국제투자중재에 있어서 충분한 보호 및 안전 의무상의 Due Diligence
Due Diligence of Full Protection and Security Obligation in International Investment Arbitration
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Most investment treaties provide the obligation of the host state to offer fullprotection and security for investors and investments. It is required that the hoststate should exercise due diligence in carrying out its obligations under the treatyor international customary law. The decisions of tribunals and the other sourceshowever offer no definition of “due diligence”. It is just because that much has notbeen known about it. Thus answers to the questions will be sought to what extenthas the application of due diligence for responsibility, what criteria hascompetence over determining whether the due diligence has been met whatrelevance is between the measure of due diligence and the development level of ahost state.
Abstract
Most investment treaties provide the obligation of the host state to offer fullprotection and security for investors and investments. It is required that the hoststate should exercise due diligence in carrying out its obligations under the treatyor international customary law. The decisions of tribunals and the other sourceshowever offer no definition of “due diligence”. It is just because that much has notbeen known about it. Thus answers to the questions will be sought to what extenthas the application of due diligence for responsibility, what criteria hascompetence over determining whether the due diligence has been met whatrelevance is between the measure of due diligence and the development level of ahost state.
참고문헌 (20)
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- 김상훈, "국제투자협정상 충분한 보호 및 안전 의무", 원광법학, 29(4), pp.343~370 (2013), 법학연구소
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