CPTPP와 USMCA 무역구제 챕터 비교·분석 - 향후 협상에서의 함의를 중심으로 -

This paper analyzes the trade remedy chapters included in the Coprehensive and Progressive Agreement for Trans-Pacific Partnership, CPTPP and the United States-Mexico-Canada Agreement, USMCA , the latest Free Trade Agreement (FTA) in which the United States took the lead in negotiations. In general, the trade remedy chapter in the FTAs plays a role in making it more difficult to utilize trade remedy measures between contrating Parties. This feature is also evident in the CPTPP and USMCA, especially in the USMCA, which emphasizes meaningful participation of all interested parties and institutionalizes measures to reduce the possibility of abuse of anti-dumping and countervailing measures. It allows an independent panel to review the final decisions of the contracting Parties. However, it should also be noted that there is a growing possibility of weaponization which increases the risk of discrimination against non-contracating Parties by making the Parties use trade remedy measures more actively and aggressively. This includes the introduction of anti-dumping and countervailing duty evasion cooperation clause and the emphasis on using self-initiation of investigations.