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	<title>건강과 대안 &#187; 국제투자협정</title>
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		<title>[한미FTA] ISD 민관 TF &#8220;한·미 FTA의 ISD 개정 불필요&#8221;</title>
		<link>http://www.chsc.or.kr/?post_type=reference&#038;p=5761</link>
		<comments>http://www.chsc.or.kr/?post_type=reference&#038;p=5761#comments</comments>
		<pubDate>Tue, 27 Aug 2013 10:20:42 +0000</pubDate>
		<dc:creator>건강과대안</dc:creator>
				<category><![CDATA[ISD]]></category>
		<category><![CDATA[국제투자협정]]></category>
		<category><![CDATA[민관 전문가 태스크포스]]></category>
		<category><![CDATA[산업부]]></category>
		<category><![CDATA[세계화]]></category>
		<category><![CDATA[신(新) 통상 로드맵]]></category>
		<category><![CDATA[신자유주의]]></category>
		<category><![CDATA[외교통상부 통상교섭본부]]></category>
		<category><![CDATA[재협상]]></category>
		<category><![CDATA[한미FTA]]></category>

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		<description><![CDATA[ISD 민관 TF &#8220;한·미 FTA의 ISD 개정 불필요&#8221; 김지환 기자 baldkim@kyunghyang.com 경향신문 2013-07-17 14:51:33 http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&#38;code=920100 미국과 진행할 투자자-국가소송제(ISD) 재협상을 위한, 한국 측의 입장을 정리하기 위해 구성된 ‘투자자-국가소송제 민관 전문가 태스크포스(TF)’가 [...]]]></description>
				<content:encoded><![CDATA[<p>ISD 민관 TF &#8220;한·미 FTA의 ISD 개정 불필요&#8221;</p>
<p><span style="color: #8794a1;">김지환 기자 baldkim@kyunghyang.com</span></p>
<p>경향신문 2013-07-17 14:51:33<br />
<a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100">http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100</a></p>
<p><a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100" target="_blank"><span style="font-family: 굴림; font-size: medium;">미국</span></a><span style="font-family: 굴림; font-size: medium;">과 진행할 </span><a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100" target="_blank"><span style="font-family: 굴림; font-size: medium;">투자</span></a><span style="font-family: 굴림; font-size: medium;">자-국가소송제(ISD) 재협상을 위한, 한국 측의 입장을 </span><a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100" target="_blank"><span style="font-family: 굴림; font-size: medium;">정리</span></a><span style="font-family: 굴림; font-size: medium;">하기 위해 구성된 ‘</span><a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100" target="_blank"><span style="font-family: 굴림; font-size: medium;">투자자</span></a><span style="font-family: 굴림; font-size: medium;">-국가소송제 민관 전문가 태스크포스(TF)’가 투자자-국가소송제에 대한 개정은 불필요하며, 야당과 시민사회에서 제기된 비판 역시 근거가 없다고 결론지은 것으로 확인됐다. 한·미 자유무역협정(FTA) 협정문을 뜯어고치는 방식의 협상은 사실상 물건너간 것이다.</p>
<p>17일 진보정의당 김제남 의원실이 산업통상자원부로터 받은 자료를 보면 태스크포스는 “투자자-국가소송제는 반세기 동안 여러 국가들이 인정해온 보편적 규정으로 </span><a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100" target="_blank"><span style="font-family: 굴림; font-size: medium;">외국인 투자</span></a><span style="font-family: 굴림; font-size: medium;">의 지속적인 유치를 위해 필요하다”고 밝혔다. 태스크포스의 결론이 공식적으로 확인된 것은 이번이 처음이다.</p>
<p>옛 외교통상부 통상교섭본부는 지난해 3월15일 한·미 FTA가 </span><a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100" target="_blank"><span style="font-family: 굴림; font-size: medium;">발효</span></a><span style="font-family: 굴림; font-size: medium;">된 직후 이명박 전 대통령이 약속한 투자자-국가소송제 재협상을 위해 민관 태스크포스(TF)를 구성했다. 박태호 당시 통상교섭본부장은 “현행 한·미 FTA 협정문에도 사법주권 침해와 공공주권 훼손에 대해선 많은 보완장치가 존재한다. 그러나 국민적 관심이 쏠린 만큼 태스크포스를 통해 추가로 보호장치를 마련할 수 있을지 논의해볼 것”이라고 말했다. 태스크포스는 지난해 말 </span><a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100" target="_blank"><span style="font-family: 굴림; font-size: medium;">보고서 작성</span></a><span style="font-family: 굴림;"><span style="font-size: medium;">을 마무리하고 활동을 끝냈다.</p>
<p></span><span style="font-size: medium;">태스크포스는 “한·미 FTA의 투자자-국가소송제는 그간 이 제도와 관련해 제기된 문제점을 보완하는 한편, 우리 법 제도와의 </span><a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100" target="_blank"><span style="font-size: medium;">조화</span></a><span style="font-size: medium;">를 통해 각종 </span><a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100" target="_blank"><span style="font-size: medium;">안전장치</span></a><span style="font-size: medium;">를 마련해 투자자 보호 및 국가 권한 간의 균형을 이룬 발전된 형태”라고 밝혔다. “한·미 FTA의 투자자-국가소송제를 폐기하거나 투자자-국가소송제의 근간이 되는 핵심 조항(사전동의, 사법주권 침해 등)에 대한 개정이 불필요하다는 것”이다.</p>
<p>태스크포스는 또 투자자-국가소송제에 대해 제기된 비판 의견에 대해서도 근거가 없다고 판단했다. 근거가 있더라도 안전장치가 확보됐다고 봤다. 야당과 시민사회는 그동안 투자자-국가소송제가 공공정책의 자율성을 침해할 수 있으며, 한·미 FTA로 인해 한국 법 체계에 이식되는 간접수용이라는 미국식 법리는 위헌이라고 주장해왔다.</p>
<p>산업부는 다만 “최근 투자자와 국가 간 분쟁 증가에 따라 투자자-국가소송제 보완을 위한 국제사회의 논의 동향 등을 감안할 때 남소 방지를 위한 장치, 해석 명확화 등 일부 보완 필요성도 제기됐다”고 설명했다.</p>
<p>김제남 의원은 “산업부는 최근 신(新) 통상 로드맵을 발표할 때 주요 협상 추진상황, 결과 등을 국회와 공유하겠다고 공언한 만큼 태스크포스의 검토 의견을 몇줄로 요약해 제출할 것이 아니라 </span><a href="http://news.khan.co.kr/kh_news/khan_art_view.html?artid=201307171451331&amp;code=920100" target="_blank"><span style="font-size: medium;">보고서</span></a><span style="font-size: medium;"> 원문을 제출해야 한다”고 말했다.</span></span></p>
