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The European Union and South Korea

The European Union and South Korea: the Legal Framework for Strengthening Trade, Economic and Political Relations

Edited by James Harrison
Copyright Date: 2013
Pages: 272
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  • Book Info
    The European Union and South Korea
    Book Description:

    Offers insights into the state of EU-Korea relations and considers potential lessons for other bilateral and regional initiativesThis book contains contributions by European and Korean experts in international law who each examine a particular aspect of the legal framework for EU-Korea relations, analysing the scope and substance of the relevant legal rules, as well as the opportunities and challenges for future cooperation. The contributions cover a wide range of policy areas, including trade, competition, and investment, as well as cooperation in non-economic areas, such as environmental protection and security policy, and aim to offer insights not only into the state of EU-Korea relations, but also potential lessons for other bilateral and regional initiatives.Key Features:> first major study of the recently concluded South Korea-EU FTA and its implications for relations between the two partners. an exciting collaboration between European and Korean authors with a range of knowledge and expertise in international law and EU law detailed analysis of the key provisions of the South Korea-EU FTA discussion of potential opportunities and challenges for future relations between the two partners.

    eISBN: 978-0-7486-6861-8
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-vi)
  3. Acknowledgements
    (pp. vii-vii)
  4. List of Contributors
    (pp. viii-x)
  5. List of Figures and Tables
    (pp. xi-xi)
  6. Table of Principal Treaties
    (pp. xii-xiv)
  7. PART I The Legal and Policy Context for EU–Korea Relations

    • 1 An Introduction to the Legal Framework for EU–Korea Relations
      (pp. 3-20)
      James Harrison

      In 2010, the European Union (EU) and the Republic of Korea¹ launched a strategic partnership, through which they agreed to closer cooperation on a range of matters, spanning trade, investment, sustainable development and international peace and security.² This book is concerned with the nature and depth of this cooperation and how the partnership is likely to develop over time. More specifically, it will focus on the proliferation of legal instruments, which has accompanied the strengthening of trade, economic and political relations between the EU and Korea.

      Particular attention will be paid to two instruments, which were concluded at the same...

    • 2 The EU–Korea FTA: The Legal and Policy Framework in the European Union
      (pp. 21-40)
      Justyna Lasik and Colin Brown

      The Free Trade Agreement (FTA) between the European Union and its Member States of the one part, and the Republic of Korea on the other part¹ is the most important trade agreement concluded by the European Union (EU) since the conclusion of the Marrakesh Agreement establishing the World Trade Organization (WTO) in 1994. This contribution seeks to place the EU–Korea FTA in respect to the policy and the legal framework of the European Union.²

      In October 2006, the European Union announced its renewed trade strategy in the Global Europe Communication.³ It established an integrated approach, detailing how to effectively...

    • 3 The Policy and Institutional Framework for FTA Negotiations in the Republic of Korea
      (pp. 41-54)
      Younsik Kim

      The EU–South Korea Free Trade Agreement (FTA) is one of many FTAs to have been negotiated by the Korean government over the past decade. The purpose of this chapter is to provide an overview of Korea’s policy and institutional framework for the negotiation of FTAs. It also makes some suggestions concerning measures that should be taken to ensure the smooth implementation of the EU–Korea FTA in Korea, in favour of the sound long-term development of EU–Korea relations.

      Although Korea has negotiated many FTAs for its national prosperity over the last decade, some of these FTAs have provoked...

  8. PART II Trade and Economic Integration between the EU and Korea

    • 4 Overview of the EU–Korea Free Trade Agreement
      (pp. 57-65)
      James Harrison

      After eight rounds of negotiations, lasting almost two-and-a-half years, the Free Trade Agreement between the European Union and its Member States of the one part, and the Republic of Korea of the other part was initialled on 5 October 2009, and it was officially signed on 6 October 2010.¹ The Agreement was provisionally applied from 1 July 2011, pending its formal entry into force, which will occur when it is fully ratified by the EU, all twenty-seven Member States and Korea.²

      In many senses, the Free Trade Agreement (FTA) is a logical progression from the Framework Agreement on Trade and...

    • 5 Trade in Goods under the EU–Korea FTA: Market Access and Regulatory Measures
      (pp. 66-86)
      Boris Rigod

      The EU ranks as Korea’s fourth largest import and export partner, right after China, Japan and the United States. Trade with the EU accounts for approximately 10 per cent of Korea’s external commerce. In 2010, Korea exported 38 billion euros worth of goods to the EU, more than 90 per cent of which was manufactured products – the bulk of them consisting of machineries and transport equipment. Korea, for its part, is the EU’s ninth largest trading partner, accounting for about 2.3 per cent of EU external commerce. In 2010, the majority of exports to Korea were, likewise, manufactured goods, representing...

    • 6 Some Reflections on Competition and Subsidies under the EU–Korea FTA
      (pp. 87-101)
      Jae Ho Sung

      The Organisation for Economic Co-operation and Development (OECD) Member States have agreed that further efforts towards international cooperation for standardisation of competition policies, based on comity, are necessary.¹ Five types of international cooperation were suggested by the OECD Secretariat: voluntary acceptance, based on OECD recommendations; bilateral agreement, relevant to competition; a competition chapter in bilateral or regional Free Trade Agreements (FTAs); a multi-party agreement, among more than three states and; multilateral agreements, concluded under the auspices of an international organisation, such as the World Trade Organization (WTO). In addition, the creation of a new global body responsible for the adoption...

