한－중 FTA상의 분쟁해결제도 －공공참여 확대를 통한 투명성 제고방안을 중심으로－
Dispute Settlement Mechanism under the Korea-China Free Trade Agreement -With Special Emphasis on the Enhancement of Transparency by Extending Public Participation-
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This article reviewed and proposed desirable dispute settlement mechanisms under the Korea-China Free Trade Agreement (FTA) with a view to enhancing a transparency by extending public participation. The FTA, like the World Trade Organization(WTO), has been often criticized for insufficient transparency and for a lack of participation opportunities for private individuals and the public. Since the FTAs have affected enormously, directly and indirectly, not only national economy and society but also daily life of the public, relevant stakeholders must be allowed to participate in the process of not only negotiation but also trade dispute settlement. It should be noted that the FTA designed for economic integration between Korea and China with enormous market is expected to affect greatly Korean national economy and society because of geological vicinity, and full support and cooperation from the public is indispensable for the effective implementation of agreed provisions under the Korea-China FTA. Therefore, the public participation in the dispute settlement procedures is very important for the successful operation of FTA, and will be a basis to be developed into the (North) East Asia Economic Community. The public participation in procedures for resolving trade disputes caused by the implementation of the FTA may contribute to securing policy democratization and legitimacy. With a view to securing full support from the public for successful implementation of the FTA, the proper participation in the dispute settlement process should be guaranteed as a right of individuals and the public. Since decision making and policy enforcement excluding public participation may cause a distrust in government policy, legal and institutional guarantee of public participation may enhance the legitimacy and confidence in national policy.
Abstract
This article reviewed and proposed desirable dispute settlement mechanisms under the Korea-China Free Trade Agreement (FTA) with a view to enhancing a transparency by extending public participation. The FTA, like the World Trade Organization(WTO), has been often criticized for insufficient transparency and for a lack of participation opportunities for private individuals and the public. Since the FTAs have affected enormously, directly and indirectly, not only national economy and society but also daily life of the public, relevant stakeholders must be allowed to participate in the process of not only negotiation but also trade dispute settlement. It should be noted that the FTA designed for economic integration between Korea and China with enormous market is expected to affect greatly Korean national economy and society because of geological vicinity, and full support and cooperation from the public is indispensable for the effective implementation of agreed provisions under the Korea-China FTA. Therefore, the public participation in the dispute settlement procedures is very important for the successful operation of FTA, and will be a basis to be developed into the (North) East Asia Economic Community. The public participation in procedures for resolving trade disputes caused by the implementation of the FTA may contribute to securing policy democratization and legitimacy. With a view to securing full support from the public for successful implementation of the FTA, the proper participation in the dispute settlement process should be guaranteed as a right of individuals and the public. Since decision making and policy enforcement excluding public participation may cause a distrust in government policy, legal and institutional guarantee of public participation may enhance the legitimacy and confidence in national policy.
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