국제투자법 (International Investment Law) 내용 정리본 (1)

소개

"국제투자법 (International Investment Law) 내용 정리본 (1)"에 대한 내용입니다.

목차

없음

본문내용

1. Intro to IIL
- Historically it’s been around for a long time, but modern IIL regime is quite
recent. It’s made up of the BITs btwn two countries – home state and host state.
- So, there is an intercross of diff sources. As these Investment treaties continue to grow and importance of II rises – due to nature of foreign investment nternational disputes also happens.
- Arbitration is one of dispute resolution btwn parties
- Most IIAs have clause written in there that there is a cooling-off period btwn investor and state. Requirement for the investor and the state to talk, negotiate each other from 6 to 18 months. During that period, they might find some solution.
- It’s constantly changing area of law – IIL will get even more dynamic as lot more cases added to it.
- IIL results are not consistent and predictable because it depends on treaty that involved in dispute
case) AU plain packaging regulation
PM (Hong Kong Subsidiary) vs AU
- Law truly meant to protect public health could become big IIL issue.
배경: PP에 대해서 AU 국내법원 패소, stakeholders of host state (PM)는 호주 정부가 홍콩-호주 BIT 위반 주장.
Issue: it it breach of treaty obligation?
- PM: Passing public health directives PP law prevented the packaging and design of cigarettes. It resulted reducing profits - not keeping investors' rights.
- AU: It’s state’s obligation to protect public health and especially of their youth.
We passes laws to protect AU public health.

참고자료

· 없음