NAFTA 환경관련 투자중재사건 분석과 한미 FTA에의 시사점

• 영문명: Analysis of Environment-Related Investment Arbitration Cases under NAFTA and Their Implications for the Korea-U.S. FTA
• 발행기관: 한국중재학회
• 저자명: 박덕영 이서연
• 간행물 정보: 『중재연구』 제22권 제2호, 103~124쪽, 전체 22쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2012.08.30

영문 초록

Because the Korea-U.S. Free Trade Agreement (Korea-U.S. FTA) and the North American Free Trade Agreement (NAFTA) have an overlapping contracting party, the United States, their provisions have much in common. The investment chapters of these agreements, especially, show many similarities, and thanks to these similarities, it is likely that the Korea-U.S. FTA arbitration tribunal for investor-state disputes regarding the environment will put great weight on the NAFTA tribunals’ interpretations of those similar provisions. Since the NAFTA tribunals have already handled many environment-related arbitration cases, their interpretations will help heighten the predictability of environment-related Korea-U.S. FTA arbitration cases. This paper analyzes the environment-related NAFTA cases in which the tribunal has issued an award, which are the Metalclad case, S.D. Myers case, Waste Management case, Methanex case, Glamis Gold case, and Chemtura case. According to this analysis, the most controversial NAFTA provisions have been Article 1102 (national treatment), Article 1105 (minimum treatment standard, fair and equitable treatment), and Article 1110 (expropriation). The NAFTA tribunals applied the requirement of these articles in a strict manner, reducing the possibility of finding a violation. After the aforementioned analysis, this paper proceeds to compare the national treatment, minimum treatment standard (fair and equitable treatment), and expropriation provisions of the Korea-U.S. FTA and NAFTA and to predict the impact that the environment-related awards under NAFTA can have on environment-related Korea-U.S. FTA cases. It is expected that the NAFTA interpretations of the national treatment and minimum treatment provisions are likely be used as they are, but not the interpretations of expropriation, because of the differences in the expropriation provisions of the two agreements.

목차

Ⅰ. 서론

Ⅱ. 환경관련 NAFTA 투자중재사건의 분석

Ⅲ. FTA 투자챕터 내의 환경 관련 규정

Ⅳ. 결론

참고문헌

ABSTRACT

키워드

한미 FTA NAFTA 내국민대우 대우의 최저기준 공정·공평한 대우 간접수용 Korea-US FTA National Treatment Minimum Standard of Treatment Fair and Equitable Treatment Indirect Expropriation