해외 자원개발 투자 계약과 위험관리

Overseas Resource Development Investment Contracts and Risk Management

The economic activity area has already been globalized. Therefore, foreign investment for resource development requires the analysis of the political and economic realities of the target countries. It is also necessary to have a clear awareness of the legal system of foreign investment in the target country. Above all, foreign investors must keep in mind that, for the acquisition of economic benefits through investment in development, the risk of development investment should be eliminated, minimized or rationally distributed. However, the investment risk of foreign investors can not be controlled by the domestic law of the investing country alone. Therefore, investment risk should be preemptively prevented and defended through investment contract (Vertrag) for resource development. In the case of Brazil, there is no single law on foreign investment. But the tax laws, labor laws and environmental laws are particularly important laws in determining and implementing investment in resource development. However, these laws generally reflect Brazil s domestic circumstances. Therefore, as a foreign investor investing in resource development in Brazil, it is ideal to preemptively prevent and protect the risks that may arise from investment contracts when concluding investment contracts. Furthermore, in order to prevent unforeseen risks from occurring after the conclusion of the contract, the contract should be designed by considering the distribution of the risk.