FTA 생물다양성 관련 최선노력조항(best efforts clause)의 해석에 관한 연구

Recently, FTAs concluded between developed countries and developing countries often use a best efforts clause related to biodiversity. Because of abstract and vague characteristics, a best efforts clause easily enables to reach agreements on protection of biodiversity, however, it could leave grounds for trade disputes. Therefore, it is important to understand legal binding force and scope of obligations of a best efforts clause related to biodiversity in FTAs. Although it is not easy to judge uniformly legal binding force of a best efforts clause related to biodiversity, at least it is needed to present standards judging legal effects as types to prepare for future disputes. For this, the paper describes types of best efforts clauses related to biodiversity in FTAs, and analyzes legal binding force according to types, and then shows legal scope of them. Therefore, this article is going to present rational interpretation of a best efforts clause related to biodiversity agreed in FTAs referring to interpretation of contracts in Anglo-American law countries and international treaties.