USMCA ‘모범규제관행’ 챕터에 관한 연구 = A Study on the ‘Good Regulatory Practices’ Chapter under the USMCA

다국어 초록 (Multilingual Abstract)

The U.S. – Mexico – Canada Agreement (hereinafter, USMCA) Good Regulatory Practices Chapter was introduced to improve procedural transparency, including regulatory improvement, with the aim of facilitating international trade. It sets forth specific obligations regarding the practices of regulatory authorities in planning, designing, issuing, implementing, and reviewing respective regulations of USMCA Parties. The USMCA Good Regulatory Practices Chapter is a regional agreement that applies only to the United States, Canada, and Mexico, but it has significant implications for Korea in that it serves as the basis for the Good Regulatory Practices Chapter in IPEF, which Korea is currently participating in negotiations. The main features of the USMCA Good Regulatory Practices Chapter and their implications for Korea could be summarized as follows.
First, USMCA Good Regulatory Practices Chapter stipulates various processes and mechanisms for ensuring implementation. it stipulates the substantial implementation processes and mechanisms between and within the parties, and further crystallizes its implementation through recourse to the Dispute Settlement Chapter of USMCA in the case of inconsistencies.
Second, the USMCA Good Regulatory Practices Chapter directly imposes specific roles on “stakeholders”, i.e., individuals, who are not the relevant contracting parties. Specifically, stakeholders are endowed with the specific role of providing opinions on the “retrospective review” that reviews the relevant regulation to determine whether to enact, amend, or repeal it. In addition, stakeholders are endowed with the specific role of providing their personal views on the implementation of the Good Regulatory Practices Chapter.
Based on a clear understanding of the USMCA Good Regulatory Practices Chapter, Korea should establish an institutional foundation for the implementation of the IPEF Good Regulatory Practices Chapter. First, in relation to the transparent development of regulations, the parties must disclose data, and scientific and technical analysis as the basis for regulations. Second, the domestic impact due to the “regulatory impact assessment” must be assessed in advance. Third, the processes and mechanisms regarding the specific roles assigned to “stakeholders”, i.e., individuals must be established.

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