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Composing an Investment Chapter of the Korea-China-Japan FTA: A Quest for Better International Investment Governance?

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The Korea-China-Japan Investment Promotion, Facilitation and Protection Agreement is the first treaty in the economic field that binds the three Northeast Asian countries together under a single legal instrument. The existence of effective dispute-settlement procedures under the treaty will contribute to the creation of a favourable investment climate in the host country. Nevertheless, there have been fears about frivolous or vexatious claims that could inhibit legitimate regulatory actions by governments. How to compose an investment chapter of the Korea-China-Japan FTA that is being negotiated is a pressing demand for all in the region. Any pertinent answers to such a quest require a thorough comparison of the benefits and drawbacks of any development of relevant rules and governance. In the end, a quest for better international investment governance in Northeast Asia in the future requires sound evaluation of lessons from the past and present.

Abstract

The Korea-China-Japan Investment Promotion, Facilitation and Protection Agreement is the first treaty in the economic field that binds the three Northeast Asian countries together under a single legal instrument. The existence of effective dispute-settlement procedures under the treaty will contribute to the creation of a favourable investment climate in the host country. Nevertheless, there have been fears about frivolous or vexatious claims that could inhibit legitimate regulatory actions by governments. How to compose an investment chapter of the Korea-China-Japan FTA that is being negotiated is a pressing demand for all in the region. Any pertinent answers to such a quest require a thorough comparison of the benefits and drawbacks of any development of relevant rules and governance. In the end, a quest for better international investment governance in Northeast Asia in the future requires sound evaluation of lessons from the past and present.

참고문헌 (11)

  1. Maclachlan, C., "International Investment Arbitration" (2007), Oxford University Press
  2. Bishop, D., "Foreign Investment Disputes- Cases, Materials and Commentary" (2005), Kluwer Law International
  3. Choi, Won-Mog, "The Present and Future of the Investor-State Dispute Settlement Paradigm", Journal of International Economic Law, pp.1~23 (2007)
  4. Rudolf, D., "Principles of International Investment Law" (2008), Oxford University Press
  5. Julian, L., "Comparative International Commercial Arbitration" (2003), Kluwer Law International
  6. Merrills, J., "International Dispute Settlement" (2005), Cambridge University Press
  7. OECD, "Improving the System of Investor-State Dispute Settlement: An Overview" (2006), OECD Publishing
  8. Salacuse, J., "Is There a Better Way? Alternative Methods of Treaty-Based, Investor-State Dispute Resolution", Fordham International Law Journal, 31 (2007)
  9. Sornarajah, S., "The International Law on Foreign Investment" (2004), Cambridge University Press
  10. UNCTAD, "UNCTAD Series on International Investment Policies for Development: United Nations" (2005)
  11. Weiler, T., "International Investment Law and Arbitration – Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law" (2005), Cameron May

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