아시아 인프라 투자은행(AIIB) 경영시 차관공제협정에 따른 분쟁해결절차의 법적 쟁점과 개선과제

WB and ADB must truly awareness of AIIB existence as existing international finance order. The United Kingdom take the lead in AIIB international order, many kind of EU countries submits an entry blank, AIIB their international influence quickly spreads in the world. But AIIB carry a purpose that add experience of the inter bank and private corporate, and revealed complementary character of the multilateral development bank. AIIB expects to play many role as a founding member of the traditional World Bank and multilateral development bank etc. Furthermore AIIB will cause a new challenge. The most important thing is try to seek harmony cash loan law institution in the building AIIB process. In other words, there must be needed to decrease the conflict of the mutual different law fields. AIIB doesn’t need to reject traditional international finance order. But this legal theory does not stand for World Bank and ADB. For example, if world bank cash loan exists some legal problem, we must improve and come up with a legal institution in the AIIB. If financial supporting from the multilateral development can’t satisfied with loan applicant asking, then redeem public fund by loan article will restrict cash loan applicant their applying loan from the third party. If AIIB cash loan agreement put it an additional article, their status will overpass such that multilateral development bank etc, inject more lot of private fund into ADB. Of course, AIIB must will makes an effort to establish loan article, More lot of making an exceptive clause, more lot of introduction of a third party fund will do well. Something to notice to hear is that when AIIB join invest with World Bank, ADB, and injects public fund to the infrastructure facilities, AIIB must more negotiate with World Bank or ADB. And AIIB have to ask let a party to an agreement modify law, then every party to an agreement their fund need will be satisfied.