• Korea Trade Review
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• v.45 no.4
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• pp.1-24
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• 2020

This study aims to analyze the export effects of Korea-Canada FTA's tariff reduction, which was launched on January 1, 2015. First, as a groundwork, this study reviewed trade creation and trade diversion by investigating all possible cases of both initial FTA and additional FTA. The review was done by using the simple model of three countries assuming FTA means elimination of tariff. The review suggested that additional FTA doesn't have any negative impact on import country's social welfare contrary to initial FTA. In additional FTA, Trade diversion could happen between FTA partner countries, but it always increases import country's social welfare. In this sense, it can be called favorable trade diversion. Second, this study analyzed the export effects of Korea-Canada FTA using Clausing's product level model based on Canadian government import data from Korea which is not open to the public. It turned out that Korea-Canada FTA's tariff reduction boosted Canadian import growth rate from Korea. On the other hand, Canadian import growth rate from rest of the world was not negatively affected by Korea-Canada FTA's tariff reduction. Rather, it increased as Canadian import growth rate from Korea was higher. These findings implied trade creation rather than trade diversion of Korea-Canada FTA when it comes to Korea's export to Canada.

• Korea Trade Review
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• v.45 no.5
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• pp.181-200
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• 2020

The Korea-Canada FTA and the EVTA have adopted cross-cumulation clauses in their rules of origin, aiming at the enhancement of the value chains among the FTA parties. In fact, intricate rules of origin are often considered as the major cause that discourages the utilization of the agreement for the exporting firms. From this perspective, the correct understanding of cross-cumulation clauses in FTAs is an urgent mission for the Korean exporters as well, and the EVTA, which has recently introduced the cross-cumulation method in a linkage with the Korea-EU FTA provides the timely motivation. This paper first analyzes the Korea-Canada FTA of 2015 as for the case study, because this is a unique trade agreement for Korea that has already adopted the cross-cumulation clauses. It is concluded that the clause is rather vague, particularly in certifying the origins of the intermediate goods from the territory of an authorized third party. From this perspective, the recently-ratified EVTA is particularly important and meaningful with its clearer explanations for the utilization of the privileged rules of origin. The paper finalizes the study by making policy suggestions to the stakeholders, expecting more future FTAs to come equipped with similar cumulative rules of origin, and implies the possibility of the modification of the current clauses in the FTA with Canada.

• Journal of Environmental Impact Assessment
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• v.21 no.4
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• pp.525-541
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• 2012

This study aims to investigate the possibility of Investor-State Dispute under Korea US FTA in relation to Korean environmental impact assessment scheme. The study analyzes the Investor-State Dispute case between Bilcon of Delaware and the government of Canada. The case study shows that Bilcon challenged Canada with violations of NAFTA 1102, 1103 and 1105, arguing that Canada treated Bilcon in an arbitrary and discriminatory manner. The study analyzes two different scenarios that Korea could face with arbitration for alleged breach of its obligations under the Korea US FTA in relation to EIA scheme. From analyzing the case study in relation to two different scenarios, the study finds that problems previously identified and associated with EIA scheme in Korea could directly or indirectly cause Investor-State Dispute Settlement process between Korea and American investors. The study concludes that the risk of violating Korea US FTA related with Korean EIA could be reduced by creating Korean EIA scheme in a transparent and unarbitrary manner which guarantees fair public participation and elaborating the concrete meaning of sustainable development in EIA law.

• Journal of Arbitration Studies
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• v.24 no.1
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• pp.25-44
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• 2014

Conflict between transnational environmental issues and foreign investment in capital-importing states can be commonly found. Actually, several investor-state dispute arbitration cases like Bilcon v. Canada, S.D. Myers v. Canada, and Metalclad v. Mexico concerned environmental matters. States are worried about their measures for securing the environment might be deemed to go against international investment agreements and foreign investors also are anxious because of excessive regulations. Against this backdrop, stakeholders attempt to strike a balance between securing foreign investment and preserving the environment. This article argues that the investment chapter of the Korea-US FTA tries to solve environment-investment collision in investor-state disputes. Before analyzing the provisions of the investment chapter most relevant to environmental issues, this article points out the most typical types of environmental clauses included in international investment agreements. The investment chapter of the Korea-US FTA has provisions which effectively prevent measures from becoming useless when those measures are legitimate measures relevant to environmental matters. This does not mean that the Korea-US FTA completely solves the conflict between environmental issues and the protection of foreign investment, but still it paves the way for a prudent solution which would hash out this thorny problem.

