading in Developing Countries? Empirical Evidence from Malaysia

  • JAUHARI, Azmafazilah;MOHAMMED, Nafisah
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.4
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    • pp.289-306
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    • 2021
  • This paper aims to investigate how and to what extent FDI impacts the relative demand for skilled labor within firms in the case of developing countries. The analysis uses a sizeable micro-level dataset for Malaysian manufacturing industries using the System-GMM estimators to control the estimations' endogeneity problems. For this purpose, the study uses foreign equity share at the firm level to investigate foreign ownership effects at the firm level and the Horizontal FDI index by Smarzynska Javorcik (2004) to analyze FDI intra-industry linkages influence on the structure of labor demand for Malaysian domestic firms. Our findings indicate that foreign ownership increases the skilled demand within Malaysian manufacturing through the learning process, exclusively for small- and medium-sized firms (SMEs). Conversely for foreign-owned firms, changes in their skilled-labor share do not associate with changes in firm-level foreign equity share. We conclude that foreign ownership per se is not the major contributing factor for skill upgrading in Malaysian manufacturing firms. Furthermore, the competitive pressures caused by foreign firms' presence within the same industry - namely horizontal FDI - has a significant negative spillover effect on the level of skilled-labor share for domestic firms in the Malaysian manufacturing sector within periods of the understudies.

The comparison of hospital certification between G-SEED and foreign certification criteria (병원시설의 녹색건축 인증기준 국내외 비교연구)

  • Wang, Jeong Joon;Kim, Jung Hyun;Kim, Byung Seon
    • KIEAE Journal
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    • v.14 no.4
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    • pp.81-89
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    • 2014
  • This research introduces necessity to derive new certification criteria for the hospital considering healing environmental factors in G-SEED. The method of research is reference study to discuss concept of healing environment factors and case study to find ways for problem and improvement by comparison of G-SEED with foreign certification system. And the research conclusion is such as follows. First, it is necessary to develop certification criteria of the hospital for G-SEED which is lack of healing environmental assessment factors unlike foreign certification system. Second, The hospitals are certified by criteria of The Other Buildings in G-SEED which dose not take into account the characteristics of the hospital. Especially hospital waste and use of enormous water are the important factors required, which is already evaluated in foreign certification criteria.

The Relationship between Intra-Industry Trade and FDI: A Case of Machinery and Transport Equipment Trade between Korea and China (산업내 무역과 해외직접투자의 관계 : 한.중간 기계 및 운수장비 산업을 중심으로)

  • Joh, Yung-Jung
    • International Commerce and Information Review
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    • v.10 no.2
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    • pp.411-432
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    • 2008
  • This study presents the pattern and determinants of intra-industry trade in Korea's machinery and transport equipment industry focusing the influence of foreign direct investment on intra-industry trade. Using an OLS regression model the determinants of intra-industry trade are investigated. Results indicate that a statistically significant negative relationship is found between intra-industry trade and foreign direct investment, and show that intra-industry trade is positively affected by the degree of product differentiation and export structure similarity. Intra-industry trade is also positively associated with the economies of scale, the level of trade barrier, and transportation costs, although this is not statistically significant. The study found strong evidence that the propensity of foreign direct investment toward export specialized industry makes the negative relationship between intra-industry trade and foreign direct investment.

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Impact of Internationalization of Manufacturing Industries on the Domestic Labor Market: The Japanese Manufacturing Industry (제조업의 국제화가 국내고용에 미치는 영향에 관한 연구 : 일본제조업 사례를 중심으로)

  • Koji, Yoshimoto;Bae, Il-Hyun
    • Journal of Distribution Science
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    • v.13 no.4
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    • pp.35-43
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    • 2015
  • Purpose - This study aims to seek various plans to maintain the advancement of the overseas and domestic employment scenario through a case analysis of the Japanese industry, which maintains domestic employment while promoting the overseas advancement of companies despite having a similar industrial structure as Korea. The study further intends to derive insightful implications for Japanese manufacturing companies and government policies. Research design, data, and methodology - We selected four companies from the Japanese manufacturing industry. Being companies that were successful in increasing the domestic employment scenario while advancing in overseas markets. We utilized several secondary data sources including Japanese newspapers and report literature. Results - Previous studies have shown a negative relationship between Foreign Direct Investment (FDI) or offshoring and domestic employment. However, our results showed this relationship with respect to the Japanese manufacturing industry as follows: 1. FDI for developing overseas markets does not decrease domestic production. If Japanese companies change their strategy from exports to overseas production, there will be a consequent decrease in domestic employment of Multinational Enterprises (MNEs). However, the local production that plans the sales expansion of a foreign market does not substitute domestic production. 2. Several case studies illustrate that, as the production of final goods is expanded in foreign countries, there is a corresponding increase in the export of intermediary goods from Japan. In this case, if the production process of Japanese companies is promoted in foreign markets, the amount of exported material and parts from Japan will consequently increase. 3. It is difficult to consider that the establishment of subsidiary companies in foreign countries by manufacturing companies for wholesale, retail, and services decreases domestic employment. This is because the international development of these industries needs expatriates, expatriate training organizations, and research and development (R&D) activities. 4. When there is overseas demand, the growth of local management activities is expected to increase the work of the overseas business department in the head office in Japan, if competitiveness can be secured for better localization and management speed. 5. The conversion of the domestic manufacturing industry into high value-added production is necessary. The relocation of domestic production to foreign markets decreases domestic employment. To prevent this, the upgradation of domestic production bases, including high value-added production, and R&D capability need to be strengthened. Technology-based companies must develop new technology, patents, processes, and so forth, which require extensive human resources for R&D. Conclusions - Domestic medium-sized companies that are capable of consistently supplying high value-added products should be actively encouraged to deploy into and develop overseas markets. Further, this paper considers the necessity of a guidance policy that provides suggestions for overseas deployment, by the initiation of the government, to companies that cannot do so due to the lack of foreign experience or decisions by the CEO, despite having the relevant capability and technologies to supply high value-added products.

