한-미 FTA 투자분쟁 중재제도 연구

• 영문명: Arbitral System for Settlement of Investment Disputes under the Korea-US FTA
• 발행기관: 한국국제상학회
• 저자명: 김상호(Sang-ho Kim)
• 간행물 정보: 『국제상학』國際商學 第24卷 第1號, 89~112쪽, 전체 24쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2009.03.30

영문 초록

On February 3, 2006, Trade Representatives of Korea and USA announced their intent to negotiate a free trade agreement(FTA). On April 2, 2007, Korea and the United States concluded this historic FTA but at this time, the KORUS FTA, as this FTA is known, is currently not in force. It will need to be cleared through both countries' legislatures prior to being fully implemented by both countries. The KORUS FTA is a comprehensive trade agreement that will eliminate tariffs and other barriers to trade and investments, and strengthen economic ties between two countries. However, the KORUS FTA has been one of the most contentious issues in Korean society because it is expected to have a tremendous impact on Korean economy. The purpose of this paper is to study the arbitral system on investment dispute under the KORUS FTA. The Chapter 11 of the KORUS FTA provides for the Investor-State Dispute Settlement. Under the relevant provisions, the claimant may submit to arbitration a claim against the respondent in the event that an investment dispute cannot be settled by consultation and negotiation. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore, it is a problem of vital importance that the parties in dispute under the KORUS FTA should understand and cope with the settlement mechanism of the investment disputes arising therefrom.

목차

Abstract

Ⅰ. 서 론

Ⅱ. 중재청구사유 및 청구유형

Ⅲ. 중재절차 적용 준거법 및 중재청구 요건

Ⅳ. 기존 협정과의 투자분쟁 중재제도 비교

Ⅴ. 결 론

참고문헌

키워드

The KORUS FTA arbitral system investment dispute Investor-State Dispute