• 한국중재학회지:중재연구
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• 제24권1호
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• pp.25-44
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• 2014

Conflict between transnational environmental issues and foreign investment in capital-importing states can be commonly found. Actually, several investor-state dispute arbitration cases like Bilcon v. Canada, S.D. Myers v. Canada, and Metalclad v. Mexico concerned environmental matters. States are worried about their measures for securing the environment might be deemed to go against international investment agreements and foreign investors also are anxious because of excessive regulations. Against this backdrop, stakeholders attempt to strike a balance between securing foreign investment and preserving the environment. This article argues that the investment chapter of the Korea-US FTA tries to solve environment-investment collision in investor-state disputes. Before analyzing the provisions of the investment chapter most relevant to environmental issues, this article points out the most typical types of environmental clauses included in international investment agreements. The investment chapter of the Korea-US FTA has provisions which effectively prevent measures from becoming useless when those measures are legitimate measures relevant to environmental matters. This does not mean that the Korea-US FTA completely solves the conflict between environmental issues and the protection of foreign investment, but still it paves the way for a prudent solution which would hash out this thorny problem.

• 중국학논총
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• 제72호
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• pp.101-122
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• 2021

Over the past 20 years, labor standards have been widely used in free trade agreements. The U.S., the European Union and China have all aggressively signed free trade agreements with their trading partners, developing different styles on labor standards. According to the study, the implementation of the KOREa-EU FREE trade agreement has been hampered by ongoing disputes over the terms of the FREE trade agreement and the ILO since the korea-EU free trade agreement was signed. Because in order to break this deadlock, relevant scholars have done a lot of research, but mainly focused on the economic and trade field. Therefore, this paper for the first time systematically studies the substantive focus of disputes over FTA and ILO clauses, and carefully analyzes the domestic law amended by South Korea, and provides suggestions and inspirations for China by drawing lessons from the revision model of South Korea's domestic law. This is from a newperspective: the essence of the korea-EU FTA and ILO disputes is the conflict between international law and domestic law, and the conflict between free trade agreements and human rights protection. It holds that the essence of disputes should be sorted out from the perspective of legal principles and human rights protection, and the free trade and human rights protection should be actively coordinated. In order to make China more actively integrate into the international economy, China should adopt a positive attitude to revise and perfect its own laws, so as to realize the purpose of common development of international trade and human rights protection.

• 통상정보연구
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• 제14권2호
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• pp.447-470
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• 2012

원산지란 국제간의 교역에서 다루어지고 있는 모든 물품에 대한 국적을 나타내는 규정으로서 각국은 원산지 규정을 법 또는 제도로서 운영관리하며 산업재산권 보호차원에서 접근하고 있다. 최근 경제지도를 확대하기 위한 일환으로 확산되고 있는 FTA 협정에서 원산지규정은 매우 복잡한 절차와 이해를 필요로 하는 분야로 국가 간 협상의 최대 쟁점이 되고 있으며 우리나라의 경우 한 칠레 FTA를 시작으로 동시다발적으로 추진된 FTA 협정에서 원산지 기준은 각 협정별 차이로 인해 일관성이 결여되고 국가 간 협상이 쉽지 않은 분야이다. 특히 농업부문의 원산지 기준은 다른 재화와는 다른 농산물의 특성이 반영되어야 하며, 각 품목별 특성을 고려해야하는 분야이다. 기 체결된 협정문에서 다루어진 원산지 기준에 대한 충분한 검토와 품목별 비교를 통해 향후 추진되고 있는 FTA 협정체결과정에서 농업부문에 적용할 수 있는 시사점을 제공하는 것은 매우 큰 의미가 있다. 본 연구에서는 기체결 FTA 협정에서 농업부문의 원산지결정 기준에 대하여 칠레, 미국, ASEAN 그리고 EU와의 FTA 협정을 중심으로 검토하고 각각의 특징을 분석하여 향후 추진되는 FTA에서 활용될 수 있는 시사점을 제시하고자 한다.

