한미 FTA 투자 관련 협상에서 나타난 몇가지 쟁점에 관한 연구
Current Issues on Investment in the KOR-US FTA Negotiation
1
조회
0
다운로드
4
인용
0
참고문헌
키워드
초록
Abstract
Current Issues on Investment in theKOR-US FTA Negotiation Seung Wha Chang There is an ongoing FTA negotiation between Korea and U.S. We cannot predict its outcome at this point of time. However, the Korean government officially announced that it would move forward negotiating with other partners, such as Canada, Mexico and Japan. Therefore, it would be meaningful to explore current issues facing the KOR-US FTA negotiations. It will be helpful to us anyway in negotiating with other trading partners and formulating model FTA clauses for Korea. This article is not a thorough review of the KORUS FTA, but provides for discussion of some core issues related to the Investment Chapter. This Paper is not designed to focus on particular issues with an academic viewpoint. Rather, it will provide an extensive review of several points of debates between the two nations which are currently on the negotiation table. An internal motivation for this paper is to provide logics and reasonably acceptable justifications for the Korean government in key issues in the Investment Chapter. More ambitiously, however, this paper is aimed at providing a solution to seeral key issues, which can satisfy both nations in terms of the national welfare of the both nations.
참고문헌 (26)
- 이한기, "국제법강의,신정판" (1997), 박영사
- 장승화, "양자간 투자협정 연구" (2001), 법무부
- Alan Redfern, "Law and Practice of International Commercial Arbitration, 3rd ed." (1999), Sweet & Maxwell
- Ian Brownlie, "Principles of Public International Law,5th ed.," (1998)
- Rudolf Dolzer, "Bilateral Investment Treaties" (1995), ICSID
- UNCTAD, "Bilateral Investment Treaties in the Mid-1990s" (1998), UN
- Arghyrious A. Fatoutos, "Toward an Investment Agreement on Foreign Direct Investment?" (1995)
- Carlos M. Correa, "Investment Protection in Bilateral and Free Trade Agreements: Implication for the Granting of Compulsory Licenses" (2004)
- David A. Gantz, "The Evolution of FTA Investment Provisions: From NAFTA to the United States-Chile Free Trade Agreement" (2004)
- David R. Haigh, "The Management and Resolution of Cross Border Disputes as Canada", U.S. Enter the 21st Century: Chapter 11-Private Party vs. Governments, Investor-State Dispute Settlement: Frankenstein or Safety Valve?, 2000, ~
- Emilio Vinuesa, "Bilateral Investment Treaties and the Settlement of Investment Disputes Under ICSID", 8 (2002)
- Jeffrey Turk, "Compensation for "Measures Tantamount to Expropriation" under NAFTA: What It Means and Why It Matters" (2005)
- Jose Luis Siqueiros, "Bilateral investment Treaties on the Reciprocal Protection of Foreign Investment" (1994)
- Kaj Hober, "Investment Arbitration in Eastern Europe: Recent Cases on Expropriation" (2003)
- Kelly M. Mann, "United Mexican States v. Metalclad Corporation: The North American Free Trade Agreement Provides Powerful Private Right of Action to Foreign Investors" (2003)
- Manuel A. Abdala, "Damage Valuation of Indirect Expropriation in International Arbitration Cases" (2003)
- Maurizio Brunetti, "NAFTA Chapter 11 : The Iran-United States Claims Tribunal, NAFTA Chapter 11, and the Doctrine of Indirect Expropriation" (2001)
- Rainer Geiger, "Regulatory Expropriation in International Law: Lessons from the Multilateral Agreement on investment" (2002)
- Rudolf Dolzer, "Fair and Equitable Treatment: A Key Standard in Investment Treaties" (2005)
- Rudolf Dolzer, "Indirect Expropriation: New Developments?", pp.11~ (2002)
- Scott R. Jablonski, "Foreign Investment Disputes Resolution Does Have a Place in Trade Agreements in the Americas: A Comparative Look at Chapter 10 of the United States Chile Free Trade Agreement" (2003)
- Surya P. Subedi, "The Challenge of Reconciling the Competing Principles within the Law of Foreign Investment with Special Reference to the Recent Trend in the Interpretation of the Term "Expropriation"" (2006)
- Vicki Been, "Introduction to Regulatory Expropriation in International Law and Case", pp.11~ (2002)
- William S. Dodge, "Investor-State Dispute Settlement between Developed Countries: Reflection on the Australia-United States Free Trade Agreement" (2006)
- "외교통상부 홈페이지 www.mofat.go.kr"
- "미국 USTR 홈페이지 www.ustr.gov"
