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국제관계연구소
Vol. 39-2 (August 2024) Benefits of North Korea's Membership in the New York and ICSID Conventions (WooJung Jon, Tae Jung Park, Akshansh Singh)

Abstract

This article contends that North Korea should accede to the New York Convention and the ICSID Convention to provide more robust legal protections and dispute settlement mechanisms for foreign investors. While North Korea has enacted various domestic laws and established special economic zones to attract foreign investment, these measures have proved insufficient to fully assuage investor concerns, particularly regarding the enforcement of arbitral awards and protections against expropriation. Joining the New York Convention would mitigate uncertainties surrounding the enforcement of foreign arbitral awards by obligating North Korean courts to recognize and enforce such awards, subject only to limited, internationally accepted grounds for refusal. Accession to the ICSID Convention would enable aggrieved foreign investors to bring claims against North Korea before a neutral, depoliticized arbitral tribunal, providing an additional layer of protection against discriminatory or expropriatory state conduct. Membership in these conventions would significantly enhance North Korea's credibility in the eyes of foreign investors, demonstrating a commitment to upholding the rule of law and aligning its investment framework with global norms. While accession alone is not a panacea, it represents a crucial step toward building investor confidence, facilitating greater FDI inflows, and fostering North Korea's economic development and international engagement.

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Pacific Focus - 2024 - - Issue Information (1).pdf

다음글 Vol. 39-2 (August 2024) Has the Operational Control Transfer of the ROK-US Alliance Come to the Cul-de-sac? International and Domestic Factors That Explain Delays in an Alliance Policy (Haneol Lee)
이전글 Vol. 39-2 (August 2024) Exploring Alternative Futures Focusing on the Science and Technology Policy of Kim Jong-un's Regime* (Keonyeong Jeong, Kyungmoo Heo, Youbean Kim)