• East Asian Economic Review
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• 제18권3호
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• pp.215-251
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• 2014

This study explores the main causes that have led Japan to conclude an FTA with ASEAN. This paper appraises Japan-ASEAN relations and shows that closer relations between Japan and ASEAN have provided momentum for the launch of Japan's FTAs with ASEAN. Consequently, this paper explores the origins and progress of Japan-ASEAN FTA, as well as the strategies and initiatives embraced by Japan in its FTA negotiations with ASEAN. By examining the domestic, regional, and global factors that led to the launch of the Japan-ASEAN FTA, this paper concludes that the strategies adopted were primarily aimed at its main rival, China. The rivalry has resulted in both positive and negative consequences for East Asian Regional economic environment. The negative consequences include the creation of a "spaghetti bowl", which increases costs for Japanese firms operating abroad, and "slows down the progress of the creation of an effective single regional institution".

• Journal of Korea Trade
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• 제26권6호
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• pp.41-60
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• 2022

Purpose - The policy implications of free trade agreements have traditionally been a matter of debate among economists. The official signing of the Korea-China Free Trade Agreement provides economists with a quasi-natural experiment to analyze the FTA's policy effects. This article aims to more accurately understand the impact of Korea's FTA accession on the macro economy. Design/methodology - This study adopts the counterfactual method based on panel data to find common factors in the generation process of macro data to fit the counterfactual path, to accurately evaluate the effect of the macro policy. Findings - Our research results show that the signing of the Korea-China FTA has a relatively significant short-term positive effect on Korea's economic growth. On average, Korea's real GDP growth rate has increased by 2.1%. This study finds evidence in support of FTA signing not having a significant impact on Korea's GDP growth in the long run. Additionally, we evaluated the impact of the FTA on Korea's imports and exports and found that it had a significant positive impact in the short term, but the trade effect of the FTA is significantly affected by the external macro-environment. Originality/value - First, this study uses macro panel data at the national level to examine the impact of the Korea-China FTA on Korea, and more accurately describes the policy effect of the FTA. Second, our empirical results show that the Korea-China FTA policy impact is subject to occasional changes in the external environment, such as the geopolitical conflict (crisis) between Korea and China, and the US-China trade war. Finally, the analysis shows that the short-term effect of FTA is significant but the long-term is uncertain, which provides empirical evidence for the debate on whether joining FTA can promote national economic growth.

• 통상정보연구
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• 제11권1호
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• pp.441-463
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• 2009

FTA is acting as a central axis to accomplish the worldwide trade liberalization as FTA has been globally spreading with competition. As the global economic depression and the trend of new protectionism are getting grave, and the trade liberalization of GATT and WTO is getting delayed, FTA is spread as an alternative. FTA is often called as RTA: Regional Trade Agreement(regional free trade agreement) which takes place mainly around the neighbor nations or regular districts, and these days, it is tending towards agreements between long distant nations, so, it's not limited to the regular districts. Among the FTA agreement items, in addition to the customs abolition, the opening and investment liberalization of service market like finance, communication etc., intellectual property rights are included in the government's target range. Korea also is actively proceeding FTA conclusion. Korean government has concluded the agreements with Singapore, european nations beginning from Chile concluded in 2003, and is proceeding more the negotiations with Japan, Canada, Mexico, India etc. Now in 2009, FTA of Korea-United States is actually waiting for just the passage of assembly ratification. But, if FTA becomes effective, because our domestic market should be entirely opened, it is expected that the blow against our domestic agricultural field which is weak, compared with that of the United States, a nation of worldwide agricultural products, is not an ordinary one. According to it, we need a whole plan to cope with, so, the purpose of this study is to suggest the strategy by comparing and analysing the Korean agricultural competitive power, and to find the other development stratagem.

