CPTPP상 규제일관성과 USMCA상 모범규제관행에 관한 연구

Abstract

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter, CPTPP) was signed on March 2018, with the adoption of the “de novo” Chapter on Regulatory Coherence. The CPTPP Regulatory Coherence Chapter has influenced on the modernization of the North American Free Trade Agreement (hereinafter, NAFTA). Later, its name was changed from NAFTA to the United States-Mexico-Canada Agreement (hereinafter, USMCA). The adoption of the USMCA Good Regulatory Practices Chapter was based on the CPTPP Regulatory Coherence Chapter, however, the level of the obligations set out in the former is higher than the latter.
 It is noteworthy that the Republic of Korea has initiated its Indo-Pacific Economic Framework for Prosperity (hereinafter, IPEF) negotiations from 2022, and that the IPEF Ministerial Statements refers to the “IPEF Good Regulatory Practices Chapter”. Also, the U.S. industries and politicians urge the United States Trade Representative to draft texts on the IPEF Good Regulatory Practices Chapter, based on the CPTPP Regulatory Coherence Chapter and USMCA Good Regulatory Practices Chapter, which reflect the main ideas and legal systems of the United States.
 For the above-mentioned reasons, this research focuses and analyses on the CPTPP Regulatory Coherence Chapter and USMCA Good Regulatory Practices Chapter, and then points out the IPEF negotiation strategies favorable to the Korean government. This will provide some insights on the prospective IPEF negotiation strategies for the Republic of Korea.