국제투자협정상 공정하고 공평한 대우에 관한 연구

• 영문명: A Study on Fair and Equitable Treatment in International Investment Agreements
• 발행기관: 한국중재학회
• 저자명: 김용일 홍성규
• 간행물 정보: 『중재연구』 제22권 제3호, 187~213쪽, 전체 27쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2012.12.30

영문 초록

The purpose of this article is to examine Fair and Equitable Treatment in International Investment Agreements. Most BITs and other investment treaties provide for FET of foreign investments. Today, this concept is the most frequently invoked standard in investment disputes. It is also the standard with the highest practical relevance: a majority of successful claims pursued in international arbitration are based on a violation of the FET standard. The concept of FET is not new but has appeared in international documents for some time. Some of these documents were nonbinding others entered into force as multilateral or bilateral treaties. Considerable debate has surrounded the question of whether the FET standard merely reflects the internationalminimum standard, as contained in customary international law, or offers an autonomous standard that is additional to general international law. As a matter of textual interpretation, it seems implausible that a treaty would refer to a well-known concept like the minimum standard of treatment in customary international law by using the expression fair and equitable treatment. Broad definitions or descriptions are not the only way to gauge the meaning of an elusive concept such as FET. Another method is to identify typical factual situations to which this principle has been applied. An examination of the practice of tribunals demonstrates that several principles can be identified that are embraced by the standard of fair and equitable treatment. Some of the cases discussed clearly speak to the central roles of transparency, stability, and the investor s legitimate expectations in the current understanding of the FET standard. Other contexts in which the standard has been applied concern compliance with contractual obligations, procedural propriety and due process, action in good faith, and freedom from coercion and harassment. In short, meeting the investor s central legitimate concern of legal consistency, stability, and predictability remains a major, but not the only, ingredient of an investment-friendly climate in which the host state in turn can reasonably expect to attract foreign investment.

목차

Ⅰ. 서론

Ⅱ. FET의 의의 및 성격

Ⅲ. 주요 투자자 보호원칙

Ⅳ. FET의 적용기준

Ⅳ. 결론

참고문헌

Abstract

키워드

국제투자협정 공정하고 공평한 대우(FET) 국제관습법 양자간투자협정 International Investment Agreement Fair and Equitable Treatment Customary International Law BIT