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Legal Study on the AIIB Lender Agreement and Korea's role
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아시아 인프라 투자은행(AIIB) 경영시 차관공제협정에 따른 분쟁해결절차의 법적 쟁점과 개선과제

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Type
Academic journal
Author
Journal
The Korean Academy of Business Law 경영법률 경영법률 제28권 제3호 KCI Accredited Journals
Published
2018.1
Pages
141 - 179 (39page)

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Legal Study on the AIIB Lender Agreement and Korea's role
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Abstract· Keywords

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WB and ADB must truly awareness of AIIB existence as existing international finance order. The United Kingdom take the lead in AIIB international order, many kind of EU countries submits an entry blank, AIIB their international influence quickly spreads in the world. But AIIB carry a purpose that add experience of the inter bank and private corporate, and revealed complementary character of the multilateral development bank. AIIB expects to play many role as a founding member of the traditional World Bank and multilateral development bank etc. Furthermore AIIB will cause a new challenge. The most important thing is try to seek harmony cash loan law institution in the building AIIB process. In other words, there must be needed to decrease the conflict of the mutual different law fields. AIIB doesn’t need to reject traditional international finance order. But this legal theory does not stand for World Bank and ADB. For example, if world bank cash loan exists some legal problem, we must improve and come up with a legal institution in the AIIB. If financial supporting from the multilateral development can’t satisfied with loan applicant asking, then redeem public fund by loan article will restrict cash loan applicant their applying loan from the third party. If AIIB cash loan agreement put it an additional article, their status will overpass such that multilateral development bank etc, inject more lot of private fund into ADB. Of course, AIIB must will makes an effort to establish loan article, More lot of making an exceptive clause, more lot of introduction of a third party fund will do well. Something to notice to hear is that when AIIB join invest with World Bank, ADB, and injects public fund to the infrastructure facilities, AIIB must more negotiate with World Bank or ADB. And AIIB have to ask let a party to an agreement modify law, then every party to an agreement their fund need will be satisfied.
#AIIB #Negotiate a loan between international law main agent and non-international law main agent #International loan agreement with non-international law main agent #Inter- national loan agreement between non-international main agent and international main agent #Arbitration

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이현태 / 2017 / 아시아 인프라 투자은행(AIIB) 발전 현황과 시사점: 제2차 한국 연차총회를 중심으로 / 대외경제정책연구원 오늘의 세계경제 dbpia 임호열 / 2016 / 중국 주도의 신금융질서 태동과 한국의 대응방향 google schola 조영관 / 2016 / 아시아 인프라 투자은행(AIIB) 출범과 한·중앙아시아 인프라 협력 방안 google schola news1 / 韓中 경제수장 사드갈등 후 첫 만남…김동연-샤오제 제주회동 google schola 머니투데이 / 한․중관계 해빙, 김동연 취임 후 첫 경제 수장 만남도 급물살 google schola

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