• 아태비즈니스연구
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• 제14권1호
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• pp.381-396
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• 2023

Purpose - The purpose of this study was to analyze environmental and labor issues and related norms, which are new trade issues that are expanding in bilateral and multilateral trade agreements, and examine the possible impact of these norms on domestic fisheries policies. Design/methodology/approach - In this study, literature research was used as the main research methods. The comparative analysis of international norms and multilateral trade agreements texts related to the environment, labor and trade were conducted. Findings - The new trade norms in the fisheries sector can be represented by labor and environment issues. Since domestic environmental and labor standards do not fully meet the standards of the multilateral trade agreements, it is necessary to ensure that domestic norms are supplemented and relevant policies are newly established through a review of international law on environment and labor. Research implications or Originality - This study confirmed that international norms related to labor and environment in the fisheries sector are mixed with soft norms and binding norms, and each norm is linked in a multi-layered and mutual way. Such international norms are being strengthened in connection with trade agreements and issues.

• 무역상무연구
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• 제12권
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• pp.615-641
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• 1999

Trade and the environment emerged as a major and complex issue for trade negotiators in the final stages of the Uruguay Round negotiations. The agreements and other international measures employing trade measures and trade sanctions for achieving global environmental objectives are Vienna Convention on the Protection of the Ozone Layer(1985), the Montreal Protocol on Substances that deplete the Ozone Layer(1987), The Framework Convention on Climate Change(1992), the Convention on Biological Diversity(1992), the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal(1992), the Convention on International Trade in Endangered Species of Wild Faunna and Flora(1975), the Rio Declaration, the Agenda 21, etc. The texts of the World Trade Organization(WTO) incorporated certain provisions which were designed to reflect some of the environmental concerns are Trade-Related Aspects of Intellectual Properity Rights(TRIPs), Trade-Related Investment Measures (TRIMs), the General Agreement on Trade in Services(GATS), and Technical Barriers to Trade(TBT) There is the possibility of conflict between multilateral environmental agreements and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility, especially between countries which are Member of WTO and which are not Members of the relevant multilateral environment agreements, and countries which are Members of both the WTO and the relevant MEAs. Measures taken under the trade-related provisions of MEAs could potentially give rise to conflicts under obligations arising in WTO texts. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms and vice versa. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority. However, such measures should neither constitute a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Also any trade measures taken should be necessary to prevent developments in trade from endangering the effectiveness of an MEA and they should be proportional and least trade restrictive.

• 무역학회지
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• 제47권4호
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• pp.15-33
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• 2022

This study is to investigate multilateral environmental agreements,mainly UNFCCC on the primary export industry of Korea and to make a policy recommendation. Mostly literature reviews are focused on the traditional multilateral environmental agreements and the for the most part analysis are conducted prior to the Paris agreement. The result of survey indicates that many companies have not yet felt burden on their business due to UNFCCC(decarbonization) and have monitored the related policies. But the companies ask the government for strong incentives. The paper implies that enforcing strong government incentives, upgrading usage of the nuclear power, improving the related government legislation, setting up the special task force team with government and private sectors are needed.

• 무역상무연구
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• 제14권
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• pp.349-370
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• 2000

The environmental problems such as global climate change, global waming, ozone depletion, environmental pollution have been caused by the rapid economic growth, increasing in use of fossil fuels for industrialization and scientific technology development. Especially human activities are significantly altering the atomosphere's composition and its radiative properties. To Stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, the international community adopted the UN Framework Convention on Climate Change in 1992 and Kyoto protocol in 1997. Also to protect ozone layer the international community adopted the Vienna Convention for the Protection of the Ozone Layer in 1985, and the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987. To achieve global environmental objectives, some multilateral environmental agreements includes trade regulation. For example, Montreal Protocol includes the provisions to regulate the world trade of the sudstances which might destroy ozone layer. However Kyoto Protocol has no provisions to regulate trade and is not in force yet. Although there is no trade regulation article in Kyoto Protocol, the international world trade will be influenced by limitation and reduction of CO2 and strengthening the CO2 emission standard for import good. For example Korean car industy agreed with EU to reduce CO2 emission from new passenger car and Korean Semiconductor industry agreed with WSC(World Semiconductor Council) to reduce PFCs in 1999.

• 해양환경안전학회:학술대회논문집
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• 해양환경안전학회 2017년도 추계학술발표회
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• pp.222-222
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• 2017

• 통상정보연구
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• 제10권4호
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• pp.439-455
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• 2008

The SPS Agreement, concluded in the Uruguay Round for the purpose of controlling SPS risks, has traditionally been recognized to maintain the narrowest scope of application compared with TBT Agreement and GATT in relation with environmental provisions. Contrary to such an understanding on the scope of the SPS Agreement, the panel in the EC-Biotech case found that the SPS Agreement extends to regulate trade-restrictive measures on Genetically Modified Organizations(GMOs) causing health and environmental risks. This expanding scope of the SPS Agreement would have substantial influence on domestic environmental regulations as well as Multilateral Environmental Agreements(MEAs). This paper discusses the consequences of an expanding ambit for the WTO SPS Agreement through the designation of a wider range of health and environmental regulations affecting trade as SPS measures. As a result, not only precautionary measures on GMO risks, but also other health and environmental measures with trade impacts, could be subject to SPS control, and consequently, the institutional rigors of the WTO regime. However, strict and literal interpretation of the SPS provisions to expand its applicable scope would cause concerns about the WTO's intervention on the purely environmental measures. Pursuing harmonized and flexible interpretation of provisions on environment-related conflicts as well as accepting precautionary principle included MEAs will contribute to reduce such kind of concerns.