    • 7 The Legal Framework for Investment Protection between the European Union and Korea: Towards a Level Playing Field for Investors?
      (pp. 102-123)
      James Harrison

      Investment has traditionally been regulated at the international level, through bilateral investment treaties (BITs). Each of these instruments contained its own set of rules and dispute settlement procedures relating to investment protection. Such treaties commonly contained provisions relating to the fair and equitable treatment of investments, as well as other substantive standards of protection. Even though there were similarities in these BITs that had been concluded by states, there was no uniform practice.

      The purpose of this chapter is to demonstrate the diversity in the standards of protection offered by existing BITs, concluded between EU Member States and Korea, and...

    • 8 Innovations and Implications of the Trade and Sustainable Development Chapter in the EU–Korea Free Trade Agreement
      (pp. 124-146)
      Gracia Marín Durán

      As previous contributions to this volume have illustrated, EU–Korea trade and economic relations have been significantly broadened and strengthened with the conclusion of the bilateral Free Trade Agreement (FTA)¹ in October 2010, which followed the launch of negotiations on new ‘competitiveness-driven’ FTAs and the designation of Korea as a ‘priority partner’ in the Global Europe Strategy adopted by the EU in November 2006.² In the words of the European Commission, the EU–Korea FTA is ground-breaking, as the first such trade deal to be concluded by the Union with an Asian country and containing the most comprehensive trade provisions...

  9. PART III Beyond Trade and Economic Cooperation:: Wider Issues in EU–Korea Relations

    • 9 Overview of the EU–Korea Framework Agreement
      (pp. 149-159)
      James Harrison

      Negotiations for the Framework Agreement between the European Union and its Members States on the One Part and the Republic of Korea on the Other Part¹ were started at around the same time as the negotiations for the EU–Korea Free Trade Agreement (FTA). This reflects the policy of the EU that economic liberalisation should only be addressed as part of a broader agenda of cooperation with partner countries.²

      The Framework Agreement was finally concluded in May 2010.³ It provides a legal basis for cooperation between the EU and Korea in a range of subject areas, and it is central...

    • 10 A Common Institutional Framework for EU–Korea Relations
      (pp. 160-176)
      Young Lo Ko

      As part of the agreement to upgrade their bilateral relations to a strategic partnership, the EU and Korea signed the Free Trade Agreement¹ and a new Framework Agreement² in 2010. These agreements, together with other sectoral agreements, form part of the so-called ‘common institutional framework’ (CIF). The unique form of the EU–Korea CIF is the outcome of a compromise, accommodating the diverging demands of Korea and the EU. On the one hand, the EU wished to construct a unified framework, which placed the FTA in a wider context of overall bilateral relations, following the EU’s Global Europe Strategy.³ On...

    • 11 Cooperation in the Field of International Peace and Security: A Newcomer to the Legal Framework for EU–Korea Relations
      (pp. 177-193)
      Hae-Won Jun

      The inclusion of international peace and security is one of the most notable developments in the new EU–Korea Framework Agreement, in comparison with the 1996 Framework Agreement for Trade and Cooperation. The 1996 Agreement largely focused on the economic aspects of cooperation, leaving security issues largely untouched. By contrast, security cooperation is mentioned frequently in the preamble to the new EU–Korea Framework Agreement, and this issue is incorporated into several substantive articles. Moreover, to mark the importance of security cooperation, the articles on security cooperation appear earlier than that on economic cooperation, that is, from Articles 4 to...

    • 12 Environmental Cooperation between the EU and Korea
      (pp. 194-211)
      Elisa Morgera

      This chapter will discuss environmental cooperation between the EU and Korea against the background of the law and practice of the EU’s external relations. It will identify environment-related provisions in the EU–Korea Framework Agreement¹ and contrast them with other bilateral agreements concluded by the EU with third countries. It will then discuss two means of implementation: political dialogue and EU external funding. By fostering better understanding of the peculiarities and ambitions of the EU’s approach to environmental integration in its external relations, the chapter will conclude by emphasising the opportunities and limitations of dialogue to strengthen environmental cooperation between...

    • 13 The Legal Framework for EU–Korea Climate Change Cooperation: Opportunities and Challenges under the Framework Agreement and Free Trade Agreement
      (pp. 212-228)
      David Rossati

      Climate change is a threat of global dimensions requiring concerted action at the international level. The first global initiative to address the matter by the international community dates from 1992, when delegates at the UN Conference on Environment and Development signed the United Nations Framework Convention on Climate Change (UNFCCC).¹ Following its entry into force in 1994, state parties initiated a negotiating path, in order to implement the principles and the ultimate goal of the Convention.² In 1997, this culminated in the adoption of the Kyoto Protocol, which imposes quantified greenhouse gasses (GHGs) limitations and reductions on developed countries for...

    • 14 Cooperation in the Field of Personal Data Protection: One World, One Standard?
      (pp. 229-242)
      Il Hwan Kim

      On 24 January 2012, Google announced that, beginning 1 March 2012, it will synthetically manage all personal information obtained from around 60 of its services, including its search engines, e-mail (Gmail) accounts, YouTube and social networking services.¹ As the world’s largest search engine, Google aims to provide more accurate and customised services, by checking the history of services that each Google account holder has been using. The company policy stipulates that it will no longer ask the user to give separate permission related to information integration. This announcement, however, is drawing fierce opposition from major civic groups in the United...

  10. Index
    (pp. 243-250)