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Vanderbilt Journal of Transnational Law

First Page

825

Abstract

The U.S.-South Korea Friendship, Commerce and Navigation Treaty was entered into by the signatory countries following World War II and governs the actions of corporations operating in a foreign country. One provision of the Treaty allows foreign corporations in the United States to choose executives "of their choice," arguably without regard to the statutory protections that the United States affords in the hiring process. In this Note, the Author contends that the U.S.-South Korea Friendship, Commerce and Navigation Treaty results in discrimination against women in the United States because South Korean employers tend to choose South Korean men to fill particular positions. To address this discrimination, the Author proposes that the United States either abolish the U.S.-South Korea Friendship, Commerce and Navigation Treaty or, alternatively, replace it with a bilateral investment treaty.

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