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학술논문중재연구2012.08 발행KCI 피인용 9

중국과 대만 간 투자분쟁해결제도에 관한 연구

A Study on the Resolution Mechanism of Investment Disputes between China and Taiwan

하현수(전북대학교)

22권 2호, 31~52쪽

초록

Although there exist the political uncertainty between China and Taiwan, they are expanding economic exchange since 1980s. The economic exchange is not limited to trade area and it keeps expanding to investment area continuously. In case of investment, it was a one-side investment of Taiwan in the past, but according to the policy of Taiwan government in 2009, Chinese capital is able to flow into Taiwan for direct investment. These kinds of policy changes related to investment between two countries require follow-up actions such as profit protection for investors, getting rid of investment limitation, simplification of investment procedure, and establishing of investment dispute resolution system. The main topic of this study is to discuss the resolution mechanism of investment disputes between China and Taiwan, in present the individual investment dispute between two countries is settled based on each country's own regulation for dispute resolution. However, these two countries didn't prepare regulation for dispute resolution related to the cases of the investment dispute between Chinese/Taiwanese investors and Chinese/Taiwanese government, and also between Chinese government and Taiwanese government. Moreover, they didn't agree anything related to investment disputes. Therefore, in this paper, I enumerate the regulations related to investment dispute resolution between China and Taiwan, and then I would like to point out the problems and suggest solutions for improvement. Also, through this study, I would like to contribute to establishing and implementing of investment dispute resolution mechanism between South Korea and North Korea.

Abstract

Although there exist the political uncertainty between China and Taiwan, they are expanding economic exchange since 1980s. The economic exchange is not limited to trade area and it keeps expanding to investment area continuously. In case of investment, it was a one-side investment of Taiwan in the past, but according to the policy of Taiwan government in 2009, Chinese capital is able to flow into Taiwan for direct investment. These kinds of policy changes related to investment between two countries require follow-up actions such as profit protection for investors, getting rid of investment limitation, simplification of investment procedure, and establishing of investment dispute resolution system. The main topic of this study is to discuss the resolution mechanism of investment disputes between China and Taiwan, in present the individual investment dispute between two countries is settled based on each country's own regulation for dispute resolution. However, these two countries didn't prepare regulation for dispute resolution related to the cases of the investment dispute between Chinese/Taiwanese investors and Chinese/Taiwanese government, and also between Chinese government and Taiwanese government. Moreover, they didn't agree anything related to investment disputes. Therefore, in this paper, I enumerate the regulations related to investment dispute resolution between China and Taiwan, and then I would like to point out the problems and suggest solutions for improvement. Also, through this study, I would like to contribute to establishing and implementing of investment dispute resolution mechanism between South Korea and North Korea.

발행기관:
한국중재학회
DOI:
http://dx.doi.org/10.16998/jas.2012.22.2.31
분류:
무역학

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중국과 대만 간 투자분쟁해결제도에 관한 연구 | 중재연구 2012 | AskLaw | 애스크로 AI