• Electronics and Telecommunications Trends
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• v.37 no.5
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• pp.1-10
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• 2022

Digital trade rules are crucial in supporting the digital economy as the rules effectively reduce unnecessary trade barriers. This study introduces various approaches that major countries take regarding digital trade policies and rules. Comprehensive and Progressive Agreement for Trans-Pacific Partnership has introduced comprehensive rules on e-commerce, including binding articles on the free flow of information, location of computing facilities, and source code. More recent e-commerce provisions or digital trade agreements cover wider range of issues, from cyber security, artificial intelligence, and data innovation to electronic invoicing and payments. Multilateral negotiations on digital trade rules, including the World Trade Organization E-commerce Joint Statement Initiatives and Indo-Pacific Economic Framework, are in progress. Thus, countries involved are expected to respond to new digital trade issues with long-term strategies considering domestic policy objectives.

• Korea Trade Review
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• v.47 no.1
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• pp.199-214
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• 2022

This study aims to quantify the value of origin among CPTPP and Korea, under the assumption that the 'cumulation' clause has large economic effects in multilateral FTAs and increase the possibility of improving FTA utilization. Analysing the relationship between value-added exports and FTA utilization rate, there is a positive correlation between the two variables, and the cumulation of multilateral production of CPTPP is expected to increase Korea's value-added exports. In the GTAP-VA model, the target of cumulation is calculated as 'Domestic Value Added', and all value-added of CPTPP are cumulated in the form of value added exports of exporting country. When Korea participates in CPTPP, it is possible to cumulate additional 6.3~9.6% value added, and the agreements with low FTA export utilization rates such as New Zealand, ASEAN would have greater economic effects of cumulation. For the successful implementation of CPTPP in Korea, it is necessary to develop a new origin verification system that enables multilateral value-added cumulation. It is time to seek cooperation with countries currently participating in CPTPP to prove the value added inherent in CPTPP-originating products.

• Journal of Environmental Policy
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• v.1 no.1
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• pp.111-128
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• 2002

The Ministerial Declaration of the 4th WTO Ministerial Meeting at Doha in November 2001 announced the launch of the New Round and a completion date of January 1st, 2005. It agreed to eventually negotiate trade and environment linkage issues, such as the relationship between the WTO rules and Multilateral Environment Agreements and the reduction or elimination of tariff and non-tariff barriers to environmental goods and services. The Committee on Trade and Environment was instructed to pursue work on all items on its agenda within the current terms of reference and to give particular attention to the effects of environmental measures on market access, relevant provisions of the TRTPS Agreement, and labelling requirements for environmental purposes. This means that far the first time, the members of the WTO will discuss and negotiate trade and environment linkage in the framework of multilateral trade negotiation. Korea, from the standpoint of a smaller open economy heavily dependent on international trade, is obliged to overcome the challenges imposed by the environment agenda in the Doha declaration. This study examined the linkage among environment, economic growth and international trade in order to review the possible trade and environment policy implications in Korea. Mutual supportiveness of trade and environment depends much on the effectiveness of trade and environment policy coordination. In this regard, we conclude that the Korean government should provide an appropriate institutional framework to promote closer cooperation among policy makers engaged in negotiations. Trade and environment policy review and environmental impact assessment of trade negotiation should be considered as a work programme of this institutional policy coordination framework.

• International Commerce and Information Review
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• v.10 no.4
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• pp.439-455
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• 2008

The SPS Agreement, concluded in the Uruguay Round for the purpose of controlling SPS risks, has traditionally been recognized to maintain the narrowest scope of application compared with TBT Agreement and GATT in relation with environmental provisions. Contrary to such an understanding on the scope of the SPS Agreement, the panel in the EC-Biotech case found that the SPS Agreement extends to regulate trade-restrictive measures on Genetically Modified Organizations(GMOs) causing health and environmental risks. This expanding scope of the SPS Agreement would have substantial influence on domestic environmental regulations as well as Multilateral Environmental Agreements(MEAs). This paper discusses the consequences of an expanding ambit for the WTO SPS Agreement through the designation of a wider range of health and environmental regulations affecting trade as SPS measures. As a result, not only precautionary measures on GMO risks, but also other health and environmental measures with trade impacts, could be subject to SPS control, and consequently, the institutional rigors of the WTO regime. However, strict and literal interpretation of the SPS provisions to expand its applicable scope would cause concerns about the WTO's intervention on the purely environmental measures. Pursuing harmonized and flexible interpretation of provisions on environment-related conflicts as well as accepting precautionary principle included MEAs will contribute to reduce such kind of concerns.

