• 무역상무연구
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• 제68권
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• pp.89-121
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• 2015

Investor-State Dispute Settlement(ISDS) grants a foreign investor the right to access an international arbitrator, if he believes actions taken by a host government are in breach of commitments made in an investment agreement or an investment treaty. The arbitration procedure of ICSID is made specifically to resolve investment disputes, so most of investment disputes have been settled in accordance with the procedure. Owing to limitation of dispute settlements through the ICSID arbitration procedure, several investment dispute conciliation schemes have been emerged as alternatives. In the case of a conciliation, the conciliation procedure will be in progress based on arbitrary agreement between parties, and if both parties agree on a conciliation program, then the arbitrary execution rate is relatively higher than that of arbitration procedures. In addition, it is evaluated that the time duration of conducting a conciliation procedure is in general rather short in 8 to 24months, and its incumbent cost is also rather inexpensive. Most of all, through amicable settlement of a dispute between a foreign investor and a host state, the foreign investor may continue his investment activities without a hitch, while the host state may invite more investment without any risk of losing its external credibility. In conclusion, it is desirable to lead any investment dispute between a foreign investor and a host state settle in accordance with the dispute settlement procedure as specified in the relevant investment agreement. In addition, to make the foreign investor continue his investment activities, it will be necessary to provide a separate investment dispute conciliation system aside from such arbitration procedures to cope any unexpected incident flexibly.

• 한국지능정보시스템학회:학술대회논문집
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• 한국지능정보시스템학회 1999년도 추계학술대회-지능형 정보기술과 미래조직 Information Technology and Future Organization
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• pp.355-361
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• 1999

An application of case-based reasoning is proposed to build an influence diagram for identifying successful new ventures. The decision to invest in new ventures in characterized by incomplete information and uncertainty, where some measures of firm performance are quantitative, while some others are substituted by qualitative indicators. Influence diagrams are used as a model for representing investment decision problems based on incomplete and uncertain information from a variety of sources. The building of influence diagrams needs much time and efforts and the resulting model such as a decision model is applicable to only one specific problem. However, some prior knowledge from the experience to build decision model can be utilized to resolve other similar decision problems. The basic idea of case-based reasoning is that humans reuse the problem solving experience to solve a new decision. In this paper, we suggest a case-based reasoning approach to build an influence diagram for the class of investment decision problems. This is composed of a retrieval procedure and an adaptation procedure. The retrieval procedure use two suggested measures, the fitting ratio and the garbage ratio. An adaptation procedure is based on a decision-analytic knowledge and decision participants knowledge. Each step of procedure is explained step by step, and it is applied to the investment decision problem in new ventures.

• 환경영향평가
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• 제11권2호
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• pp.93-107
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• 2002

The choice of big public investment project needs an appropriate feasibility analysis before it is implemented, bemuse a rot wisely chosen one would bring about big and longrun societal costs. But the feasibility analysis for the big public investment project in Korea has been done without linking the economic benefits and environmental damages. Consequently social conflicts arose frequently during and after project implementation, owing to such concerns asincreasing costs and serious ecological damages. The recent social conflict over the Saemangeum Project is a typical case. This reclamation project began in 1991 and finished 60% of the whole process in 1999, when its feasibility was again assessed under the public pressure by the joint assessment team consisting of both citizen's and government's professionals. Even the assessment report by this joint team could not show the convincing results owing to the improper assessment procedure and failure to set proper feasibility criteria. This paper pointed out the limitations of our current procedure of feasibility assessment and identified the concrete problems that atosee during the recent reassessment process of the Saemangeum reclamation project by the joint team. In order to improve the current problem-ridden practices, it is concluded by the policy recommendation for establishing a right feasibility assessment procedure for the public investment projects.

• 산업경영시스템학회지
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• 제16권27호
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• pp.113-119
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• 1993

The purpose of this study is to develop a analytic procedure of the alternatives for the FMS that consist of high-priced facilities. A procedure to analysis the alternatives are as follows. Stage one is procedure to appraise investment alternatives of FMS and devide factors into strategic, analytic, economic viewpoint and draw upon decision making matrix through normalization Stage two is appraise to normalized alternatives using TOPSIS model among multiple attributes decision making models.

• 농업과학연구
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• 제39권1호
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• pp.17-21
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• 2012

The purpose of this study is to review the laws on foreign investment and the changed licensing procedures in Laos and to provide the data for basic understanding of foreign forestation investment in Laos. The conclusions are as follows. The Laos government has been consistently trying to promote foreign investment. In particular, in 2004, the "Law on the Promotion of Foreign Investment" was legislated. In 2009, the Foreign Investment Promotion Act and the Domestic Investment Promotion Act to incorporate the principles of the "Law on Investment Promotion" were enacted. In Laos, the country's land is owned by the nation's community and maintained by the government. Therefore, through the procedures for registration of land, land can be conceded or leased. The ways to invest are joint ventures (where at least 10% of the total capital investment has to be made), foreign sole investment (where the investor must have a minimum capital of $100,000 or more), joint venture agreement and etc. Lastly, the forestation licensing procedures in Laos are carried out in the following order: site selection, business investments feasibility studies, environmental and social impact assessment, forestry permit application.