• 한국항만경제학회지
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• 제32권3호
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• pp.83-94
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• 2016

본 연구에서는 한국과 총 5개 단일국가(칠레, 싱가포르, 인도, 페루, 미국) 간 FTA 발효가 부산항 벌크물동량에 미치는 영향에 대한 실증분석을 시도하였다. 분석을 위해 대한민국과 FTA가 발효된 5개 국가(효과집단)와 2015년 기준 부산항 벌크물동량 교역 상위 80%의 비중을 차지하는 10개 국가(통제집단)의 횡단면 및 시계열로 구성된 패널자료를 사용하였다. 분석 결과 FTA 발효는 부산항 벌크물동량의 증대에 기여한 것으로 나타났다. FTA 이외의 GDP, 인구 변수는 부산항 벌크물동량과 양(+)의 효과를 보이는 것으로 나타났으며, 거리 변수는 물동량과 음(-)의 효과를 보이는 것으로 분석되었다. 국가별 패널자료는 하우스만 검정 및 LR검정을 통해 확률효과모형이 적합한 것으로 나타났다.

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.3-32
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• 2007

This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

• 한국중재학회지:중재연구
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• 제22권2호
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• pp.103-124
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• 2012

Because the Korea-U.S. Free Trade Agreement (Korea-U.S. FTA) and the North American Free Trade Agreement (NAFTA) have an overlapping contracting party, the United States, their provisions have much in common. The investment chapters of these agreements, especially, show many similarities, and thanks to these similarities, it is likely that the Korea-U.S. FTA arbitration tribunal for investor-state disputes regarding the environment will put great weight on the NAFTA tribunals' interpretations of those similar provisions. Since the NAFTA tribunals have already handled many environment-related arbitration cases, their interpretations will help heighten the predictability of environment-related Korea-U.S. FTA arbitration cases. This paper analyzes the environment-related NAFTA cases in which the tribunal has issued an award, which are the Metalclad case, S.D. Myers case, Waste Management case, Methanex case, Glamis Gold case, and Chemtura case. According to this analysis, the most controversial NAFTA provisions have been Article 1102 (national treatment), Article 1105 (minimum treatment standard, fair and equitable treatment), and Article 1110 (expropriation). The NAFTA tribunals applied the requirement of these articles in a strict manner, reducing the possibility of finding a violation. After the aforementioned analysis, this paper proceeds to compare the national treatment, minimum treatment standard (fair and equitable treatment), and expropriation provisions of the Korea-U.S. FTA and NAFTA and to predict the impact that the environment-related awards under NAFTA can have on environment-related Korea-U.S. FTA cases. It is expected that the NAFTA interpretations of the national treatment and minimum treatment provisions are likely be used as they are, but not the interpretations of expropriation, because of the differences in the expropriation provisions of the two agreements.

• 국제지역연구
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• 제13권2호
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• pp.573-600
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• 2009

최근에는 WTO의 다자주의 체제에 대비되어 지역주의 또는 양자주의를 표방하는 FTA의 체결이 급격히 증가하고 있다. FTA 체제하에서 무역구제제도는 존립 필요성 및 내용과 관련된 다양한 이슈를 가지고 있다. FTA체제 하에서 무역구제제도의 존립근거는 GATT 제24조에서 찾아 볼 수 있는데, 공식적인 무역구제제도는 반덤핑, 상계, 세이프가드가 있고 본 연구는 이러한 협의의 무역구제제도 개념에 국한하여 이루어졌다. FTA체결 시에는 한국의 경제상황과 국내산업 보호 필요성을 충분히 고려하고 FTA협상 상대국 별로 다른 무역구제제도를 도입하는 것이 필요하다. 현재, 한국의 기 체결된 FTA에서 무역구제제도는 대체로 WTO협정의 권리와 의무를 유지하고, 일부 FTA 무역구제분야에서 상황에 따라 협정의 일부를 변경하고 있다. 본 연구는 위의 분석결과를 실제 한 중 FTA의 무역구제 협상에 적용하였는데 즉, 중국과의 산업전반 및 주요 교역품목에 관한 경쟁력 우열관계를 고려하여 무역구제제도가 결정되어야 할 것이다. 따라서 FTA의 체결 목적을 충분히 고려하고, 예상치 못한 경제상황 변화에 대비한다는 취지에서 무역구제조치의 발동 근거를 마련할 필요가 있다. 또한 민감품목에 대해서는 추가로 특별세이프가드 규정을 도입해야할 것으로 생각된다.