새로운 과세체계의 도입과 국제투자분쟁의 발발 - 글로벌 최저한세의 투자보장협정상 의무 위반을 중심으로 -

Taxes, which form the basis of the operation of modern democratic states, are designed and introduced for various purposes. Examples include the US Inflation Reduction Act to support specific industries, and OECD member countries to prevent base erosion and profit shifting. And taxes and following measures designed and introduced in this way often cause several international disputes. In particular, when tax-related measures become the subject of disputes between investor states under international investment agreements, an issue under the international investment law is whether there is a violation of the obligations related to fair and equitable treatment and expropriation. In this regard, existing precedents have taken the stance of recognizing the state’s right to tax in principle, stating that fair and equitable treatment is mainly about protecting investors’ legitimate expectations and maintaining legal stability. Regarding expropriation, tax-related measures are recognized as legitimate measures as long as they do not actually deprive investors of their assets. Even if this general principle is recognized, the global minimum tax recently introduced by many countries around the world, including Korea, may conflict with the obligations under international investment agreements in that it is a fundamental change in the international tax system. Therefore, in order to prevent future international investment disputes, it is necessary to introduce an article specifying the exclusion of some tax-related measures under the international investment agreement or exceptions for tax measures introduced by international agreements including BEPS.