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ロンセツ アジア コウイキ FTA ノ ホウセイサクロンテキ テンボウ (2) : ヒボウエキテキ カンシン ジコウ オ メグル デファクト スタンダード エノ タイオウ

Legal Policy Choices for the 'East Asian FTA' (2) : Alternative Response toward de Facto Standards on 'Trade Related Matters'

国際協力論集

11(2)

53-72

神戸大学大学院国際協力研究科

2003-12

2007-06-06

The purpose of this article is to analyze the different policy choices behind undergoing international campaign toward the formation of 'de facto' standards on 'trade related matters' or 'matters of non-trade concerns'， and then to consider desirable integrated policy choices for the proposed 'East Asian FTA' in responding to such international campaign. Chapter 1. studies substantial details of major international trade agreements， with the finding that multilateral agreements under current WTO system are al-most silent on the topic， but that bilateral and/or regional movements including various Free Trade Agreements (FTA) in the America and the Europe are actively taking initiatives for their own 'de facto' standards. A comparative reading of investment rules ， competition rules ， and social and environmental clauses contained in those texts ， reveals that a majority policy choice is a reduced legal substance， or the 'deregulation' of legal infrastructure in the market economy. Chapter II. continues the same comparative reading on the 'law models' recently being promoted by leading international institutions， especialy， in such major economic law area as bankruptcy law， secured transaction law， company law， and competition law. The finding is summarized again as a reduced substantial rules or 'deregulation' of the market legal infrastructure. Chapter II 1. studies the recent law reform in ASEAN and China， more or less undergoing in response to international pressures for 'de facto' standards. An interesting finding is the difference of policy attitudes between ASEAN countries and China. Although the ASEAN law reforms tend to integrate various tactic basis of arbitrary government intervention into the facial 'deregulation' framework， China's recent reform shows sincere efforts to minimize the chances of notorious socialistic intervention and instead to provide transparent substantial rules for market transactions. The 'East Asian FTA' is a result of joint initiative taken by the ASEAN and China. In considering desirable integrated policy choices for future materialization of the plan， it would be recommended to elaborate a law and policy matrix. Major implication would be that when the same eased legal infrastructure as American or European 'de fact standards' are uniformly applied to less developed or distorted markets in Asia， the possible result could be a serious disorder and disincentives for market transaction. In order to avoid a 'failure of law' only to cause simultaneous failure of the lessez-faire market and the arbitrary government， it would be a major task of 'East Asian FTA' to promote cooperation for each others' better legal infrastructure corresponding to the current socio-economic situation of respective market.

紀要論文