• Title/Summary/Keyword: Principle of the Exclusivity of the Flag State

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A Comparative Study on the Rules of Origin of Fishery Products in South Korea's Major FTAs : Focused on the Korea-US FTA and European Agreements (우리나라 주요 FTA협정의 수산물 원산지 규정에 관한 비교 연구 - 한·미 및 유럽권 협정을 중심으로 -)

  • Park, Jin-Woo;Pak, Myong-Sop;Choi, Doo-Won
    • 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.

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