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학술논문환경법연구2008.05 발행KCI 피인용 5

한미 FTA 환경협정의 주요쟁점과 평가

Legal issues and Assessment of KORUS FTA Environmental Agreement

조은래(부산외국어대학교)

30권 1호, 301~329쪽

초록

In April second 2007, The government of the korea and the United states of america desiring to implement Free Trade Agreement(FTA) in a manner consistent with environmental protection and conservation have agreed an Environmental Agreement. The KORUS FTA Agreement Chapter 20(environment) is made up from article 20.1 to article 20.11 and ANNEX 20-A(covered agreements). The main issues from among these articles are Environmental Agreements(article 20.2), Application and Enforcement of Environmental Law(article 20.3), Opportunities for Public Participation(article 20.7), Environmental Cooperation(article 20.8), and Environmental Consultations and Panel Procedure(article 20.9). They were also disputed with the service and investment agreement in environment related projects and an automobile agreement in relation to air pollution. The environment chapter is the agreements to prescribe agendas can improve the standard of environmental protection with the exertion for environmental protection the independence of environmental policy, the enforcement of environmental cooperation work. The environmental agreements included the KORUS FTA Agreement have the expansive and strong environmental protection models. This is high estimated environmentally. In a this environmental agreements specially, it was frailly evaluated to be excluded an important agreements such as Kyoto protocol, Basel Convention and have the possibility of environmental controls and investment dispute by indirect expropriation. And radical measures of air pollution by the standard easing of discharge gas are demanded. We cannot predict situations after they validate the KORUS FTA. But we have to plan sustainable development and should not overlook possibility which environmental values will be threatened.

Abstract

In April second 2007, The government of the korea and the United states of america desiring to implement Free Trade Agreement(FTA) in a manner consistent with environmental protection and conservation have agreed an Environmental Agreement. The KORUS FTA Agreement Chapter 20(environment) is made up from article 20.1 to article 20.11 and ANNEX 20-A(covered agreements). The main issues from among these articles are Environmental Agreements(article 20.2), Application and Enforcement of Environmental Law(article 20.3), Opportunities for Public Participation(article 20.7), Environmental Cooperation(article 20.8), and Environmental Consultations and Panel Procedure(article 20.9). They were also disputed with the service and investment agreement in environment related projects and an automobile agreement in relation to air pollution. The environment chapter is the agreements to prescribe agendas can improve the standard of environmental protection with the exertion for environmental protection the independence of environmental policy, the enforcement of environmental cooperation work. The environmental agreements included the KORUS FTA Agreement have the expansive and strong environmental protection models. This is high estimated environmentally. In a this environmental agreements specially, it was frailly evaluated to be excluded an important agreements such as Kyoto protocol, Basel Convention and have the possibility of environmental controls and investment dispute by indirect expropriation. And radical measures of air pollution by the standard easing of discharge gas are demanded. We cannot predict situations after they validate the KORUS FTA. But we have to plan sustainable development and should not overlook possibility which environmental values will be threatened.

발행기관:
한국환경법학회
분류:
법학

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