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A Study on the Proposals of Environmental Clauses in Korea-China FTA

  • DONG-A LAW REVIEW
  • 2013, (60), pp.403-431
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Sun Young Oh 1

1숭실대학교

Accredited

ABSTRACT

Countries are increasingly integrating trade and environmental issues in FTAs. Korea and China need to enter into negotiations of environmental provisions in their FTA by reasons of that both countries adjoining each other have to solve common environmental problems shared and to contribute to the overarching goal of sustainable development. Therefore, this paper shows how environmental clauses have to be dealt with and how to negotiate environmental commitments in Korea-China FTA. In order to develop ideas, first of all, this paper analyzed key provisions related to environment in FTAs that are already come into force, and then, this paper gave an overview of environmental provisions in FTAs that each country made an agreement with other parties. Upon this analysis, this paper suggested possible types of environmental commitments for their common interests. It is better that environmental clauses are inserted in the related Chapters rather than independent Environment Chapter is established just like KORUS FTA has. But detailed and concrete provisions to implement such provisions in both countries need to be added in environmental side agreements such as Environment Cooperation Agreement. In addition, it must deal with environmental issues do so in the form of commitments by both countries to cooperate on environmental matters, and approaches including capacity building and clearing house need to be set because these are important in easing the tensions and in educing mutual support to improve environmental management. It should be added that environmental assessment is very significant in both areas because it has now become a critical tool for anticipating and managing the environmental impacts associated with increases in the volume of trade. Most important strategy to succeed in achieving both goals of free trade and environmental protection, Korea-China FTA recognizes discrepancy in ability to achieve such goals, both countries need to determine the scope of environmental negotiation to get benefits of environmental provisions, to strengthen enforcement of environmental laws and to raise the level of environmental standards, establishing environmental cooperation in environmental matters.

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