중국의 투자자-국가 간 분쟁 해결제도에 관한 연구

• 영문명: A Study on the Resolution Mechanism for Dispute between Investor and State in China
• 발행기관: 한국중재학회
• 저자명: 하현수(Hyun-Soo Ha)
• 간행물 정보: 『중재연구』 제23권 제4호, 29~53쪽, 전체 25쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

Chinese ISD has been changed a lot since the reformation policy in 1978 and it is expected that China will present a changed attitude toward its advantage as its industrialization continues to advance. This study generally examines the ISD in BIT and also considers not only the attitude of China with regard to ISD but also the changes on the Chinese side. Moreover, this study determines the areas on which the Chinese government focuses. In order to conduct this study, the author attempts to classify the attitudes on ISD into chronical change and treaty powers based on the analysis of BIT. In addition, the paper examines the main contents of ISD in BIT which previously involved an agreement such as arbitral institution, arbitral range, counter-measures of local country, standard for admitting the nationality of corporate investors, and recognition and enforcement of arbitral award. Based on analysis, this paper mentions matters that require attention and caution in the Korea-China FTA as regards investment negotiation, and also suggests instructions for investors who may face dispute with the Chinese government.

목차

Ⅰ. 서 론

Ⅱ. 중국의 투자협정 현황

Ⅲ. 중국 투자협정의 투자자-국가 간 분쟁해결제도

Ⅳ. 결론 및 시사점

키워드

ISD BIT Chinese Investment Treaty ICSID Convention Investment Disputes ICSID Arbitration