• Journal of Arbitration Studies
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• v.17 no.2
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• pp.141-165
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• 2007

This study aims to make a contribution to the promotion of trade and economic development of South Korea, and, at the same time, call attention to the increasing trend of investment agreements concluded within Free Trade Agreements (FTA) by examining theoretically FTAs and dispute resolution and investigating systematically the conclusion procedure of agreements, and the system, institutions, and jurisdiction of dispute resolution, and presenting these findings to the government and investors involved. The most problematic aspect in the legal process of arbitration involving disputes over investment is that of arguments concerning the right of jurisdiction. When a dispute arises, even though an investor files for arbitration at an ICSID institution, the parties become involved in another energy-consuming argument even before proceeding to the hearing and decision of the original plan in cases in which the respondent of the dispute files an objection to the decision rights of the arbitral tribunal. As the main basis for this type of plea, the point of non-existence of jurisdiction is first raised where the applicable dispute does not fall under the range of investments defined in individual investment contracts or investment agreements such as a Bilateral Investment Treaty (BIT). To avoid an open-ended definition of investment for the range of investments, articles concerning investments in the FTA and NAFTA between Canada and the USA adopt the limited closed-list method. Article 96 of the FTA between Japan and Mexico applied the same abovementioned method of limited form of definition regarding range of investments and concluded BITs between member countries of APEC applied a similar method as well. Instead of employing the previously used inclusive definition, the BITs concluded between countries of Latin America and the USA are equipped with limited characteristics of an investment. Furthermore, to correspond with this necessary condition the three following requirements are needed : 1) fixed investment funding; 2) expected profits resulting from such investments; 3) and the existence of fixed risk bearing.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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• pp.179-198
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• 2017

Recently, agricultural exports of Korea have steadily increased. But, no progress is being made at the WTO and DDA negotiations, the FTAs have played a leading role in the formulation of the international trade rules, and countries have been cleverly utilizing non-tariff barriers such as SPS and TBT, there is a growing need to respond to non-tariff barriers aggressively. On the other hand, since the FTA has the potential to activate the global value chain, there is a high need for exporting companies in the domestic agricultural sector to understand the structure of the global value chain in agriculture and actively utilize the global value chain. The non-tariff measures of agricultural commodities major trading partners in the field of domestic agricultural exports were mostly comprised of SPS measures and TBT measures. The non-tariff measures corresponding to inputs and production stages of value chain elements (seeds, seedlings) in the value chain were mainly reported in SPS measures. TBT measures are mainly carried out in selective packaging, storage, processing, distribution, and export sales. It is most important for agricultural export companies to know their position on the value chain and information on non-tariff measures of importing countries in order to actively utilize the global value chain. Since there are non-tariff barriers that are difficult to be solved at the individual enterprise level, active government support of the government is not only important but also actively promoting relevant information to farmers and agricultural exporters. In addition, potential export farmers and prospective export companies will be able to identify TBT and SPS and other non-tariff barriers well in advance, and respond to them in advance. Also, through networking with export related organizations and overseas buyers, It is very important that policy support from the perspective of global value chain is linked effectively.

• Journal of Korea Trade
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• v.23 no.3
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• pp.118-137
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• 2019

Purpose - As global trade disputes intensify and global trade uncertainty increases due to the prevailing trade protectionism all over the world, mega-FTAs such as the RCEP and CPTPP are suggested as strategic trade policy options for export-driven small open economies, such as Korea. This paper aims to provide a comprehensive analysis of Korea's mega-FTA participation and the induced implications for the Korean economy. Design/methodology - We use a multi-region, multi-sector global CGE model, and investigate the different effects of both the US-China and US-EU trade wars on the relative changes in GDP, welfare, and trade under different trade policy regimes; (i) Korea does not participate in any mega-FTA, (ii) Korea participates in the RCEP, and (iii) Korea participates in the CPTPP. Findings - We show, among others, that though industrial effects might be largely varied, the overall enlarging of free trade zones through multilateral mega-FTA participation may contribute significantly to the macroeconomic soundness and stability of Korea, even when global trade protectionism prevails. Under RCEP and CPTPP trade regimes, Korea's GDP may increase even when the global trade environment deteriorates as trade wars occur and intensify between the US and China, or between the US and EU. It is also estimated that RCEP participation increases Korea's GDP, welfare (measured in equivalent variation), and total trade by 1.12%, $1.09 billion, and 2.54%, respectively, while CPTPP participation increases them by 0.19%, $0.92 billion, and 0.13%, respectively. Originality/value - Existing studies usually focus on the direct impacts of mega-FTA participation on macroeconomic variables such as GDP, welfare, and trade, and do not consider the possible buffer effects of a mega-FTA when the global trade environment worsens. In this paper, we analyze and quantify not only the direct impacts of RCEP and CPTPP on the main macroeconomic variables but also the possible buffer effects of the RCEP and CPTPP in the cases of the US-China and US-EU trade wars.

