강제노동 상품에 대한 수입통제의 국제법적 타당성 및 함의-제3국의 대응조치에 관한 논의를 중심으로

Amid the serious conflict between the U.S. and China, the U.S. has begun to utilize China's human rights issues as a means to utilize trade sanctions. In particular, FTAs based on treaty systems have been established to pave the way for collective countermeasures through trade sanctions against China's serious human rights violations. Measures to deal with forced labor in the context of trade policy have long been of interest to the U.S., and have come to fruition through Articles about forced labor in CPTPP and USMCA. However, the ILC completed Article 54 of ARSIWA by avoiding immediate answers to questions about whether States other than injured States can exercise countermeasures and allowing ambiguous "lawful measures" to be taken. In addition, the ILC decided to reserve its position and leave the resolution of the matter to the further development of international law. Therefore, this paper attempted to confirm whether the possibility of third parties’ countermeasures against the breach of international obligation owed to the international community as a whole, which had been discussed in the context of ARSIWA, is revealing the possibility through the FTA. To this end, a review was conducted on the normative relationship between the legal systems of ARSIWA, the WTO, and the FTA. To be specific, based on the review on the negotiation history of ARSIWA, the author analysed the question whether States other than the injured State are entitled to exercise countermeasures, and noted the open end of ARSIWA and the possibility of lex specialis. With respect to a recent trend in FTAs such as CPTPP and USMCA which require the prohibition of imports of goods produced by forced labor, the author confirmed the room for justification in relation to the WTO system and envisioned such a trend could be an important step for the development of international law in terms of third parties’ countermeasures which were expected in ARSIWA.