국제투자계약에 따른 위험대처 방안에 관한 연구- Umbrella Clause와 MIGA를 중심으로 -
A Study on the Measures against Risks in International Investment Agreement - Focusing on the Umbrella Clause and MIGA -
1
조회
0
다운로드
5
인용
0
참고문헌
키워드
초록
The purpose of this paper is to examine the Measures against Risks in International Investment Agreement: focusing on Umbrella Clause and MIGA. Umbrella Clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. The meaning of umbrella clauses is one of the most controversial issues with which international arbitral tribunals have been recently confronted with while adjudicating investment disputes brought before them MIGA issues guarantees against non-commercial risks for investments, such as: currency transfer restrictions, expropriations, war and civil disturbances and breach of contract by host governments, and the case that the investor obtains an arbitration award or judical decision for damages and is unable to enforce it after a specified period. Furthermore, MIGA undertakes a wide range of mediation activities designed to remove obstacles to the flow of foreign direct investment in its developing member countries.
Abstract
The purpose of this paper is to examine the Measures against Risks in International Investment Agreement: focusing on Umbrella Clause and MIGA. Umbrella Clauses have become a regular feature of international investment agreements and have been included to provide additional protection to investors by covering the contractual obligations in investment agreements between host countries and foreign investors. The meaning of umbrella clauses is one of the most controversial issues with which international arbitral tribunals have been recently confronted with while adjudicating investment disputes brought before them MIGA issues guarantees against non-commercial risks for investments, such as: currency transfer restrictions, expropriations, war and civil disturbances and breach of contract by host governments, and the case that the investor obtains an arbitration award or judical decision for damages and is unable to enforce it after a specified period. Furthermore, MIGA undertakes a wide range of mediation activities designed to remove obstacles to the flow of foreign direct investment in its developing member countries.
참고문헌 (23)
- 김충렬, "해외합작투자 분쟁대응방안과 사후분쟁해결에 관한 법적 연구", 석사, pp.2007
- 박훤일, "합작투자계약에 관한 법적문제", 역상무연구, 18 (2002), 한국무역상무학회
- "법무부, ICSID 중재제도 연구, 2006", ~ (2006)
- "산업자원부, 투자자-국가간 투자분쟁 사례로 본 정부정책적 시사점, 2007", ~ (2007)
- 오원석, "ICSID 중재이용을 위한 투자계약서상의 중재조항의 유효성과 추가쟁점", 통상정보연구, 9(4) (2007), 한국통상정보학회
- 장승화, "국제투자분쟁의 해결", 서울대학교 법학, 42(3) (2001), 서울대학교
- 채명기, "다자투자보증기구(MIGA)에 관한 법적 연구", 석사, pp.1991
- 최태판, "FTA 투자협정과 분쟁해결제도에 관한 연구", 중재연구, 17(2) (2007), 한국중재학회
- Ball, M., "Assessing Damages in Claims by Investors against States", ICSID Review- Foreign Investment Law Journal, 16(2) (2001)
- Baker, J.C., "Foreign Direct Investment in Less Developed Countries-The Role of ICSID and MIGA-" (1999), Quorum Books
- Blinn, B., "International Petroleum Exploration and Exploitation Agreement" (1986), Euromoney Pub
- Fitzgerald, Peter F., "“International Project Financing: an Overview”, Practising Law Institute Oder No.5347, 2004", ~ (2004)
- Gerald, T., "The International Bank for Reconstruction and Development" (2001), The World Bank
- Gill, J., "Contractual Claims and Bilateral Investment Treaties; A Comparative Review of the SGS Cases" (2004), J. Int. Arb
- "Horn, N., Arbitration Foregin Investment Disputes, Kluwer Law Int'l., 2004", ~ (2004)
- Hunt, C., "Political Risk Investment Insurance: Government-Backed and Private Market" (2006), American Law Institute-ABA Course of Study
- Peter, W., "Arbitration and Renegotiation of International Investment Agreement, 2nd Revised and England" (1995), Kluwer Law Int'l
- Redfern, A., "Law and Practice of International Commercial Arbitration" (2004), Sweet & Maxwell
- R?bino-Sammartano, M., "International Arbitration Law and Practice" (2001), Kluwer Law Int'l
- Schreuer, C., "Travelling the BIT Route; of Waiting Periods, Umbrella clause and Forks in The Road" (2004), J. World Inv
- Shihata, F. I., "MIGA and Foreign Investment -Origins, Operations, Policies and Basic Documents of the Multilateral Investment Guarantee Agency-, Brill Academic Pub., 1988", ~ (1988)
- Theodore H, M., "International Political Risk Management Looking to the Future" (2005), The World Bank
- Voss, H., "The Multilateral Investment Guarantee, Implication", J.W.R.L, 21(5) (1987)