CETA 투자자-국가간 분쟁해결제도에 대한 법적 고찰: 한국-캐나다 FTA와의 비교를 중심으로

The aim of this paper is to review and analyze the innovative provisions specified in investment chapter of CETA(Comprehensive Economic and Trade Agreement), which is concluded between EU and Canada. CEPA investment chapter stipulates all the obligations the Parties follow and provides a legal remedy available for investors when they suffer a damage from the measures taken by the host country. CETA reaffirms EU and Canada retain the right to regulate for policy objectives and provides more precise and specific standard of treatment to investors and investment. Also, CEPA introduces new dispute settlement mechanisms for investors such as a permanent arbitration tribunal and appeal system which are regarded as well-advanced system from the conventional ISDS. Such a court-type mechanism may be able to secure judges neutrality on a case and produce more consistent and uniform rulings. It is early to call CETA a success story but it is very likely that EU may push those provisions in FTA negotiations including a future Korea-EU amendment negotiation. In that regard, Korean government needs to do in-depth analysis on those provisions and set Korea’s position towards them.