한미 FTA와 투자자-국가 간 소송제도(ISD)에 대한 고찰 = A Study on the Korea-US FTA and the Investor-State Dispute(ISD)

다국어 초록 (Multilingual Abstract)

This study examines the Investor-State Dispute(ISD) included in the Investment Agreement to provide effective remedies for foreign investment. ISD is a system whereby investors can raise international arbitration directly against the state. This study focuses on the ISD regulated by the Korea - US FTA and examines two issues related to the ISD lawsuit filed recently by the Eliot against the merger with Samsung C & T and Cheil Industries. The first is whether the action is attributed to the investment host country. Even if a loss occurs to an investor, no state responsibility will arise unless the act is attributed to the state. The second is whether there is a violation of the international duty of conduct. Whether the Korean government violated the National Treatment provisions in the KOREA-US FTA is discussed.