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Dispute Settlement in Cross-Border Public-Private Partnerships with Diplomatic Agendas: Learning from the Kaesong Industrial Complex

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Authors
Lee, Soo-Hyun
Issue Date
2016-12
Publisher
Institute of International Affairs, Graduate School of International Studies, Seoul National University
Citation
Journal of International and Area Studies, Vol.23 No.2, pp. 61-76
Keywords
Dispute SettlementKaesong Industrial ComplexKorean RelationsPublic-Private Partnership
Abstract
This paper examines the ways in which administrative barriers and uncertainty surrounding the resolution of a dispute have obstructed the Kaesong Industrial Complex (“KIC”) from reaching its potential, not only as a unique form of public-private partnership, but also as a diplomatic gesture of progressive good faith. To help wind back some of these hindrances, this paper suggests that introducing an independent, international forum and standardized rules for dispute settlement is necessary. This mechanism would have to be sensitive to two objectives in relation to the KIC, the first is that of being able to ensure the continued operation of the facility in the instance of a conflict due to the high actual, opportunity, and diplomatic costs of a shutdown. The second objective that this dispute settlement mechanism must fulfill is to resolve disputes with minimized hostility. Given the exogenous nature of disruptions to the KIC’s operations, inciting greater tension via this mechanism would be self-defeating. This paper proposes the use of the Energy Charter Treaty and its Secretariat for the resolution of disputes in responding to these two objectives.
ISSN
1226-8550
Language
English
URI
http://hdl.handle.net/10371/110058
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Graduate School of International Studies (국제대학원)Dept. of International Studies (국제학과)Journal of International and Area StudiesJournal of International and Area Studies vol.23 (2016)
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