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		<title>[세계화] 국제투자협정의 예외조항에 관한 연구 (이서연)</title>
		<link>http://www.chsc.or.kr/?post_type=reference&#038;p=4078</link>
		<comments>http://www.chsc.or.kr/?post_type=reference&#038;p=4078#comments</comments>
		<pubDate>Tue, 28 May 2013 13:20:05 +0000</pubDate>
		<dc:creator>건강과대안</dc:creator>
				<category><![CDATA[세계화 · 자유무역]]></category>
		<category><![CDATA[ISD]]></category>
		<category><![CDATA[국제투자협정]]></category>
		<category><![CDATA[박덕영]]></category>
		<category><![CDATA[세계화]]></category>
		<category><![CDATA[신자유주의]]></category>
		<category><![CDATA[연세대 법학과 석사논문]]></category>
		<category><![CDATA[예외조항]]></category>
		<category><![CDATA[이서연]]></category>
		<category><![CDATA[한EU FTA]]></category>
		<category><![CDATA[한미FTA]]></category>

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		<description><![CDATA[국제투자협정의 예외조항에 관한 연구연세대학교 일반대학원 법학과 이서연 석사학위논문지도교수 박덕영2012 년 6 월출처 : 연세대학교 중앙도서관 원문공개 (http://library.yonsei.ac.kr/ )목 차제1장 서론 ································································································· 1제1절 연구의 목적···································································································· 1제2절 연구법위 및 연구방법 [...]]]></description>
				<content:encoded><![CDATA[<p>국제투자협정의 예외조항에 관한 연구<BR><BR>연세대학교 일반대학원 법학과 이서연 석사학위논문<BR>지도교수 박덕영<BR><BR>2012 년 6 월<BR><BR>출처 : 연세대학교 중앙도서관 원문공개 (<A class="f_url link_site" _onclick='smartLog(this, "s=TO&#038;a=RCTO&#038;pg=1&#038;r=1&#038;d=21321&#038;p=2", event);' href="http://library.yonsei.ac.kr/" target=_blank><FONT color=#107834>http://library.yonsei.ac.kr/</FONT></A> )<BR><BR>목 차<BR>제1장 서론 ································································································· 1<BR>제1절 연구의 목적···································································································· 1<BR>제2절 연구법위 및 연구방법 ·················································································· 2<BR>제2장 예외조항과 국가의 규제권한 ··················································· 5<BR>제1절 예외조항의 정의 ···························································································· 5<BR>제2절 구체적인 IIA상의 의무와 예외조항의 비교: 국가의 규제권한을<BR>중심으로··········································································································· 6<BR>I. 내국민대우·최혜국대우와 국가의 규제권한 ··············································· 6<BR>II. 공정·공평한 대우와 국가의 규제권한························································ 7<BR>III. 수용과 국가의 규제권한·············································································· 9<BR>IV. 예외조항과 국가의 규제권한 ···································································· 10<BR>제3절 소결 ················································································································ 11<BR>제3장 예외조항과 긴급피난의 관계 ················································· 12<BR>제1절 긴급피난의 개관 ·························································································· 12<BR>제2절 예외조항과 긴급피난의 관계 ···································································· 12<BR><BR>I. 예외조항과 긴급피난의 요건 비교····························································· 12<BR>II. 아르헨티나 경제위기 관련 사건을 통해 살펴본 양 조항의 관계····· 16<BR>제4장 예외조항의 유형 ········································································ 25<BR>제1절 국가의 규제권한을 보장하는 유형 ·························································· 26<BR>제2절 GATT 제XX조 유형 ···················································································· 27<BR>제3절 절차적 요건이 있는 유형·········································································· 28<BR>제4절 자기판단적 유형 ·························································································· 30<BR>I. 자기판단성이 명시된 경우··········································································· 30<BR>II. 자기판단성이 명시되지 않은 경우 ··························································· 31<BR>III. 자기판단조항과 사법심사의 가능성 ························································ 33<BR>제5절 특정 의무 위반에 한정된 유형································································ 33<BR>제6절 분쟁의 대상으로부터 배재하는 유형······················································ 34<BR>제7절 그 외 논란이 되는 유형············································································ 34<BR>제5장 예외조항의 일반적 요건 ························································· 38<BR>제1절 예외사유의 종류 ·························································································· 38<BR>I. 필수적 안보이익····························································································· 38<BR>II. 환경 ················································································································· 54<BR>III. 공중보건 ········································································································ 57<BR>IV. 국제평화·안보의 유지················································································ 61<BR>V. 