국제투자협정에서 『이행요건』부과금지에 관한 비교연구

• 영문명: A Comparative Study on the Prohibition of Performance Requirements in International Investment Agreements
• 발행기관: 한국중재학회
• 저자명: 홍성규(Sung-Kyu Hong)
• 간행물 정보: 『중재연구』 제29권 제2호, 35~63쪽, 전체 29쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2019.05.30

영문 초록

Since imposing Performance Requirements (PRs) on investors have been conducted as a means to protect a host state’s domestic industry in the short run, with its effect on improving the international balance of payments, it has been implemented mostly in developing countries. From the viewpoint of investors, however, PRs hinder free competition and investment activities and have the effect of distorting international trade activities; therefore, they are expected to bring detrimental effects on the host state’s economic development in the long run. PRs provided by International Investment Agreements (IIAs) and WTO-TRIMs, too, included many abstract regulations which are grounded on the host state’s economic efficiency in the past; however, those PRs are gradually being more concretely specified, shifting to a form of prohibition with the goals of increasing the protection on investors and realizing investment liberalization. Accordingly, when Korea freshly concludes IIAs or revises them afterwards, one should focus more on following the points regarding PRs. First, to protect Korean companies’ investment activities, it is advantageous to list the contents of prohibited PRs extensively and concretely and create a stipulation. Second, it is necessary to list the contents of the PRs prohibited and add the phrases for prohibiting any other similar requirements explicitly, as well so as to cover the PRs that can appear newly. Third, as in the cases associated with PRs, issuable matters are mostly either the range of applying PRs or the conditions of applying them (relevance or detrimental effects); therefore, it is necessary to classify the cases accumulated by issues and analyze them thoroughly. In conclusion, as this study has analyzed the theoretical characteristics of PRs provided in IIAs and related cases and suggests exquisite theory regarding PRs, it not only lays fundamental grounds for follow-up research but also gives useful and practical guidelines for the parties concerned and the arbitrators according to the ISDS procedure.

목차

Ⅰ. 서론

Ⅱ. PRs금지조항의 이론적 분석

Ⅲ. 국제투자협정에서 PRs금지조항의 규범화

Ⅳ. PRs금지조항 관련사례 분석

Ⅴ. 결론

참고문헌

Abstract

키워드

국제투자협정 이행요건 외국인 투자자 현지부품조달의무 내국민대우. Performance Requirements(PRs) investor investment IIAs TRIMs ISDS.