Monday, May 18, 2020

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†¦show more content†¦In the next chapter, the Article will evaluate the influence of the NAFTA Chapter 11 on the expropriation provisions of KOR-US FTA, and attempt to discover discrepancies between the NAFTA Chapter 11 jurisprudence and the U.S. Taking Clause jurisprudence. Particularly, this chapter’s analysis will offer a helpful insight on understanding of the textual improvement made in KOR-US FTA because the investment provisions of KOR-US FTA are basically modeled on the NAFTA Chapter 11. Finally, the Article will explore the concrete standard for determining an indirect expropriation articulated in KOR-US FTA, and analyze each considerable factor under customary international law. II HISTORY OF INVESTMENT TREATIES AND EXPROPRIATION Industrialized countries have long made efforts to achieve a global consensus about the principle that foreign investments cannot be nationalized without appropriate compensation. Particularly, the United State has strongly endorsed the â€Å"Hull Formula,† which requires a state to provide â€Å"prompt, adequate, and effective† compensation for the expropriation of foreign investments. 1However, continuous attempts to incorporate the Hull Formula into multilateral 1 See Andreas F. Lowenfeld, International Economic Law, 397-402 (2002). 3 treaty were frustrated because theShow MoreRelatedLegal Analysis of Indirect Expropriation Claim Under Korea-Us Fta3577 Words   |  15 Pagesof 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 LEGAL ANAYSIS OF INDIRECT EXPROPRIATION CLAIMS UNDER KOR-US FTA Kiho Kim

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