The Embeddedness of Foreign Firms in Korea : The Case of Business Service Activities (사업서비스 분야 외국인직접투자기업의 한국내 뿌리내림)

  • 이병민
    • Journal of the Korean Geographical Society
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    • v.36 no.4
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    • pp.402-417
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    • 2001
  • This study empahsized the nature of spatial patterns, characteristics and embeddeness of foreign business service firms in Korea utilizing questionnaire survey and interview data. Foreign business services firms are active in forming interfirm networks with clients and supply firms in Korea for widening the market share in Korea. But a low proportion of foreign firms is engaged in academies-industry linkages, government organizations, research institutes, and trade associations. Knowledge transfer and interaction also shows low level of network and the regional development of foreign firms is still in the process of developing, not quite embedded yet. Policy guidances and instituional supports are very essential to strenthen interfirm network and collective learning process of foreing firms in Korea lather than mechanical accumulation of investments. Thus, regional foreign direct investment policy should be targeted towards the incrementation of the potential of foreign firms as a knowledge-intensive industry.

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A Case Study on the Resolution of International Investment Disputes Caused by Aggravation of Political and Economic Situation of the Host State - Focusing on the case of CMS Gas Transmission Company v. Argentine Republic (투자유치국의 정치.경제상황 악화로 인한 국제투자분쟁의 해결에 관한 사례연구 -CMS Gas Transmission Company v. Argentine Republic 사건을 중심으로)

  • Oh, Won-Suk;Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.87-109
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    • 2007
  • This Comment explores the ICSID case of CMS Gas Transmission Company v. Argentine Republic, awarded on May 12, 2005. The Part II of this Comment first describes the relevant facts of the case including the some background for readers' understanding and the Part III summaries the claimant's requests and the decisions rendered by the Arbitral Tribunal in the Award. At Part IV, the Comment addresses the issue of determinating laws applicable to the merits of dispute in case that the parties of the case have not chosen a governing law, and at Part V, takes a close look into three main issues of (i) the indirect expropriation of the investment, (ii) the breach of fair and equitable treatment and (iii) the protections under umbrella clauses. In this CMS case, we see first that while the Tribunal affirmed that any indirect expropriation can occur from incidental interference depriving the foreign investor of the use or reasonable-to-be-expected economic benefit even if not necessarily to the obvious benefit of the host State, the Tribunal denied the occurrence of indirect expropriation in this case by holding that the Government of Argentina has not breached the standard of protection laid down in the Treaty. Secondly, however, regarding the issue of fair and equitable treatment, we see that the Tribunal, finding Argentina's breach of obligations, affirmed that the foreign investor can expect the host State to act in a consistent manner, free from ambiguity and totally transparently in its relations with the foreign investor, which can give the foreign investor certain degree of foreseeability. Thirdly and finally, we see that, on base of the effect of the umbrella clause, the Tribunal recognized the obligation of the host State undertaken not to freeze the tariff regime or subject it to price controls and not to alter the basic rules governing contracts between the foreign investor and the host State without the first's written consent. However, the protection under the umbrella clause is available only when there is a specific breach of rights and obligations under BIT or a violation of contract rights protected under BIT.

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The Role and Function of Small Community Library for Foreign Immigrants: the Case Study of Multicultural Library at Wongok-dong, Danwon-gu, Ansan-si (국제이주민들을 위한 작은도서관의 역할과 기능: 안산시 단원구 원곡동 다문화작은도서관 운영사례연구)

  • Kim, Yoon Young;Jung, Eun Ju
    • Journal of Korean Library and Information Science Society
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    • v.47 no.4
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    • pp.559-578
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    • 2016
  • According to the rapid increase of foreign immigrants, South Korea recently has grown more and more interested in the acceptance of cultural diversity in diverse fields at the whole society. Korea Library Association also has sought the way of multicultural service for foreign immigrants in libraries and many previous researches has suggested those. This paper examines the ways in which small community library functions for foreign immigrants, analyzing on the case of multicultural library located in Wongok-dong, Ansan-si, where about 80% population of residents are foreign immigrants. Ansan multicultural library has two functions in the community. One is the educational place for helping immigrants' settlement and adaptation of South Korea. The other is the cultural place for social integration between immigrants and South Koreans based on mutual understanding and communication. Ultimately this paper shows how values small library in the community has significantly for foreign immigrants.

A Case Study of the Information Literacy Course for Foreign Students: Focusing on the Analysis of Educational Effect and Demand (외국인 학생을 위한 대학도서관 정보이용 교육 사례 연구 - 교육효과와 요구 분석을 중심으로 -)

  • Lee, Hyun-Sil;Hwang, Dong-Ryul
    • Journal of Korean Library and Information Science Society
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    • v.38 no.4
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    • pp.145-165
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    • 2007
  • In this study, the information literacy educational program currently used by Korean universities was applied to foreign ones and its educational effect was analyzed and their degree of satisfaction and demands were understood. As a result, the educational effect was shown, but the average knowledge of academic information used still remained low, but the satisfaction degree of education for information literacy was high, which means that such education is absolutely needed for foreign students. The analyzed results and contents carried out in the experiment will be very helpful for designing a differentiated information literacy educational program for foreign students.

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