• International Area Studies Review
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• v.12 no.3
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• pp.495-516
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• 2008

This study looks into the change in business strategies of Korean firms under the inauguration of FTA between Korea and Chile. In conclusion, the business strategy changes of Korean enterprises followed by the proliferation of FTA between Korea and Chile are able to be summarized as followings: Firstly under the proliferation of FTA, Korean companies have strategically responded so as to achieve the positive results of their businesses after the inauguration of the FTA system since April 1, 2004. Secondly, Korean large corporations including multinational corporations dealt with this changes of business environments by comprehensively considering both the changes in the business environments(Industry Attractiveness) and their Businesses Strengths, while SMEs have positively responded to the changes of business environments on the basis of their Business Strengths rather than the changes in the market. Lastly, the business strategies of Korean multinational corporations did not change much even after the inauguration of the FTA system, due to the fact that they had already started a global business strategy before the spread of FTAs.

• Asia-Pacific Journal of Business
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• v.12 no.2
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• pp.187-203
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• 2021

Purpose - The purpose of this study is to analyze the effects of non-tariff barriers on the Free Trade Agreement. Currently, it has achieved significant export effects by signing free trade agreements with many countries in Korea. However, most countries have implemented non-tariff barriers to protect their industries. This study analyzes the effects of non-tariff barriers in counterpart countries that have signed a free trade agreement. Design/methodology/approach - For analysis, first, prior studies were summarized, and second, the current status of free trade agreements and non-tariff barriers were identified. And, based on the current situation, the relationship between non-tariff barriers and export volume was analyzed. The targets of analysis are the United States, China, and Vietnam, which are Korea's three largest exporters. As for non-tariff barriers, anti-dumping tariffs, countervailing tariffs, and emergency import restrictions were analyzed as import regulatory measures. Findings - In the case of the United States, it can be seen that the decline in textiles, steel and electronics sectors is even greater. In the case of China, it can be seen that exports declined after imposing non-tariff barriers in the steel sector. Finally, it can be seen that exports declined after Vietnam implemented a non-tariff barrier on the steel sector. It was found that non-tariff barriers offset the effects of the Free Trade Agreement. Research implications or Originality - Currently, Korea has free trade agreements with numerous countries. However, after the free trade agreement entered into force, the number of annual average import regulation investigations for Korean products is on the rise. In the end, the implementation of non-tariff barriers is offsetting the effects of free trade agreements. Therefore, when signing a free trade agreement, it is necessary to thoroughly prepare for import regulatory measures such as the insertion of provisions of non-tariff barriers.

• Korea Trade Review
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• v.41 no.4
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• pp.221-243
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• 2016