• Korea Trade Review
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• v.43 no.1
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• pp.109-130
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• 2018

The cumulative standard is one of the criteria determining the origin of imported goods and is a provision that allows non-origin materials to be treated as origin goods when satisfying certain conditions. Regarding the Korea-Canada FTA, new cumulative standards were applied concerning cross accumulation of automobile products. It would benefit U.S. originating intermediate goods of HS code chapter 84, 85, 87, and 94 obtained into HS code heading from 8701 into 8706. We examine the effectiveness of crossover cumulative standards through the change in the import values of 84, 85, 87, 94, which are target items for cross cumulation. Only items designated for automobile parts were selected and analyzed. From the estimation results, significant changes appeared in 20 of the 35 items. It was found that the import amount increased significantly as of January 2015 or the rate of change in trend increases more than before. In addition, the estimation results show that Korean auto companies utilizing the cumulative standards through increased imports of auto parts form the U.S.

• International Commerce and Information Review
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• v.14 no.2
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• pp.369-387
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• 2012

Throughout intensive negotiations on the KORUS FTA and even after its ratification on March 15, 2012, ISD (Investor-State Dispute Settlement) has been at the center of many controversies within the FTA. Although the original function of the ISD is intended to be a protectional measure for foreign investors, there have been many foreign investors who tried to use the ISD as a tool to attack a government and nullify the public policy demanding tremendous amount of compensation. Many of the NAFTA ISD cases including Ehtyl v. Canada and UPS v. Canada demonstrate such a behavior by foreign investors. It is the right time for Korean government to conduct in depth studies on NAFTA ISD cases because the precedents provide invaluable insights including the legal reasoning by the decision making authorities including ICSID and UNCITRAL. The lessons we would learn from those cases would prepare Korean government for expected ISD claims by foreign investors and enable the government to maximize its efficiency in policy making process under a new international trade environment, the KORUS FTA.

• Fashion & Textile Research Journal
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• v.18 no.2
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• pp.139-148
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• 2016

There is an expanding global network of free trade agreements (FTA). High-quality, comprehensive free trade agreements play an important role to support global trade liberalization and are explicitly allowed under the World Trade Organization (WTO) rules. An FTA is an international treaty that removes barriers to trade and facilitates stronger trade and commercial ties that contribute to increased economic integration between participating countries. Korea benefits from the global FTA trend; however it has started and developed FTA negotiations later than other countries. Current FTA agreements exist with Chile, Singapore, EFTA, ASIAN, India, EU, Peru, USA, Turkey, Australia, and Canada; in addition, there are ongoing negotiations with China, Colombia, New Zealand, and Vietnam. FTA open up opportunities for the textile/clothing industry to expand businesses into key overseas markets. FTA improve market access across all areas of trade to help maintain and stimulate the competitiveness of textile/clothing firms. This study examines the expansion of free trade agreements in light of changes in the international trade environment and the status of the Korean textile/clothing industry. Korea's textile/clothing export/import products and concession of tariff, country of origin covered under Korea-US/China FTA are investigated to identify problems. This study provides practical and policy implications for the textile/clothing industry in regards to the Korea-US/China FTA.

