국제투자계약에 따른 위험대처 방안에 관한 연구 -Umbrella Clause와 MIGA를 중심으로

• 영문명: A Study on the Measures against Risks in International Investment Agreement- Focusing on the Umbrella Clause and MIGA -
• 발행기관: 한국중재학회
• 저자명: 오원석 김용일
• 간행물 정보: 『중재연구』 제18권 제2호, 149~171쪽, 전체 23쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 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.

목차

Ⅰ. 서론

Ⅱ. Umbrella Clause의 활용

Ⅲ. MIGA의 활용

Ⅳ. 결론

참고문헌

Abstract

키워드

국제투자분쟁 비상업적 위험 포괄적 보호조항 국제투자보증기구 International Investment Agreement Umbrella Clause and MIGA Non-Commercial Risks