This study examined the trade of the Central Asian CIS countries and the Daegu-Gyeongbuk region. These countries are rich in resources such as oil, natural gas and aluminum. These countries were switched to capitalist market economy after independence from the Soviet Union. So, these countries are considered as new emerging markets. This study analyzed the current status of trade between Daegu-Gyeongbuk region and Central Asian CIS countries. The result of analysis of the trade structure between the Daegu-Gyeongbuk and Central Asian CIS countries, and of the Daegu-Gyeongbuk region exports to Central Asian CIS countries showed insufficience when compared with the total export of korea. In this study, we used the gravity model to analyze the trade volume of the Daegu-Gyeongbuk region and Central Asian CIS countries. The result of analysis is that the globalization of Central Asian CIS countries appeared to be effective in increasing trade. In order to increase trade, Korea and CIS countries should strengthen their economic cooperation. Especially, these countries should try to implement FTAs for economic integration. The Central Asian CIS countries have an industrial structure that relies on resource exports. So, they have a blueprint for diversification of industries through national long-term plans. The Daegu-Gyeongbuk region's economy has been going through long-term stagnation. If the Daegu-Gyeongbuk companies can enter the Central Asian CIS countries, it can be a solution for the local economy.

• Korea Trade Review
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• v.43 no.6
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• pp.215-238
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• 2018

Tariff reduction from FTAs are applied to imported goods, but not to traveler's goods. There are difficulties in meeting the FTA's conditions for free tariff application, such as origin of goods and direct transportation. This study suggests the optimal cut-off level of a simple tax rate applied to traveler's goods with respect to traveler' welfare and government tax revenue. Among three different scenarios of simple tax reductions by ordering its weighted magnitude of effects, the optimal tariff was found to be 2% applied to all goods. The effects of a 2% reduction of simple tax rate would increase traveler' welfare by 16.8 billion won and reduce tax revenue by only 0.34 billion won.

• Korea Trade Review
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• v.43 no.1
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• pp.153-176
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• 2018

Since entering into force on June 1st, 2007, the Korea·ASEAN FTA has had great strategic importance as it represents a massive export market for Korea. For more than 10 years since its implementation, the trade in both goods and services have greatly increased, and ASEAN has become the second largest export market for Korea. However, Korea's FTA utilization rate for exports is approximately 46%, which is far lower than the average rate of 72% for all FTAs, despite several revisions. In this study, we investigate the problems causing this low rate of FTA utilization for export by analyzing import clearance disputes faced by the counterpart. Our recommended countermeasures for such disputes are : Since form requirements for C/O (certificate of origin) are important considerations for ASEAN countries, C/O needs to be written accurately. Understanding of the administrative system and regulative procedures of ASEAN countries is also necessary. Accurate HS code of importing countries must be obtained. Korean government authorities should make diplomatic effort to ease the import clearance procedures in counterpart countries and contact customs offices to facilitate communication.

• Korea Trade Review
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• v.41 no.5
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• pp.213-233
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• 2016

In an FTA, rules of origin are decided by an agreement between countries directly involved and provided through a written agreement, considering the characteristics of each industry and the situations of the countries, for the characteristics of each item. The PSR on fishery products by item are broadly divided into an agreement that applies the wholly-obtained criterion and an agreement that applies the Change of Chapter (CC). Fishery products belong to HS Code Chapter 3, which are generally produced through obtaining by raising or fishing. This study compared each agreement from this point of view. For the fishery products caught, an error in the job-related judgment may occur in a situation in which the persons in charge do not have any background knowledge involved with high sea fisheries. Since ships may sail, hoisting the flag of the country of registration according to an international agreement, involved with requirements for the recognition of ships for the judgment of the country of origin, the principle of the exclusivity of the flag state should be taken into consideration.

• International Area Studies Review
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• v.15 no.1
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• pp.195-218
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• 2011

Discussion of Economic Community in East Asia are active. This trend began in the late 20th from the EU and North America's regional economic integration is in response to the movement. East Asia in the late 1990s to the actual for the FTA, it was not very active. As East Asian Economic Community became one of agendas for ASEAN+3 Leaders' meeting since 2004. Japan has been positioned itself as a leading country in East Asia. However, the emergence of China in the East Asian economic community have been changes. Moreover, East Asian countries began concerns over regional economic community with frequent conclusions of FTAs and China is leading the discussion on strengthening economic cooperation in the region. Some of it in terms of economic community in East Asia will not be smooth. First, East Asian countries do not have a common goal. Second, East Asian countries have a lot of diversity. Third, China and Japan are expected to compete in the championship. Therefore, East Asian economic community should be approached in the long-term perspective.