• Title/Summary/Keyword: 국제투자분쟁

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수돗물의 절약과 수요관리에 대한 고찰

  • 이현동
    • Water for future
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    • v.33 no.5
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    • pp.61-69
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    • 2000
  • 물은 인간생활에 가장 필수적인 재화이며, 모든 산업의 기본이다. 더욱이 다른 재화와는 달리 대체재가 없다는 것에 그 심각성이 있다. 인구의 폭발적인 증가와 급격한 산업화로 지구촌의 물 부족 현상은 이미 어제 오늘의 일이 아니다. 최근 일부지역에서는 물전쟁 시나리오까지 등장하고 있다. 최근 40년간 세계의 물 소비량은 3배나 증가하였으며, 국가간 물 분쟁도 증가 추세를 보이고 있다. 우리 나라의 경우도 연평균강수량(1.27mm)이 세계평균(973mm)의 1.3배에 이르고는 있지만, 높은 인구 밀도 때문에 1인당 연간 평균강수량은 세계평균의 12.5%에 불과한 실정이다. 또한, 실질적으로 사용 가능한 자원량을 생각하면 문제는 더욱 심각하다. UN의 국제인구행동연구소(PAI:Population Action International)의 발표에 따르면, 우리 나라의 활용 가능한 자원량은 661억$m^3$으로 이를 국민 한사람당으로 환산해 보면 1.472$m^3$으로 물 부족 국가군에 해당한다. 현재 건설교통부의 수자원장기종합계획에 의하면, 우리 나라는 2006년부터 연간 4억$m^3$, 2011년부터 연간 20억$m^3$의 물이 부족할 것으로 전망하고 있다. 우리 나라 수자원 특성상 물을 확보하는데는 댐 건설 등 수자원시설이 적기에 건설되어야 하지만, 공기가 길고(10년 이상 소요), 엄청난 투자비(약 24조원), 수몰지 발생, 환경변화 등 많은 문제점들이 도출되고 있다. 그러나 미래의 물 부족에 대응하기 위해서 댐 건설(상수원전용 댐)은 불가피한 대안 중의 하나이다. 또 다른 대안으로는 교육이나 홍보를 통하여 수돗물 사용자로 하여금 자발적으로 물 사용량을 줄이도록 권고하는 방법이 있다. 또한 수도요금체계를 현실화시키거나 법규를 통하여 절수를 의무화하는 등의 방법을 통하여 물 수요를 관리하여 댐 건설이나 상수도시설 확장 등 많은 예산이 소요되는 공사를 실시하지 않고서도 급수관리와 비슷한 효과를 가질 수도 있다. 따라서 물 절약 등 수요관리를 통하여 용수수요를 줄여 나가는 방안 마련이 시급하다. 그리고 물은 한정된 자원이자 우리의 생명수이다. 이제는 수요가 증가한다고 해서 무턱대고 공급을 늘이기 위한 정책 방향으로만 갈 수는 없는 실정이다 보니 물 수요관리를 더 한층 중요하게 다루어야 할 적기가 바로 오늘이 시점부터라고 할 수 있다.

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A Study on Preparation for ISD under the KORUS FTA -Lessons Learned from NAFTA ISD Cases- (NAFTA의 ISD 분쟁사례를 통한 한미 FTA의 ISD 시사점 및 대응방안)

  • Bae, Sung-Ho
    • International Commerce and Information Review
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    • v.14 no.2
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    • pp.369-387
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    • 2012
  • Throughout intensive negotiations on the KORUS FTA and even after its ratification on March 15, 2012, ISD (Investor-State Dispute Settlement) has been at the center of many controversies within the FTA. Although the original function of the ISD is intended to be a protectional measure for foreign investors, there have been many foreign investors who tried to use the ISD as a tool to attack a government and nullify the public policy demanding tremendous amount of compensation. Many of the NAFTA ISD cases including Ehtyl v. Canada and UPS v. Canada demonstrate such a behavior by foreign investors. It is the right time for Korean government to conduct in depth studies on NAFTA ISD cases because the precedents provide invaluable insights including the legal reasoning by the decision making authorities including ICSID and UNCITRAL. The lessons we would learn from those cases would prepare Korean government for expected ISD claims by foreign investors and enable the government to maximize its efficiency in policy making process under a new international trade environment, the KORUS FTA.