• 통상정보연구
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• 제11권1호
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• pp.379-403
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• 2009

The Purpose of this study is to research the problems of trade restriction for an environment protection. Environmental regulation relate to trade are Convention on International Trade in Endangered Species of Wild Fauna & Flora, Montreal Protocol on Substances that Deplete the Ozone Layer, Kyoto Protocol to the UN Framework Convention on Climate Change, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes & Their Disposal, Cartagena Protocol on Biosafty and WTO Agreement. Regulatory action for environmental protection has economics instrument, command & control, liablity, damage compensation, voluntary agreement. In the case of our country, impact of regulatory action for environmental protection is low. Because is recognized position of developing country yet. For in the balance rules of trade and enviroment, First must satisfy WTO's basic principles and principle of quantitative restrictions prohibition, Second, operation of protection action must reasonable and objective standards Third, must satisfy GATT article 20 (b) clause and (g) protestation each essential factor To grow for environment advanced country, we should do i) using of FTA ii) international cooperation strengthening for developing country position iii) construction of environment information network

• 환경정책연구
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• 제5권4호
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• pp.107-126
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• 2006

위협으로 뒷받침되는 강제된 자발적 협약은 정부가 원하는 재활용 목표를 최소비용으로 재활용할 수 있게 한다. 이 논문에서는 재활용에 관한 정부와 산업계의 자발적 협약을 경기(game)상황으로 이해하고 경기의 균형이 존재하는지 그리고 그 균형은 관련 산업 전체의 비용최소화를 보장하는지 검토하였다. 먼저 업계 전체를 당사자로 하여 대표인 협회와 정부 간의 쌍무 협약에 있어서 협약 참가자의 전략을 검토하고 업계의 비용최소화 전략이 Nash 균형 (SPNE)인지 여부를 판정함으로써 정부에서 기대하는 비용최소화 조건을 충족시키는지 검증하였다. 다음에는 협회와 회원 기업 간의 다자간 협약을 바탕으로 무임승차가 존재하는 경우와 그렇지 않은 경우로 나누어 개별 기업의 비용최소화 전략이 어떻게 균형을 가져오게 되는지 검토하였으며 마지막으로 이러한 이론적 분석결과가 현실의 정책평가에 어떻게 활용될 수 있는지 그 가능성을 검토하여 보았다.

• 환경정책연구
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• 제1권1호
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• pp.111-128
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• 2002

The Ministerial Declaration of the 4th WTO Ministerial Meeting at Doha in November 2001 announced the launch of the New Round and a completion date of January 1st, 2005. It agreed to eventually negotiate trade and environment linkage issues, such as the relationship between the WTO rules and Multilateral Environment Agreements and the reduction or elimination of tariff and non-tariff barriers to environmental goods and services. The Committee on Trade and Environment was instructed to pursue work on all items on its agenda within the current terms of reference and to give particular attention to the effects of environmental measures on market access, relevant provisions of the TRTPS Agreement, and labelling requirements for environmental purposes. This means that far the first time, the members of the WTO will discuss and negotiate trade and environment linkage in the framework of multilateral trade negotiation. Korea, from the standpoint of a smaller open economy heavily dependent on international trade, is obliged to overcome the challenges imposed by the environment agenda in the Doha declaration. This study examined the linkage among environment, economic growth and international trade in order to review the possible trade and environment policy implications in Korea. Mutual supportiveness of trade and environment depends much on the effectiveness of trade and environment policy coordination. In this regard, we conclude that the Korean government should provide an appropriate institutional framework to promote closer cooperation among policy makers engaged in negotiations. Trade and environment policy review and environmental impact assessment of trade negotiation should be considered as a work programme of this institutional policy coordination framework.

• 무역상무연구
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• 제69권
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• pp.567-588
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• 2016

Korea-China FTA and Korea-U.S. FTA are the most significant FTA in volume and economic effect for Korea's perspective. Developed countries have dealt with environmental issues one of the main issues in FTA negotiation, while developing countries have been reluctant to it. Both Korea-China FTA and Korea-U.S. FTA have separate environment chapter respectively. A separate environment chapter was firstly introduced in Korea-U.S. for Korea's perspective. Both environment chapters provide high level of environment protection, recognition of multilateral environmental agreements, enforcement of environmental laws, and environmental cooperation. Both environment chapters require that each party make effort to improve environmental laws and measures. Korea-China FTA provides establishment a "Committee on Environment and Trade", and Korea-U.S. FTA provides establishment a "Environment Council" to oversee the implementation of environment clauses. Korea-China FTA and Korea-U.S. FTA have very similar provisions on environment and trade, and are expected to contribute to enhancing environment protection. However, a lot of provisions are somewhat declaratory rather than mandatory. Therefore, further environmental cooperation is encouraged to achieve the goals and objectives of the environment clauses and FTA.