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수익자의 일치하는 제시에 따른 개설은행의 의무에 관한 연구
김용일(Yong-il Kim),이경화(Jing-hua Li) 한국국제상학회 2011 國際商學 Vol.26 No.1
The purpose of this paper is to examine the Issuing Bank's Obligations by Complying Presentation of Beneficiary. The contract between the issuing bank and the beneficiary is the central one in a letter of credit transaction. The main obligation in the contract is the issuing bank's promise to pay the beneficiary provided that the documents presented conform to the requirements of the credit. An issuing bank that fails to accept conforming documents or to honour a complying presentation will be in breach of its promise to the beneficiary under the credit. Even in the case where the documents do not comply with the credit, an issuing bank that does not follow the UCP procedure for examination and rejection of documents will have to treat the documents as complying, and therefore a refusal to take up the documents in these circumstances will amount to wrongful dishonour. Ultimately, the options available to a beneficiary who is faced with a bank's refusal of conforming documents under a credit will depend on what has happened to the documents and goods. If the documents are already with the bank, or if they are still in the possession of the beneficiary, ready to be handed over to the bank in exchange for payment, he should be able to claim damages based on the amount of the credit, plus consequential losses, if any. If beneficiary has credit, but for damages based on his actual losses.
김용일(Kim, Yong Il),이기옥(Lee, Ki Ok),이경화(Li, Jing Hua) 한국무역상무학회 2010 貿易商務硏究 Vol.47 No.-
The contours of the definition of an indirect expropriation are not precisely drawn. In some recent ICSID decision, tribunals have interpreted the concept of indirect expropriation narrowly and have preferred to find a violation of the standard of fair and equitable treatment. Thus, I analyzed the three Requirements of Indirect Expropriation basis of ICSID Cases as below. First, the effect of measure upon the economic benefit value as well as upon the control over the investment will be the key question when it comes to deciding whether an indirect expropriation has taken place. Whenever this effect is substantial and lasts for a significant period of time, it will be assumed prima facie that a taking of the property has occurred. Second, legitimate play a key role in the interpretation of the fair and equitable treatment standard. But they also found entry into the law governing indirect expropriation. Finally, the duration of a government measure affecting the interests of a foreign investor is important for the assessment of whether an expropriation has occurred. Key Words: International Investment Agreements, IndirectExpropriation, ICSID Cases