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National Chaos?: Would The Indirect Expropriation Provisions Of The Korea-Us Fta Destroy The Korean Land Use System?, Jeeyeop Kim
National Chaos?: Would The Indirect Expropriation Provisions Of The Korea-Us Fta Destroy The Korean Land Use System?, Jeeyeop Kim
Jeeyeop Kim
There have been on-going debates and concerns over whether the Korean land use system, which was built on a theory of strong social obligation on property rights, will be destroyed by the indirect expropriation clause under Chapter 11 of KORUS-FTA. Most of these concerns, however, are exaggerated, as they fail to recognize the international trends of indirect expropriation clauses and the similarities among U.S., international, and Korean laws. This article explores how the KORUS-FTA indirect expropriation clause will affect the Korean land use system. It demonstrates that, although Chapter 11 of KORUS-FTA presents the risk of encroaching upon national sovereignty, …
National Chaos?: Would The Indirect Expropriation Provisions Of The Korea-Us Fta Destroy The Korean Land Use System?, Jeeyeop Kim
National Chaos?: Would The Indirect Expropriation Provisions Of The Korea-Us Fta Destroy The Korean Land Use System?, Jeeyeop Kim
Jeeyeop Kim
There have been on-going debates and concerns over whether the Korean land use system, which was built on a theory of strong social obligation on property rights, will be destroyed by the indirect expropriation clause under Chapter 11 of KORUS-FTA. Most of these concerns, however, are exaggerated, as they fail to recognize the international trends of indirect expropriation clauses and the similarities among U.S., international, and Korean laws. This article explores how the KORUS-FTA indirect expropriation clause will affect the Korean land use system. It demonstrates that, although Chapter 11 of KORUS-FTA presents the risk of encroaching upon national sovereignty, …