Studies on Recent Investment Dispute Cases
Kwanho Kim Sungmi Lee

In the world economy today there exist many international arrangements concerning FDI. The arrangements set forth the rights and obligations for the actiors in the area of FDI, such as multinational corporations, host country government, and home country government. For example, host governments should treat foreign investors on a non-discriminatory basis and should protect their property. Corporations are obliged to accept the laws of the host government and are also obliged to avoid restrictive business practices. The home government has an obligation to recognize host government's right to regulate the activities of corporations. Such a complex network of rights and obligations produce occasional disputes between actors.

This report studies recent investment dispute cases which have some implications for Korea.Chapter 2 looks at investor dispute cases under NAFTA. The NAFTA Investment Chapter provides investors with strong ivnestment protection and an arbitration mechanism to resolve disputes between an investor and the state. While NAFTA is a trilateral agreement, similar disputes could occur under a BIT with the U.S., which is being negotiated, or under a multilateral investment agreement, which is expected to emerge in the near future.

Chapter 3 looks at some labor-management dispute cases in foreign invested enterprises. Due to their complex nature as multinationals, labor disputes are sometimes not settled at the local level, but develop into diplomatic disputes between the host and home governments. The OECD Guidelines on Multinational Enterprises and their procedural mechanism are potentially effective in settling such disputes.

Chapter 4 reviews the development of the U.S.-EU dispute over the Helms-Burton law, focusing on the context of MAI negotiation at the OECD. The dispute was settled by the two sides reaching an Understanding in May. An important meaning of the Understanding was lost by the de facto failure of the MAI negotiation. But the disciplines on illegal expropriation which were developed by the two sides, will have impact on future rule-making on this issue at the multilateral level.

Chapter 5 looks at state to state dispute case which the U.S. charged that the EU`s restrictions on banana imports were unfair. The WTO Panal founded that the EU did not fulfill its WTO obligations under the national treatment principle of GATs. However, the U.S. is in the process of preparing retaliation as the EU`s proposed import regime remains inconsistent with the WTO ruling on the banana.The case marks the time that a WTO dispute settlement panel has ruled on the GATs ; its findings will likely guide interpretation of similar cases in the future.

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제 2 장 NAFTA의 投資紛爭事例와 示唆點
Ⅰ 序論
Ⅱ NAFTA 投資協定의 意義
Ⅲ NAFTA 投資協定의 主要 內容
Ⅳ NAFTA의 投資者 對 政府間 분쟁사례
Ⅴ NAFTA 投資紛爭事例의 性格
Ⅵ 結論 및 示唆點

제 3 장 外國人投資企業의 勞使分爭과 OECD 가이드라인의 活用方案
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Ⅱ 多國籍企業의 勞使關係
Ⅲ OECD의 多國籍企業에 관한 가이드라인
Ⅳ 다국적기업의 勞使分爭과 OECD 가이드라인의 適用事例
Ⅴ 國內 외국인투자기업의 勞使分爭 事例
Ⅵ 結論 및 示唆點: OECD 가이드라인의 效果的인 活用方案

제 4 장 헬름즈-버튼法에 관한 美-EU간 紛爭事例
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Ⅲ 헬름즈-버튼法 紛爭과 MAI의 관계
Ⅳ 헬름즈-버튼法 紛爭의 解決
Ⅴ 헬름즈-버튼法 紛爭妥結의 意味

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Ⅱ EC 바나나制度의 主要 內容
Ⅲ EC 바나나制度의 GATS 違背 與否
Ⅳ 結論 및 示唆點

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Executive Summary