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Introduction of Human Rights Arguments in ISDS Proceeding (ISDS 절차에서의 인권의 권리 주장)

  • Shin, Seungnam
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.85-114
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    • 2022
  • When human rights disputes are related to the cross-border investments treaties, the investment arbitral tribunals are confronted with the question of how to adjudicate connected human rights violations. The traditional structure restricts arbitration proceedings to the parties named within an investment treaty, i.e., Investor-Claimant and State-Respondent. If human rights issues occur, States must act as proxies for citizens with human rights claims. This effectively excludes individuals or groups with human rights concerns and contradicts the premise of international human rights law that seeks to empower human rights-holders to pursue claims directly and on an international stage. The methods for intorducing human rights issues in the context of investment arbitration proceedings are suggested as follows: First, human rights arguments can be introduced into ISDS by the usual initiator of investment disputes: the investor as the complainant. Especially, if the jurisdictional and applicable law clauses of the respective international investment agreements are sufficiently broad to include human rights violations, adjudicating a pure human rights claim could be possible. Second, the host state may rely on human rights argumentation as a respondent of an investor claim. Human rights have played a role as a justification for state measures undertaken to comply with human rights laws. Third, third party interventions by NGOs and civil society groups as amici curiae may act as advocates for affected populations or communities in response to the reluctance of governments to introduce their own human rights duties into the investment dispute. Finally, arbitrators have also referred to human rights ex officio, i.e., without having a dispute party referring to the specific argument. This was mainly the case in the context of determining the scope of property rights and the existence of an expropriation. As all U.N. member states have human rights obligations, international investment laws must be presumed to be in conformity with the relevant human rights obligations.

Medvedev Administration's New Foreign Policy Line (메드베데프 정부의 새로운 대외정책노선 : 정책기조, 변화의 원인, 수행과정 분석을 중심으로)

  • Jeh, Sung-Hoon
    • Journal of International Area Studies (JIAS)
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    • v.15 no.1
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    • pp.31-60
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    • 2011
  • Medvedev administration has adopted new foreign policy line because of Obama administration's 'Reset' policy and Global economic crisis. The objectives of Medvedev's new foreign policy are the creation of a favorable external environment and the efficient use of external resources for Russia's economic modernization. To achieve these goals, Medvedev's government fleshed out such specific action plans as the avoidance of conflicts with other powers, the prevention of conflicts around Russia's borders, the activation of capital investment, and the introduction of advanced technology from the outside. This foreign policy line takes shape in the building of a foundation for strategic cooperation with the United States, the preparation for 'Modernization Alliance' with Europe, the management of cooperation and conflict with China and Japan, and the introduction of a dual strategy of strategic stability and economic integration in relations with post-soviet states. In Russia's new foreign policy line the strengthening of relations with the United States and Europe acquires highest priority. However, this does not mean a return to a 'pro-Western liberal line' in the early 1990s. The ultimate goal of Russia's 'modernization' program still lies in the rebuilding of a powerful Russia in accordance with the multipolar world order that was Putin administration's foreign policy line. In this context, foreign policy change under Medvedev administration could be defined as a 'program change at international level' that signifies a change in the means to achieve goals without changing them.

Prospects for North Korea's External Opening Policy and North-South Korean Economic Relations (북한(北韓)의 개방전망(開放展望)과 남북한(南北韓) 경제협력(經濟協力))

  • Yeon, Ha-cheong;Kim, Hyong-won
    • KDI Journal of Economic Policy
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    • v.13 no.4
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    • pp.155-177
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    • 1991
  • The promotion of economic exchange and cooperation between North and South Korea is significant in two ways. First, the pursuit of economic interest can lead gradually to the unification of the national economies. Second, economic relations can serve as the first stride toward political reunification. There are, however, many difficulties in conceiving a strategy for economic cooperation between North and South Korea because of their differences in ideology and socio-economic system. Under these circumstances, a bid by either the North or the South to consider its specific ideology or socio-economic system absolute and to impose them on the other side would inevitably lead to confrontation and collision and deepen the division of the country. Therefore, steps to expand and develop economic and technological cooperation and comprehensive exchanges between the North and the South, with due regard to the development of bilateral relations, are in full accord with the interests of the both sides. It is clear that North Korea's changing attitude toward its environmental conditions is neither a policy of opening nor an ideological shift toward pragmatism, as has occurred in the Eastern European countries. Instead, it is a temporary tactic for breaking out of the economic stagnation caused by its rigid economic structure. In this light, we must.