• ETRI Journal
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• 제28권6호
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• pp.777-786
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• 2006

Since the introduction of competition in the telecommunication market due to the growth of the interconnection between heterogeneous networks, particularly fixed and mobile networks, the interconnection charge based on traffic-sensitive (TS) and non-traffic-sensitive (NTS) costs has become more important. Although there have been many studies of the public switched telephone network (PSTN), previous studies of TS and NTS costs in mobile networks are very few. In this paper, as a pilot study, we propose three criteria and a procedure for the classification of TS and NTS costs based on mobile systems. The three criteria are the following: function type, investment requirement, and main exhaust driver. Moreover, for a CDMA mobile system, strongly TS, strongly NTS, and mixed components are classified by the proposed criteria and procedure. The proposed criteria, procedure, and classification can provide a systematic and useful guideline to decide the scope of mobile facilities and to determine the terminating cost on mobile networks from fixed networks.

• 한국중재학회지:중재연구
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• 제25권2호
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• pp.71-96
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• 2015

This paper deals with the annulment of the ICSID(International Centre for Settlement of Investment Disputes) arbitral award. The annulment of the ICSID is characterized by the fact that it can be made possible through the special committee of ICSID only. The annulment of the ICSID was constructed on the premise that it is not an appeal procedure. However in the initial period, it was strongly criticized as it allowed new trials or duplicated many of the functions of an appeal and it broke down the boundary between the two systems. Although the trend seemed to be corrected through its 2nd and 3rd generations, it was still criticized for functioning as a new trial. It is approaching its 4th generation. On the other hand, with the activation of investment agreement arbitration based on ICSID and FTA, a certain degree of consistency is required for the ICSID arbitralaward. Also, with the emphasis on the public features of the arbitration for the investment agreement, the necessity of an appeal system is presented. The ICSID Secretariat published the "Opinion on the Appeal Procedure" in 2004 but as the system was criticized as too early due to the cost allocation problem and others, its adoption of an appeal procedure has been delayed. This paper focuses on how the currently incomplete ICSID arbitration judgment annulment system shall be used. Although it is still hardto expect the quality and consistent arbitral award annulment in the ICSID, this paper suggests that the "annulment without the actual new trial" using the restricted authority of a special commission in a creative way shall be pursued rather than just the actual new trial with or without annulment, thus going back to the original concept of the ICSID arbitral award annulment.

• 대한안전경영과학회지
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• 제13권2호
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• pp.267-273
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• 2011

Since 'The Act on Private Investment of The Infrastructure' was established in 1994, private investment as well as government's investment in transport infrastructure has been active. However investment in transport infrastructure has more risks than others' due to uncertainty both in traffic volume and in construction cost. In the current appraisal procedure of deciding transportation infrastructure investment, instead of risk management, the sensitivity analysis considering only the changes of benefit, cost and social discount rate which are main factor affecting economic feasibility is carried out. Therefore the uncertainty of various factors affecting demand, cost and benefit are not considered in feasibility study. In this study the problems in current investment appraisal system were reviewed. Using Delphi technique the major factors which have high uncertainty in feasibility study were surveyed and then improvement plan was suggested in the respective of classic 4 step demand forecasting method. The range estimation technique was also mentioned to deal with the uncertainty of the future.

• 한국중재학회지:중재연구
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• 제27권4호
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• pp.133-156
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• 2017

The purpose of this paper is to take a countermeasure of the investment treaty arbitration that Lone Star claimed to the Korean government. In particular, this study suggests procedural measures to be prepared by the Korean government after the arbitration award. The actual remedy in ICSID arbitration is the annulment procedure of arbitration award. Therefore, this study analyzed the measures that the Korean government can prepare based on the annulment grounds: the inadequacy of the constitution of the arbitral tribunal, the excessive power of the arbitrator, the corruption of the arbitrator, and the serious violation of the rules. First, the Korean government should decide whether to proceed with the annulment procedure after the arbitration award. Second, if they decide to do it, they should review the grounds of annulment. For example, it is possible to analyze whether the relationship between the arbitrator and Lone Star can be properly in the constitution of the arbitral tribunal, whether Lone Star is eligible to apply for ICSID arbitration, or whether arbitration tribunal ignores the crucial evidence that can affect the arbitration award. Independently, the Korean government needs to discuss the investment arbitration appeal system in a long-term perspective.

• 한국시스템다이내믹스학회:학술대회논문집
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• 한국시스템다이내믹스학회 2004년도 춘계 학술대회 발표논문집
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• pp.19-52
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• 2004

This study aims to grasp invisible yet dynamic systemic structure that influences the general procedure of national R＆D investment system in Korea using "system dynamic methods and to suggest policy lever. Various conflicting situations, 'R＆D investment paradoxes' in myopia investment and principal-agent problems etc, arise when the government decides R＆D investment area and makes indispensable choice. Difficulty in the decision can be amplified due to misalignments among decision on adequate amount of R＆D investment ("strategic loop"), R＆D system ("structural loop") and acceptance and realization by R＆D laboratories and theirs researcher ("efficacy loop"). Results of modeling and simulation of korea national R＆D investment system with consideration of three causal loops show the switching pattern dynamically, in which form of technologies shifts from one to another stage like paradigm shift, when the R＆D investment reaches a certain stork. R＆D investment increases are directly not liked to R＆D productivities because of delays and side effects during transition periods between different stages of technology development. Thus, It is necessary to develope strategies in order to enhance efficiency of technological development process by perceiving the switching pattern.