Op-Ed: “EU – Korea FTA panel ruling and a challenge for its effective implementation” by Yves Melin and Jin Woo Kim
In a nutshell
The Free Trade Agreement (FTA) dispute on labour rights between the European Union (EU) and Republic of Korea (Korea) is the first time that the EU has initiated dispute settlement procedures under a trade agreement to challenge violations of a third country’s Trade & Sustainable Development (TSD) obligations.
In this dispute, the EU won several claims against Korea’s Trade Union Act. However, the FTA panel found that Korea did not fail to make ‘continued and sustained efforts’ towards the ratification of four fundamental International Labour Organization (ILO) Conventions. As a next step, the EU could face difficulties in successfully implementing the FTA panel ruling, if Korea refuses to do so or delays