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The Influence of the Restrictions in Chinese economic growth on Korean commercial environment (중국 경제성장의 제약요인이 한국 통상환경에 미치는 영향)

  • Shong, Il-Ho;Lee, Gye-Young
    • International Commerce and Information Review
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    • v.15 no.4
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    • pp.457-479
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    • 2013
  • Through a Chinese rise, Chinese dream is actualizing as the world's great power. According to outlook of World Bank and IMF, Around 2030 China will be a great power bigger than America's economic power. The rise of China will give a huge impact to the whole world. China expands her influence through a global manufacturing base and a global market. To actualize 'Peaceful Rise' Strategy, China has many constraints. Chinese society is facing many difficult social problem due to side effects of a rapid development. Such as the spread of corruption, the severity of wealth gap, environmental degradation and energy shortage. Internationally there are containment from hegemon so-called 'China threat' dispute, Taiwan issue and territorial disputes. Western countries are hostile to China for two reasons. Based on expectations, one is China's socialist system and the other is the rising China which will compete for supremacy with Europe and America. Recent emergence of Chinese nationalism and the containment of the neighboring countries are also serious limiting factors. Domestically they have the rampant corruption in the bureaucracy, weakened capacity of Communist rule, wealth disparity due to the discriminatory economic development strategy, seriousness of rural problem, social instability, lack of social security systems and the development gap between the eastern coastal areas and western inland areas, ethnic minorities problems, the constraint of sustainable development issues due to lack of resources, environmental pollution and energy constraints. Like the former Soviet Union, China may face a dismantlement. After the rise, China may encounter possibilities of a war between great powers or a collapse of Chinese society caused by deepening internal conflict. Serious economic polarization would make peasants and urban workers, who are social vulnerable people, to turn their back to communist party and threaten the justification and the appropriateness of the ruling communist party. Chinese government will think internal system security threat is more formidable risk factor than a system security threat from the hegemon. The decline of great country comes from internal reasons rather than external reasons. To achieve peaceful rise, unification with Taiwan is an essential prerequisite. Taiwan issues are complex problems which equipped with international and domestic factors. Lack of energy resources, environmental pollution in China will bring economic crisis to Korean enterprises. Important influence to Korean economy will be a changeover of the method in economic development. It will turn the balance of investment and consumption, GDP-centered growth to consumption and environment-centered growth. Services industries including finance, environment, culture, education, health care and social welfare will grow. Change in China's growth model will give a great challenge upon the intermediate goods industry in Korea. Korea should reduce the portion of machinery, automotive, semiconductor, steel and chemical-centered export industry to China, and should increase the proportion of the service industry.

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Vietnam in 2016: The Situations and Prospects of Politics, Economy, and International Relations (베트남 2016: 정치, 경제, 대외관계의 현황과 전망)

  • LEE, Han Woo;CHAE, Su Hong
    • The Southeast Asian review
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    • v.27 no.1
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    • pp.163-191
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    • 2017
  • This article aims to review the recent, especially focusing on the year of 2016, situations and prospects of the Vietnamese politics, economy, and international relations. Politically, Vietnam completed the election of members for the National Assembly and organized new leadership at the 12th National Congress of the Vietnamese Communist Party in 2016. One characteristic of the new leadership is that the politicians, especially the members of politburo, from the North continue to occupy the position of majority. The other one is that the new leadership promised to carry out the restructuring of economy toward industries producing higher value-added commodities even though Vietnam industries admittedly need to accelerate present industrialization and modernization as a developing country under the seemingly contradictory slogan of "the development of market economy for socialism." The declared goals of the new leadership in Vietnam are inevitable in a sense since the development of Vietnamese economy has been heavily dependent upon Foreign Direct Investment(FDI) taking advantage of Vietnamese cheap labor and simultaneously it is evident that its future is unsecure if it maintains status quo. In fact, the Vietnamese economy has impressively showed high growth rate by the help of foreign capitals since 1990s despite the repetitive recessions of global economy but its growth is not likely to be sustainable anymore if it will not reduce foreign dependency and social economic inequality in a long term. In a short run, global economic recession, the financial and monetary policies of global powers, and recent protectionism and uncertainty of trade agreements will be three crucial variables to affect Vietnamese economy. In terms of international relations, Vietnam is continuously expected to practise the policy of checks and balances among the powerful countries. Vietnam has seriously disputed with China on islands sovereignty in the South China Sea and attempted to maintain close relationship with other powerful countries including especially America. However, mainly due to the new protectionism by the regime of American president Donald Trump, the Vietnamese government also need to keep close relationship with China increasingly for both economic and diplomatic security. Under the circumstances, Vietnam is expected to maintain more practical and balanced international relations.