FTA 환경규정의 국내이행 제고를 위한 법적 고찰

Among the Free Trade Agreements(hereinafter referred to as “FTA(s)”) concluded between Korea and other states, 「Korea-EU FTA」, 「Korea-Peru FTA」, 「Korea-US FTA」, 「Korea-Turkey FTA」 and 「Korea-Colombia FTA」 have separate chapters of “Environment” or “Trade and Sustainable Development” in the FTAs’ texts, comprehensively dealing with the environmental issues. As with the FTAs of Korea, recently negotiated or concluded FTAs in the world have generally not only included environmental provisions but also linked between the FTAs, “trade agreements,” and the environmental issues, “non-trade or social issues.” In addition, the contents and scope of procedural as well as substantive environmental provisions included in the FTAs have been diversified and expanded. Accordingly, the domestic implementation of environmental provisions in the FTAs has been a critical issue because success of the FTAs can not be guaranteed without the effective implementation of the environmental provisions which have been core elements in the FTAs. Just like the other states’ FTAs including environmental provisions, multilateral reviews on the domestic implementation issue of environmental provisions have been recently carried out in Korea. Therefore, it should be closely reviewed how to effectively implement the environmental provisions in the FTAs of Korea for the successful operation and enforcement of them. Based on this perception, this article considers general elements concerning domestic implementation of the environmental provisions in the FTAs of Korea(Chapter Ⅱ), analyses and arranges the details of domestic implementation obligations in the five FTAs of Korea including the separate environmental chapters(Chapter Ⅲ), and presents several institutional as well as legal proposals in order to enhance the domestic implementation of the environmental obligations in the FTAs on both sides of substantive and procedural environmental provisions, as well as environmental governance(Chapter Ⅳ). The author expects this discussion can contribute to development and establishment of effective domestic implementation system.