공공질서········································································································· 63<BR>제2절 예외조항상의 조치의 관계요건에 관한 논의········································ 65<BR>I. ‘관계요건’의 의미·························································································· 65<BR>II. 아르헨티나 경제위기 사건들과 필요성 요건········································· 66<BR>제3절 조치발동국의 기여: 새로운 요건의 도입인가? ······································ 71<BR>제4절 예외조항에 대한 입증책임 부담······························································ 72<BR>제6장 한국의 국제투자협정상의 예외조항 분석 ·························· 74<BR>제1절 BIT상의 예외조항 현황 ·············································································· 74<BR>I. 한-독 BIT 제12조··························································································· 75<BR>II. 한-일 BIT 제16조························································································· 76<BR>제2절 FTA상의 예외조항 현황············································································· 81<BR>I. 한-칠레 FTA 제20.2조··················································································· 81<BR>II. 한-싱가포르 FTA 제21.2조 및 제21.3조 ·················································· 83<BR>III. 한-EFTA FTA 투자협정 제20조······························································· 86<BR>IV. 한-ASEAN FTA 투자협정 제20조 및 제21조······································· 89<BR>V. 한-인도 CEPA 제10.18조·부속서10-나·부속서 10-다····························· 92<BR>VI. 한-EU FTA 제7.50조················································································ 97<BR>VII. 한-페루 FTA 제24.1조 및 제24.2조······················································· 99<BR>VIII. 한-미 FTA 제23.2조 ··············································································· 101<BR>제3절 한국의 국제투자협정의 예외조항에 대한 전반적인 평가················ 102<BR>I. 예외조항의 유형 측면················································································· 102<BR>II. 예외사유 측면····························································································· 103<BR>III. 평가·············································································································· 104<BR>제7장 결론 ····························································································· 106<BR>참고문헌 ························································································································ 109<BR>부록 ········································································································· 122<BR>부록 A. 각종 국제투자협정 내의 예외조항 ···················································· 122<BR>I. 국가별 모델 BIT에서의 예외조항 ···························································· 122<BR>II. 선별된 국제투자협정의 예외조항··························································· 123<BR>III. 그 외 참조조항 ·························································································· 128<BR>부록 B. 발효 중인 한국의 국제투자협정상의 예외조항 ······························· 133<BR>I. 한-독 BIT ······································································································· 133<BR>II. 한-일 BIT ····································································································· 133<BR>III. 한-칠레 FTA ······························································································· 135<BR>IV. 한-싱가포르 FTA ······················································································· 136<BR>V. 한-EFTA FTA 투자협정 ············································································ 138<BR>VI. 한-ASEAN FTA 투자협정 ······································································· 138<BR>VII. 한-인도 CEPA ··························································································· 141<BR>VIII. 한-EU FTA ······························································································· 144<BR>IX. 한-페루 FTA ······························································································· 146<BR>X. 한-미 FTA ···································································································· 147<BR><표 차례><BR>[표 1] 미국-아르헨티나 BIT 제XI조와 국가책임초안 제25조의 문언 비교 ····· 12<BR>[표 2] 미국-아르헨티나 BIT 제XI조와 국가책임초안 제25조의 관계에 관한<BR>중재판정부의 입장··························································································· 17<BR>[표 3] 아르헨티나 경제위기 관련 사건의 시간적 순서······································· 23<BR>[표 4] 발효된 한국의 BIT 현황················································································· 74<BR>[표 5] 한국의 발효된 FTA 현황과 예외조항 유무 ················································ 81<BR>[표 6] 한국 국제투자협정 예외조항의 유형별 현황 ··········································· 103<BR>[표 7] 한국 국제투자협정 예외조항상의 예외사유 현황··································· 103</p>
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