한ㆍ중ㆍ일 경제공동체 모델 구축에 관한 연구

Abstract

Economic globalization and regional economic community are becoming two trends of the world economic development. With the end of the Cold War and formation of WTO, economic globalization is entering a new stage on the basis of the integration of international market and the formation of legally binding international trade norms. However, because of the failure of the 4th Doha Round of talks in 2003, it makes many Countries realize the limits of multilateral trade system. So, nowadays, regional economic community is developing at high speed and becoming a new international economic cooperation form. Generally speaking, the types of regional economic community comprise FTA, Customs Union, Common Market, Economic Union and complete economic integration. With development and formation of regional economic community, Korea, China and Japan have realized the importance and urgency of institutionaliza- tion of economic cooperation among three Countries. Since the conclusion of China-ASEAN FTA, Korea, China and Japan all have begun to conclude RTA with the other Countries or regional organization. Furthermore, Korea, China and Japan are separately negotiating or have concluded a bilateral FTA with ASEAN. At present, Korea-China, Korea-Japan and China-Japan BITs were concluded among three Countries, and are expected to develop into regional investment treaty among three Countries. Korea, China and Japan are exploring and discussing a promotion plan for the investment security and the liberalization. However, the promotion of RTA among three Countries has not completely succeeded. Korea-Japan FTA negotiation which began in 2003 is in a suspended state because of Korean anxiety about the possible damage of manufacturing and Japanese anxiety about the possible damage of agricultural sectors. And the industry-government-academia joint study of Korea-China FTA had been finished, but Korea and China can not begin to negotiate Korea-China FTA because of Korean anxiety about possible damage of the agricultural field. Recently, with a prominent regionalization of the global economy, a construction plan of the Northeast Asian economic community is actively discussed. However, the plan was not realized. Korea, China and Japan are promoting the economic cooperation in the various fields, but Korea-China- Japan FTA can not be concluded and are in a process of industry- government-academia joint study. There are the world's highest economic growth rates, potential powers and high trade dependence in Northeast Asia, so that Northeast Asian area can be called the most dynamic economic region in the world. Therefore, if the Northeast Asian economic community does not form, it is unfavorable for the international competition of Northeast Asian Countries, regional economic development and improvement of the global economic position. As the central Countries of Northeast Asia, from the GDP, trade volume, foreign exchange reserves and the population, Korea, China and Japan have the potential powers which can develop into one of the three major economic blocs including Europe and North America. At the Trade Ministers' Meeting among Korea, Japan and China on 23 May 2010, three Ministers discussed the high possibility of development from Trade Ministers' Meeting's regularization to the conclusion of investment agreement, FTA and to Northeast Asian economic integration. And the promotion of Korea-China-Japan FTA was discussed at the meeting. At the 3rd Korea-China-Japan summit meeting on 29-30 May 2010, the summits also discussed and exchanged opinions on the establishment of common market in the long term, concluding the investment agreement within the year of 2010 and promoting FTA. Though the conclusion of Korea-China-Japan FTA is an important project, Korea, China and Japan are sure that the FTA among three Countries will and need to be concluded because they have reached an agreement on an economic community vision at the 3rd Korea-China-Japan summit meeting. In this sense, it seems to be significant that Korea, Japan and China build Northeast Asian economic community on the basis of conclusion of FTA. But now it is impossible to build Northeast Asian economic community including China, South Korea, North Korea, Japan, Russia and Mongolia, so Korea-China-Japan economic community is supposed to be firstly established. With the spread of regionalism, Korea-China-Japan economic community is mostly studied on economically, and until now there are not so many studies in international law area. If a specific regional economic community forms, it is essential to build organs, system or policy for its operation and management. Although there are political conflicts and economic obstacles in the process of building Northeast Asian economic community, in response to the trend of global economic development, Korea, Japan and China have realized that it is necessary to build an economic community in Northeast Asia by an attitude of open regionalism. Considering these aspects, this thesis decided to study the necessity and legal basis for the building of Korea- China-Japan economic community from the perspective of international law. And what's more, in order to enhance economic cooperation among three Countries, they have realized that it is important that the binding Korea-China-Japan economic community is built legally. In this thesis, the study for Korea-China-Japan economic community was mainly performed by methods in literature study as well as the case analysis. In order to study the ideas of Korea-China-Japan economic community, the viable plans on the concrete development path of institutionalization of economic cooperation was proposed by studying and analyzing possibility and the obstacles on economic cooperation among the three Countries. By analyzing the different regional economic integration organizations, 'the contents of the establishment treaty of Korea-China-Japan economic commu- nity', establishment object, fundamental principles, legal status of activity field, activities procedures, implementation of organs' resolution, the establishment and functions of main organs and so on are necessary for the building of Korea-China-Japan economic community model. Korea, China and Japan are facing many restrictions in building Korea- China-Japan economic community because of the imbalance of economic development level, historical issues, territorial disputes, maritime disputes and political conflicts among the three Countries. But these barriers can not block the establishment of Korea-China-Japan economic community. In this sense, the NAFTA is a very special model case. Because the economic obstacles can be overcome by fully using subsidiary, adequately considering the interests of each country, eliminating tariffs in steps, and implementing national compensation policy in vulnerable sects on the basis of mutual benefit and win-win principles from now on. In fact, the political conflicts among Korea, China and Japan are not a major problem in comparison to the conflicts between France and Germany in the EU integration process. A Korea-China-Japan permanent secretariat will be established next year. The establishment of Korea-China-Japan permanent secretariat will not only institutionalize the economic cooperation among the three Countries but also become an important a steppingstone in building East Asian community, concluding Korea-China-Japan FTA, forming Korea-China-Japan economic community or furthermore Northeast Asian community. With institutionalizing the Korea-China-Japan economic cooperation, the various political pending issues among the three Countries will be settled. As a completion stage of the institutionalization of economic cooperation, the development directions and procedures of Korea-China-Japan common market are suggested in the conclusion of this thesis. If Korea-China-Japan common market will form, it will be enlarged to North Korea, Mongolia, Russia and form a real Northeast Asian common market. The formation of Northeast Asian economic community will be able to build the foundation for coexistence and common prosperity in Northeast Asi- a. And it can also increase economic benefits, enhance cooperation in politics, culture, security, environment and other fields, and resolve political conflicts. As one axis of Northeast Asian community, Northeast Asian common market has a crucial role in the process of building Northeast Asian community. Northeast Asian common market, such as EU, can lead to more cooperation in many fields, continue to expand and finally develop into Northeast Asian community. But Northeast Asian community is not a supranational organiza- tion, has no supranational organs and is an intergovernmental cooperation organization. The formation of the Northeast Asian community is favorable not only for the regional peace and prosperity but also for the world peace and stability. It can create a favorable environment for a long-term economic development in Northeast Asia and even in the global economic development.