지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Bilateral Investment Treaties (hereinafter referred as to 'BITs') have been legally useful instruments being concluded between Home States and Host States in order to protect foreign investment in the Host States. A large number of BITs including similar provisions stipulating the concept and scope of investment, standards of compensation for expropriation, retroactive protection for investment, etc, have been concluded to regulate the legal matters arising from foreign investment.
Accordingly, it is an important matter whether these BITs provisions are established as general international rules generally applicable to foreign investment because legal problems relating to foreign investment mostly have been regulated by individual BIT concluded between Home State and Host State. If it is recognized that BITs provisions in question are established as international customary law or they reflects the customary rules of general application, they can contribute to the protection of foreign investors as well as development of international law in the field of foreign investment.
Recent spread of BITs conclusion all over the world has naturally come into the formation BITs network. In particular, through these formation and spread of BITs which have been the basis of relevant custom and opinio juris, international customary rules regarding the concept and scope of investment, standards of compensation for expropriation and retroactive protection for investment are in the process of formation. Therefore, in conclusion, it should be noted that not only the new international customary rules concerning foreign investment can be established through individual BITs provision but also BITs network will contribute to development of international rules in the field of foreign investment.
Accordingly, it is an important matter whether these BITs provisions are established as general international rules generally applicable to foreign investment because legal problems relating to foreign investment mostly have been regulated by individual BIT concluded between Home State and Host State. If it is recognized that BITs provisions in question are established as international customary law or they reflects the customary rules of general application, they can contribute to the protection of foreign investors as well as development of international law in the field of foreign investment.
Recent spread of BITs conclusion all over the world has naturally come into the formation BITs network. In particular, through these formation and spread of BITs which have been the basis of relevant custom and opinio juris, international customary rules regarding the concept and scope of investment, standards of compensation for expropriation and retroactive protection for investment are in the process of formation. Therefore, in conclusion, it should be noted that not only the new international customary rules concerning foreign investment can be established through individual BITs provision but also BITs network will contribute to development of international rules in the field of foreign investment.
목차
Ⅰ. 서론
Ⅱ. 양자투자조약(BITs)을 통한 국제관습법 형성에 관한 견해의 대립
Ⅲ. 양자투자조약(BITs)과 국가관행
Ⅳ. 양자투자조약(BITs)과 법적 확신
Ⅴ. 결론
[ABSTRACT]
참고문헌 (0)
참고문헌 신청함께 읽어보면 좋을 논문
논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!
-
역사적 관점에서 본 국제투자법
법학논총
2008 .08
-
Foreign Investment Laws of Korea
한국법학원보
1973 .10
-
Foreign Investment Laws of Korea
한국법학원보
1973 .08
-
Foreign Investment Laws of Korea
한국법학원보
1973 .07
-
Foreign Investment Laws of Korea
한국법학원보
1973 .09
-
Foreign Investment Laws of Korea
한국법학원보
1973 .11
-
Foreign Investment Laws of Korea
한국법학원보
1973 .12
-
미중관계와 아시아 투자 거버넌스의 동학
한국정치학회보
2012 .09
-
Foreign Investment by Korean Firms and Investment Theories
연세경영연구
1992 .06
-
외국인직접투자 유치 방안에 관한 연구
관세학회지
2004 .08
-
NATIONAL INTEREST AND DIRECT INVESTMENT : A Proposal for Foreign Investment Law
저스티스
1973 .12
-
BIT와 FTA 투자챕터의 비교 및 시사점 : 한국의 양자투자규범 협상을 위한 정책적 분석
통상법률
2015 .04
-
한․중 투자보장협정의 투자자와 정부간 분쟁해결 제도
통상법률
2009 .06
-
Trends in international investment flows : Foreign direct investment in Mongolia
Journal of International Logistics and Trade
2006 .12
-
한국의 외국인투자 정책에 관한 고찰
중국법연구
2018 .01
-
韩国外商投资政策考察
중국법연구
2018 .01
-
외국인직접투자 현황과 국내경제에 미치는 영향
관세학회지
2003 .08
-
양자간 투자협정에 의한 투자보호와 공익상의 예외조치
통상법률
2010 .06
-
Enterprises Heterogeneity, Bilateral Investment Treaty (BIT) and the Determinants of Chinese Firms’ Outward Foreign Direct Investment (OFDI)
무역연구
2019 .01
-
연구개발투자 및 설비투자가 기업성과에 미치는 영향
국제회계연구
2007 .02
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2010-361-002576428