국제통상협정 노동조항의 중재사례 분석: 미·과테말라 중재사례 중심으로

• 영문명: Arbitration Case Analysis of Labor Provisions in International Trade Agreements: Focusing on the U.S.-Guatemala Case
• 발행기관: 강원대학교 경영경제연구소
• 저자명: 안지은(Ji-Eun An) 박세현(Se-Hyun Park)
• 간행물 정보: 『아태비즈니스연구』제16권 제3호, 483~503쪽, 전체 21쪽
• 주제분류: 인문학 > 문학
• 파일형태: PDF
• 발행일자: 2025.09.30

국문 초록

Purpose - This study aims to examine the background and evolution of labor provisions in international trade agreements and to clarify their legal character. It also analyzes how such provisions have been interpreted and applied in actual disputes in order to identify the conditions and limits of their effective operation. Focusing on the U.S.-Guatemala arbitration case, the study evaluates the effectiveness of labor provisions through the issues raised in the arbitral process. In addition, it explores the implications of labor provisions for trade order and global value chains, while considering the balance between labor protection and fair competition. Design/methodology/approach - This study adopts a normative analysis to examine the background and institutional features of labor provisions in international trade agreements. It compares and analyzes the clauses and dispute settlement procedures of key agreements such as NAALC, NAFTA, and the TPP, with particular focus on the U.S.-Guatemala arbitration case. Through this process, the study identifies how labor provisions function in practice and derives their institutional limitations and implications. Findings - The analysis of the U.S.-Guatemala arbitration case confirms that the requirement of acting “in a manner affecting trade” is central to determining whether labor provisions are effectively enforced. However, the arbitral panel adopted a strict interpretation of this requirement, concluding that even clear deficiencies in labor law enforcement did not amount to a treaty violation. This finding highlights that while trade agreements formally provide dispute settlement mechanisms, proving a breach of labor provisions in practice remains highly challenging. Research implications or Originality - This study contributes to the evaluation of labor provisions in international trade agreements by demonstrating how they function in practice through arbitration case analysis. By focusing on the U.S.-Guatemala case, it highlights the interpretation of the “in a manner affecting trade” requirement and shows how labor provisions are enforced after agreements enter into force. In doing so, the study moves beyond prior research that has largely remained at the level of institutional design or normative analysis, and offers originality by revealing the practical operation and limitations of labor provisions in dispute settlement.

목차

Ⅰ. 서론

Ⅱ. 통상협정 노동조항의 형성과 전개 과정

Ⅲ. 통상협정 노동조항의 분쟁해결

Ⅳ. 노동조항에 기초한 중재사례

Ⅴ. 결론

References

키워드

International Trade Agreements Labor Provisions Arbitration Cases Dispute Settlement U.S.- Guatemala Case