• Journal of Korea Trade
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• v.24 no.6
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• pp.82-100
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• 2020

Purpose - This paper attempts to compare five free trade agreements with gender chapters ratified by Chile and Canada and derives lessons for Korea in terms of gender-aware trade policy. While Chile and Canada have three and two FTAs with gender chapter respectively, Korea has none so far, although it has already ratified an FTA with the two countries. Design/methodology - This study first investigates all the gender-provisions with the gender chapters, conducts a comparative analysis on the five chapters as well as a case study of one target FTA's implementation and achievements, and finally suggests policy implications for Korea's trade administration as well as trade-related agencies. Findings - According to the analysis, there are three phases in terms of advancement in gender-related trade policy. As Chile is in phase two and Canada is in phase three, Korea remains in phase one. It has a ministry related to gender within the government, but not within the OMT. It has statistics on female business, but not of women traders. It has a few gender-related provisions in its FTAs, but not a gender chapter. In this sense, new mandates related to gender-aware trade policy for OMT, KITA, and KOTRA should be provided to realize the concrete economic benefits resulting from empowering women traders and policies promoting them. Originality/value - Existing studies only focus on introducing gender-related international commitments and Korea's participation in them. This paper is the first attempt to compare actual gender chapters of five FTAs ratified by two countries with the most advanced gender chapters in the world. To gain benefits from the positive gender impact of trade agreements, negotiating and signing gender responsive FTA with future partners is one of the most efficient, as well as inclusive, trade policies urgently needed for Korea.

• International Commerce and Information Review
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• v.14 no.4
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• pp.409-431
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• 2012

This article deals with the nature of ISDS along with the admissibility thereof, for the settlement of investment disputes between states and nationals of other states. ICSID as an organization of World Bank Group, has been established in 1966 and as of May in 2011, 157 nations ratified its convention. As for the Republic of Korea(ROK) it has been involved in the problematic situation with regard to ISDS of the KORUS FTA in negotiation with the United States. The ruling Grand National Party is pushing the FTA for ratification including ISDS. However, the opposition party, the Unified Democratic Party rejected the ISDS with a view to a toxin infringing on its judiciary sovereignty. The ROK has invested in the US 3.5 times more than the US did in Korea up to now. As a result, it seems that the ROK is more concerned about ISDS than the US is, considering that exhausting local remedy through the US local courts, applying even a municipal ordinance in their decisions which will be unsatisfactory toward the ROK side. The ROK is now struggling with the ISDS as a political issue between the ruling party and the opposition party mostly based on sovereignty with a reference on AUSFTA which excluded the ISDS. Australian model about ISDS has been impacted by the experience from the NAFTA which allowes direct claims against each other(the US against Canada and Canada against the US). It seems not to be much sympathy for developed countries because it has long been held to standards for pressing on developing countries. Australia is also struggling with ISDS from the political point of view likewise the ROK. And the ISDS is destined to the political situations established within the domestic countries among the political parties in relation with the acceptance or rejection of thereof.

• International Commerce and Information Review
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• v.11 no.1
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• pp.441-463
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• 2009

FTA is acting as a central axis to accomplish the worldwide trade liberalization as FTA has been globally spreading with competition. As the global economic depression and the trend of new protectionism are getting grave, and the trade liberalization of GATT and WTO is getting delayed, FTA is spread as an alternative. FTA is often called as RTA: Regional Trade Agreement(regional free trade agreement) which takes place mainly around the neighbor nations or regular districts, and these days, it is tending towards agreements between long distant nations, so, it's not limited to the regular districts. Among the FTA agreement items, in addition to the customs abolition, the opening and investment liberalization of service market like finance, communication etc., intellectual property rights are included in the government's target range. Korea also is actively proceeding FTA conclusion. Korean government has concluded the agreements with Singapore, european nations beginning from Chile concluded in 2003, and is proceeding more the negotiations with Japan, Canada, Mexico, India etc. Now in 2009, FTA of Korea-United States is actually waiting for just the passage of assembly ratification. But, if FTA becomes effective, because our domestic market should be entirely opened, it is expected that the blow against our domestic agricultural field which is weak, compared with that of the United States, a nation of worldwide agricultural products, is not an ordinary one. According to it, we need a whole plan to cope with, so, the purpose of this study is to suggest the strategy by comparing and analysing the Korean agricultural competitive power, and to find the other development stratagem.