FTA 투자협정과 분쟁해결제도에 관한 연구

• 영문명: A Study on Investment Agreement and Dispute Resolution System of FTA
• 발행기관: 한국중재학회
• 저자명: 최태판
• 간행물 정보: 『중재연구』 제17권 제2호, 141~165쪽, 전체 25쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

This study aims to make a contribution to the promotion of trade and economic development of South Korea, and, at the same time, call attention to the increasing trend of investment agreements concluded within Free Trade Agreements (FTA) by examining theoretically FT As and dispute resolution and investigating systematically the conclusion procedure of agreements, and the system, institutions, and jurisdiction of dispute resolution, and presenting these findings to the government and investors involved. The most problematic aspect in the legal process of arbitration involving disputes over investment is that of arguments concerning the right of jurisdiction. When a dispute arises, even though an investor files for arbitration at an ICSID institution, the parties become involved in another energy-consuming argument even before proceeding to the hearing and decision of the original plan in cases in which the respondent of the dispute files an objection to the decision rights of the arbitral tribunal. As the main basis for this type of plea, the point of non-existence of jurisdiction is first raised where the applicable dispute does not fall under the range of investments defined in individual investment contracts or investment agreements such as a Bilateral Investment Treaty (BIT). To avoid an open-ended definition of investment for the range of investments, articles concerning investments in the FTA and NAFTA between Canada and the USA adopt the limited closed-list method. Article 96 of the FTA between Japan and Mexico applied the same above-mentioned method of limited form of definition regarding range of investments and concluded BITs between member countries of APEC applied a similar method as well. Instead of employing the previously used inclusive definition, the BITs concluded between countries of Latin America and the USA are equipped with limited characteristics of an investment. Furthermore, to correspond with this necessary condition the three following requirements are needed : 1) fixed investment funding; 2) expected profits resulting from such investments; 3) and the existence of fixed risk bearing.

목차

Ⅰ. 서론

Ⅱ. FTA 투자협정의 체결과 분쟁의 발생

Ⅲ. 국제투자분쟁의 해결절차

Ⅳ. 국제중재에서 기타 관할권 문제

Ⅴ. 결론

참고문헌

Abstract

키워드

투자의 정의 투자자의 정의 ICSID 중재 ICSID 중재의 관할권 Definition of Investment Definition of Investor ICSID Arbitration Jurisdiction of ICSID Arbitration