국제투자협정상 무력충돌 시 해외투자보호 관련 규정(조문): 문제점과 해결방안

Various Foreign Investments Protection Clauses in armed conflict under International Investment Treaties: Problems and Solutions International Investment Agreement has various devices to impose upon host countries to protect foreign investments in case of armed conflicts or other national emergencies. However, there is uncertainty and ambiguity in its definitions and the scope of these devices, which confuses investors and tribunals. This article contributes to the literature by introducing various types of such devices and examines an ambiguous nature of such devices in their scope and definitions. To respond such ambiguity, the article suggests utilizing a non-conforming measures list and an Annex. The parties could carve out their domestic law in both a non-conforming measures list and an Annex to specify in what circumstances they could exercise their domestic measures to protect essential security interests or public order. This will clarify the boundary of regulatory power over an armed conflict situation. Now, the transparency and predictability of the intervening measures are increased because foreign investors could now find out in what circumstances their investments may be interrupted.