한중간 체결된 주요 투자협정들의 상관관계에 대한 국제법적 고찰: 한중 BITㆍ한중일 TITㆍ한중 FTA 투자챕터의 비교 및 양립가능성을 중심으로

Korea and China have so far entered into mainly three investment treaties: the Korea-China bilateral investment treaty (BIT), the Korea-China-Japan trilateral investment treaty (TIT), and the investment chapter of the Korea-China free trade agreement (FTA). The relationship among these three treaties is somewhat complex, because they coexist without hierarchy or any order to apply. In other words, neither one substitutes for or overrides the other, even though they are all relating to the same subject matter – investment between Korea and China. The purpose of this paper is to analyze the relationship among those three investment treaties that have become effective between Korea and China, focusing on the investment chapter of Korea-China FTA. The paper first gives an overview of each treaty and conducts a comparative analysis of selected provisions in the three investment treaties. Then the paper exams the issue of relationship among the three investment treaties, in accordance with each treaty’s clause on relation to other agreements and rules under the Vienna Convention on the Law of Treaties. Lastly the paper discusses the compatibility of the three investment treaties and makes recommendations.