<한국 FTA> Comparative study on the Korean FTAs focusing on the investment issues

소개

한미 FTA의 투자자 - 국가 간 분쟁해결절차에 관한 법적 이슈와 내용을 영어로 정리한 레포트입니다.

목차

1. Introduction
- Bringing up a problem

2. Main Point
1) WTO’s Dispute Settlement Body (DSB)
2) The investment rules in Korean FTAs
3) KORUS FTA

3. Conclusion
- What we have to do?

4. Reference

본문내용

On March 15, 2012, Korea-USA Free Trade Agreement (KORUS) came into effect officially, after long and intensive negotiation, argument and compromise between two countries. In contrast with other FTAs which have been ratified with other countries, KORUS FTA made the most sensitive and sharp forum of debates about its ratification. Political communities and public opinion have discussed national interest or expected damage which can be acquired by KORUS FTA. We are already well-known through various materials and many announcements by the mass media, government and academia that KORUS FTA will bring big benefit and various profit to Korea because Korea largely depends on exportation whey it handles its economies. But some criticize that several provisions of KORUS FTA can invade sovereignty of Korea.

<중 략>

To date, the United States has prevailed in all investor-State cases brought against it. The potential scope of KORUS FTA dispute settlement is limited by the scope of the KORUS FTA obligations that would be taken on by the Parties, and it is thus important to consider the nature and scope of these obligations in considering the potential ramifications of the dispute settlement articles. Exceptions to KORUS FTA obligations are also an element in assessing the scope of the commitments undertaken by each Party.

참고자료

· Wonmok Choi, “Right Understanding of investor-state direct dispute settlement system(ISD) in KORUS FTA” Korea Economic Research Institute, 2013
· Sungho Bae, ” A Study on Preparation for ISD under the KORUS FTA - Lessons Learned from NAFTA ISD”, International Commerce and Information Review Volume 14, Number 2, June, 2012
· Bongchul Kim, "Lectures on RTAs and FTAs", Korean studies Information Service System, 2009
· Bongchul Kim, Trade Remedy Regulations in RTAs, Lambert Academic Publishing, 2011
· Jeanne J. Grimmett(Legislative Attorney), Dispute Settlement in the U.S.-South Korea
· Free Trade Agreement (KORUS FTA) 7-5700 R41779, Congressional Research Service, March 21, 2012
· The International Bank for Reconstruction and Development /the World Bank, “Legal Aspects of International Trade”, Legal vice Presidency of the World Bank, 2000
· Id. at 42. See also Kenneth J. Vandevelde, A Brief History of International Investment Agreements, 12 U.C. DAVIS J.INT’L L. & POL’Y, 2005.
· K. Scott Gudgeon, Arbitration Provisions of U.S. Bilateral Investment Agreements, in Seymour J. Rubin & Richard E.Nelson, INTERNATIONAL INVESTMENT DISPUTES: AVOIDANCE AND SETTLEMENT (1985).
· Karel De Gucht,”The EU-Korea Free Trade Agreement in practice” Luxembourg: Publications Office of the European Union, 2011
· Korea-United States of America Free Trade Agreement, 2012
· Marcos Orellana. Sofia Plagakis. Daniel Magraw,“INVESTMENT PROVISIONS IN THE KOREA FTA: A RADICAL SHIFT OF POWER TO FOREIGN INVESTORS”, CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW, 2012
· Axel Berger, “Investment Rules in Chinese Preferential Trade and Investment Agreements: Is China following the global trend towards comprehensive agreements?” Deutsches Institut für Entwicklungspolitik, 2103
· William H. Cooper, Mark E. Manyin, Remy Jurenas, Michaela D. Platzer, “The U.S.-South Korea Free Trade Agreement (KORUS FTA): Provisions and Implications” Congressional Research Service 7-5700 RL34330, March 7, 2013
· Lee, Junyu and Hongshik Lee. Feasibility and Economic Effects of a Korea-U.S. FTA. Korean Institute for International Economic Policy. December 2005.
· Kiyota, Kozo and Robert M. Stern. Economic Effects of a Korea-U.S. Free Trade Agreement. Korea Economic Institute, Special Studies 4. 2007.