Legal Analysis of Indirect Expropriation Claim Under...

WRITING SAMPLE Kiho Kim 101 Cherry Ave. Bethpage, NY 11714 (070) 8624-1462 The attached writing sample is an excerpt from a research paper submitted for the international business transaction course of Hofstra School of Law. This research paper addresses potential controversies arising from the investment provisions of KOR-US FTA, particularly focusing on indirect expropriation claims under KOR-US FTA. The beginning chapter provides a brief history of expropriation provisions in bilateral investment treaty. The second chapter discusses indirect expropriation provisions of the NAFTA Chapter 11 and the relevant case law. The final chapter analyzes detailed criteria to review indirect expropriation claims in the context of KOR-US FTA. 0†¦show more content†¦5 See Kenneth J. Vandevelde, The Bilateral Investment Treaty Program of the United States, 21 Cornell Int’l L.J. 201 (1998); see also M.S. Bergman, Bilateral Investment Protection Treaties: An Examination of the Evolution and Significance of the U. S. Prototype Treaty, 16 N.Y.U. J. Int’l Law Pol’y 1 (1983). 6 See United Nations Conference on Trade and Development (UNCTAD), Bilateral Investment Treaties in the Mid1990s, at 8-10, U.N. Doc. UNCTAD/ITE/IIT/7, U.N. Sales No. E98.II.D.8 (1998). For an updated list of texts of bilateral treaties to which the United States is a party; see also U.S. Bilateral Investment Treaty Program, List of U.S. Bilateral Investment Treaties, http://www.state.gov/www/issues/economic/7treaty.html. 7 See Mohamed I. Khalil, Treatment of Foreign Investment in Bilateral Investment Treaties, ICSID Rev.–Foreign Inv. L.J., 374-75 (1992). 3 4 The expropriation provisions in the recent BITs went much further beyond protection guaranteed under Hull Formula. Most of the current BITs require compensation not only for direct expropriation of property, but also for â€Å"indirect expropriation† – accomplished indirectly through measures equivalent to expropriation or nationalization.8 Also, many of the recent BITs provide with foreign investors a separate dispute settlement measure through the World Bank’s International Centre for the Settlement of InvestmentShow MoreRelatedLegal Analysis of Indirect Expropriation Claim Under Korea-Us Fta3592 Words   |  15 PagesKOR-US FTA, particularly focusing on indirect expropriation claims under KOR-US FTA. The beginning chapter provides a brief history of expropriation provisions in bilateral investment treaty. The second chapter discusses indirect expropriation provisions of the NAFTA Chapter 11 and the relevant case law. The final chapter analyzes detailed criteria to review indirect expropriation claims in the context of KOR-US FTA. 0 LEGAL ANAYSIS OF INDIRECT EXPROPRIATION CLAIMS UNDER KOR-US FTA