• International Commerce and Information Review
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• v.11 no.1
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• pp.379-403
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• 2009

The Purpose of this study is to research the problems of trade restriction for an environment protection. Environmental regulation relate to trade are Convention on International Trade in Endangered Species of Wild Fauna & Flora, Montreal Protocol on Substances that Deplete the Ozone Layer, Kyoto Protocol to the UN Framework Convention on Climate Change, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes & Their Disposal, Cartagena Protocol on Biosafty and WTO Agreement. Regulatory action for environmental protection has economics instrument, command & control, liablity, damage compensation, voluntary agreement. In the case of our country, impact of regulatory action for environmental protection is low. Because is recognized position of developing country yet. For in the balance rules of trade and enviroment, First must satisfy WTO's basic principles and principle of quantitative restrictions prohibition, Second, operation of protection action must reasonable and objective standards Third, must satisfy GATT article 20 (b) clause and (g) protestation each essential factor To grow for environment advanced country, we should do i) using of FTA ii) international cooperation strengthening for developing country position iii) construction of environment information network

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.3-32
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• 2007

This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation 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, 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. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

• International Commerce and Information Review
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• v.12 no.3
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• pp.167-195
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• 2010

The global financial crisis, the instability of the global economy since the beginning of the growing economic interests of the countries to adjust to establish a new economic system was set up on occasion. Meanwhile, standing in the international trade environment, multilateral system of international trade for the country as the cumulative fatigue of open markets and trade liberalization as an alternative to lead the free trade agreements between countries. Currently in Korea and China, in addition to the geographical proximity in all areas, including economic exchanges and mutually dependent relationship that is deepening the world's No. 1 exporter in China and overseas investors have become partners. FTA with China by promoting the growth of emerging economies in the Chinese market by securing a stable economic growth of China as a driver of economic growth in the country to utilize the plan is being promoted from. This study is currently being promoted, in a discussion of the FTA's agricultural trade measures to address the challenges and poems. Agricultural trade with other goods to be different from the specificity of the discussion of market opening and liberalization of trade has been recognized in the main essentially nothing. We promote an FTA, according to one review and discuss the background and trends of the agricultural trade in a market, through the analysis of the status and trends and present problems for future bilateral trade negotiations with Korea for agricultural markets and propose countermeasures for. Agricultural trade, during a discussion of the FTA is essentially nothing in the review is expected to expand the bilateral trade in agricultural products, while protecting its agricultural markets to be trying to policy implications.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.567-588
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• 2016

Korea-China FTA and Korea-U.S. FTA are the most significant FTA in volume and economic effect for Korea's perspective. Developed countries have dealt with environmental issues one of the main issues in FTA negotiation, while developing countries have been reluctant to it. Both Korea-China FTA and Korea-U.S. FTA have separate environment chapter respectively. A separate environment chapter was firstly introduced in Korea-U.S. for Korea's perspective. Both environment chapters provide high level of environment protection, recognition of multilateral environmental agreements, enforcement of environmental laws, and environmental cooperation. Both environment chapters require that each party make effort to improve environmental laws and measures. Korea-China FTA provides establishment a "Committee on Environment and Trade", and Korea-U.S. FTA provides establishment a "Environment Council" to oversee the implementation of environment clauses. Korea-China FTA and Korea-U.S. FTA have very similar provisions on environment and trade, and are expected to contribute to enhancing environment protection. However, a lot of provisions are somewhat declaratory rather than mandatory. Therefore, further environmental cooperation is encouraged to achieve the goals and objectives of the environment clauses and FTA.

• International Area Studies Review
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• v.15 no.2
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• pp.383-401
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• 2011

This paper studied about environmental protection and Free Trade in FTA. FTA is representative means that maximize trade profit through free trade. But Regulation for environmental protection is infringing profit of free trade(FTA). It is the natural matter that the all countries must do environmental protection. but, measure for environmental protection must not be used on trade limited constituent. This study studied about enactment plan of environmental regulation to achieve two targets of environmental protection with trade liberalization. Study Finding is as following. First, it is that to apply existent environmental standard in the FTA expands trade liberalization. Second, need enactment of rule that can interchange Environmental Goods or a technology effectively. Third, there is necessity to establish procedural regulations and substantial regulations that refer environment problems. also to include comprehensive form in case of choose Multilateral Environmental Agreements is reasonable.

• Korean journal of communication and information
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• v.35
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• pp.36-86
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• 2006

The industrialization and globalization in the field of broadcasting are rapidly proceeded by extension of multilateral agreement as GATT and WTO, and by expansion of bilateral FTA. The broadcasting gets important in the industries according to the change of broadcasting environment grounded on industrial logic. As the broadcasting products become an important article of trade, broadcasting industry is the best bet in the cultural industries. In the international trade, the USA and Japan will treat cultural products the same as common goods and keep in the frame of free trade. On the contrary, the EU nations and Canada take a position that the cultural products are common goods and also public goods at the same time, and that therefore the cultural products will be excepted from the free trade. But this so called cultural exception, which is formed in the multilateral free trade agreement, is merely a temporal countermeasure, not a fundamental alternative especially in the present circumstances of DDA negotiation of WTO and of enlargement of FTA by the USA. So a nation shall carry out policies for cultural identity and cultural autonomy by the guarantee of Cultural Diversity Agreement of UNESCO, and organize a new cultural exchange order which substitutes the trade order by trade agreements.