Legal Analysis of Indirect Expropriation Claim Under Korea-Us Fta

3563 words 15 pages
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.

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Beginning in 1959, several European countries led by Germany began to negotiate BITs that incorporated protections against expropriation of foreign investments.4 In the
1970s, the United States also adopted such an approach and launched its own BIT program aimed at protecting the foreign investments of United States corporations. 5 BITs have more proliferated since the collapse of the Soviet Union, and there are currently more than1500 BITs in force, involving 160 countries. 6 Virtually all of these agreements contain expropriation provisions, although only about half of them directly incorporate the language of the Hull


See Manuel R. G. Mora, The Calvo Clause in Latin American Constitutions and International Law, 206-07 (1950).
The Mexican Constitution’s Calvo Clause provides: “The State may grant the same right to foreigners [to acquire ownership of lands and other property], provided they consider themselves as nationals in respect to such property, and bind themselves not to invoke the protection of their governments in matters relating thereto under penalty, in case of noncompliance with the agreement, of forefeiture of the property acquired to the Nation.”
Constitucion Politica de los


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