논문제목 : A Study on Amending FTAs in Accordance with the Revised FPA

저자 : KONG Sujin (HK Research Professors)

출판정보 : Korea Journal of International Economic Law, Vol. 12, No. 1 (March 2014) pp.1-29 

Abstract 

In anticipation of the entry into force of the revised Agreement on Government Procurement(GPA), this article reviews whether the government procurement provisions in the regional trade agreements(RTAs) need to be amended or not. Given that the GPA is a plurilateral agreement, the relevant RTAs are narrowed to 11 Free Trade Agreements among GPA members. Those FTAs are divided into three types : (i) 5 FTAs include only a few provisions which recognize or reaffirm the current GPA; (ii) 2 FTAs provide that any amendment to the existing GPA is to be applied as amended; (iii) 4 FTAs refer specific GPA provisions with additional coverage of commitments and stipulate consultation between FTA parties to reflect the revised GPA.

As the revised GPA provides most favored nation treatment immediately and unconditionally, its entry into force requires the members to apply the revised provisions even without amending those FTAs. It may bring not only confusion but also substantial problem. For example, the revised GPA is to be applied multi-laterally and the FTA based on the existing GPA is to be applied bilaterally by the same members over the same subject. In particular, the (iii) type of FTAs may face more complicated application because their market access commitments are extended more than those of the GPA. However, as those FTAs stipulate amendments through consultation, it is expected that the revised GPA is to be reflected as appropriate.