Date of Award
Doctor of Juridical Science (SJD)
The aim of this dissertation is to delve into solutions for making Korea's FTA greener. The main question is whether and how Korea's FTA policy towards sustainable development may be sustainable. In answering this question, I critically reviewed the structure of the Environment Chapter of Korea’s FTA as well as its main contents. I also scrutinized the meaning of each provision and its significance in practice. Based on the analysis, I made suggestions on what strategies and contents are needed for Korea in its future FTA negotiations.
Firstly, Korea needs to initiate future FTA negotiations on the environment with its own model text. It is necessary to maintain uniform positions on key issues in negotiation and reduce compliance costs in implementation. This dissertation proposes core elements, implementing structures and dispute settlement procedures for the Environmental Chapter of Korea's model text.
Secondly, it is necessary to establish procedures and systems to integrate environmental considerations in the trade policy making process. The current Trade Treaty Conclusion Procedure Act fails to reflect environmental concerns in trade negotiation processes, -amending the Act is a key requirement. Particularly, sustainable development should be specified as an objective of trade negotiation. Such a mandate ensures that environmental considerations can be incorporated into trade negotiation processes.
Thirdly, it is necessary to conduct environmental assessments before entering FTA negotiations. Such reviews may provide an opportunity for policy makers and negotiators to evaluate environmental effects from a trade agreement and take necessary actions to mitigate foreseeable negative consequences.
Kang, Jun Ha, "Environment Chapter in Korea's FTA: Suggestions for Korea's Model Text" (2015). Maurer Theses and Dissertations. 25.