한-인도 CEPA 체결에 있어서 외국인 투자자 보호를 위한 사례 연구

A Case Study on the Protection for Foreign Investors under the Korea-India CEPA

South Korea has investment agreements such as FTAs and BITs with several countries to overcome protectionism on a global basis. Recently concluded Korea-India Comprehensive Economic Partnership Agreement(CEPA) could be one of many parts which will be a great help to bilateral cooperation and economic development However, since there are possibilities of violating the agreement, it needs to be considered that foreign investors may sue governments. Therefore, an Investor-State Dispute Solution(ISDS), an arbitral procedure by which a foreign investor may seek compensation of damages from a host country, is gaining in importance. This paper studies subjects，including not only Nationality， as a prerequisite for investors and the right for shareholders' protection, but also National Treatment (NT， Most-Favored Nation (MFN) and Fair and Equitable Treatment and Expropriation. The purpose of this paper is to contribute to the protection of Korean investors in the Korea-India CEPA by studying cases relating to foreign investment.