동북아 ADR 협력의 현황과 개선방안 = The Current status of the ADR Cooperation and It's Reform in the Northeast Asia

다국어 초록 (Multilingual Abstract)

1. More stress on the regional cooperation in Northeast Asia
Northeast Asia is quickly becoming a distinctive and crucial region in the world. In the 21st Century, irrevocable trends including globalization, information revolution, and growing interdependence among nations will present Northeast Asia with new challenges and opportunities for regional collaboration.
Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Northeast Asia has nations that are endowed with abundant skilled labor, entrepreneurs, natural resources, capital, and advanced technology. Many common challenges and complementary resources in this area call for mutually beneficial cooperation and exchanges, not only in the economic sector, but also in the political, security, environmental, social, cultural, and educational arenas.
Globalization of the world economy, together with the trend towards regional trading blocs, brings new challenges such as the need to define global standards, harmonize regulations, and engage in multilateral trade negotiations. These issues call for more deliberate regional cooperation and coordination as well as a united voice to advance the region's common interest.
2. Necessity of a reasonable dispute settlement mechanism
Under the situation, efforts have been made among Korea, China and Japan for conclusion of a Korea · China · Japan Free Trade Agreement(FTA) which has been confirmed again at Korea-Japan and Korea-China summit meeting held on June and July, 2003 respectively. If the conclusion of FTA among the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region.
It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration and mediation, instead of litigation in national courts, have become the preferred means of resolving private international commercial disputes.
This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade system through multilateral negotiations at the global level. But on the other hand, while WTO is promoting the global free trade system, regional economic cooperation system such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN.
In order to promote free trade in a region, it is an essential factor to establish a central common system to resolve private commercial disputes arising from such free trades. Such a dispute resolution system was already introduced and established in NAFTA.
3. What is an acceptable model in Northeast Asia?
With respect to private disputes arising in the sphere of NAFTA, Article 2022 of NAFTA specifically provides for the encouragement and use of arbitration and other alternative dispute resolution techniques(ADR) as the desirable means of resolving such controversies.
Consistent with the objectives of the said Article, the Commercial Arbitration and Mediation Center for the Americas(CAMCA) was founded in December of 1995, by the four leading national institutions in North America(The American Arbitration Association, The British Columbia International Commercial Arbitration Centre, The Quebec National and International Commercial Arbitration Centre and The Mexico City national Chamber of Commerce).
The use of mediation, a nonbinding process assists the parties in reaching their o

목차 (Table of Contents)

• ABSTRACT
• Ⅰ. 序論
• Ⅱ. 東北亞 域內의 ADR 協力現？
• Ⅲ. 旣存 協力의 問題點과 改善方向
• Ⅳ. 共同機構로서의 (가칭) ‘東北亞 ADR 센터’의 設立方案
• Ⅴ. 結語
• 참고문헌