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국제투자분쟁의 해결 : Dispute Settlement under the Bilateral Investment Treaty
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 장승화 | - |
dc.date.accessioned | 2009-09-09T04:42:58Z | - |
dc.date.available | 2009-09-09T04:42:58Z | - |
dc.date.issued | 2001 | - |
dc.identifier.citation | 법학, Vol.42 No.3, pp. 82-138 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9045 | - |
dc.description.abstract | As with an increasing number of new bilateral investment treaties between
Korea and other countries, there is a strong need to study legal implications of individual provisions under bilateral investment treaties. Bilateral investment treaties contain many substantive provisions, such as the scope of investment, general standards for protection of investment, takings/compensation and transfers. In addition, one of the essential components of bilateral investment treaties is dispute settlement-related provisions. What is striking in respect of investment-related dispute settlement is that investors can bring an arbitration against the hosting government, which is normally covered by the Washington Convention and administerd by ICSID(International Center for Settlement of Investment Disputes). This paper focuses on this unique type of investment dispute settlement procedures. While introducing relevant provisions of the Washington Convention, this paper demonstrates the practical importance of how to draft individual dispute settlement-related provisions. As a related matter, subrogation provisions will be dealt with at the last part of this paper. Dispute settlement provisions's importance in negotiating bilateral investment treaties cannot be emphasized too much, since without such provisions no other substantive provisions could be enforced in the end. This paper is designed to provide investment-related government officials with practical guidances for their negotiation of bilateral investment treaties with other nations in the future. Further, the author hopes that this seminal paper in this area will provoke a series of subsequent legal studies of investment. | - |
dc.description.abstract | As with an increasing number of new bilateral investment treaties between
Korea and other countries, there is a strong need to study legal implications of individual provisions under bilateral investment treaties. Bilateral investment treaties contain many substantive provisions, such as the scope of investment, general standards for protection of investment, takings/compensation and transfers. In addition, one of the essential components of bilateral investment treaties is dispute settlement-related provisions. What is striking in respect of investment-related dispute settlement is that investors can bring an arbitration against the hosting government, which is normally covered by the Washington Convention and administerd by ICSID(International Center for Settlement of Investment Disputes). This paper focuses on this unique type of investment dispute settlement procedures. While introducing relevant provisions of the Washington Convention, this paper demonstrates the practical importance of how to draft individual dispute settlement-related provisions. As a related matter, subrogation provisions will be dealt with at the last part of this paper. Dispute settlement provisions's importance in negotiating bilateral investment treaties cannot be emphasized too much, since without such provisions no other substantive provisions could be enforced in the end. This paper is designed to provide investment-related government officials with practical guidances for their negotiation of bilateral investment treaties with other nations in the future. Further, the author hopes that this seminal paper in this area will provoke a series of subsequent legal studies of investment. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 외국자본을 국내에 유치 | - |
dc.subject | Bilateral Investment Treaty: BIT | - |
dc.subject | 양자간 투자협정 | - |
dc.subject | ICSID 협약 | - |
dc.title | 국제투자분쟁의 해결 | - |
dc.title.alternative | Dispute Settlement under the Bilateral Investment Treaty | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Jang, Seung Hwa | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 138 | - |
dc.citation.number | 3 | - |
dc.citation.pages | 82-138 | - |
dc.citation.startpage | 82 | - |
dc.citation.volume | 42 | - |
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