• International Commerce and Information Review
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• v.9 no.2
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• pp.307-325
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• 2007

Examining the standards of review adopted by the dispute settlement body of the WTO in its decision on safeguard measures, the Appellate Body offers no coherent guidance or theory as to the legitimation of the safeguard measures adopted by the domestic authorities. It faults the lack of reasoned and adequate explanation in the national authorities' decision to impose safeguard measures, yet its own explanation of the permissible role for safeguard measure could hardly be less instructive. The Appellate Body has consistently emphasized fidelity to text in its decision but that approach can not work properly when the text is fundamentally deficient from the viewpoints that neither Article XIX nor the safeguard Agreement establish a coherent foundation for safeguard measures due to their vague and abstract provision. Without any coherent theory on guidance as to the legitimation of the safeguard measures, it would be absurd to expect WTO members to produce a reasoned and adequate explanation as to how their safeguard measures are in compliance with the WTO roles. In the absence of a thorough renegotiation for the proper operation of the WTO safeguard system, which seems quite unlikely for the foreseeable future, perhaps the unique method out of the current predicament is for the Appellate Body to lead a movement in establishing a sensible common law of safeguards, drawing on extra-textual guidance including the standards of review about their proper role in the WTO safeguard mechanism.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.255-285
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• 2004

After more than 15 years of negotiations, China was finally able to achieve the WTO membership, opening up new trade opportunities for China as well as existing WTO members. China accepted a special safeguard mechanism as one of its WTO- plus commitments. And in response, Korea has since introduced China special safeguard rules, which in simple terms, allows an invocation of safeguard measures against Chinese product imports under more lapse conditions than would normally be allowed under the existing general safeguard rules. China also introduced new safeguard rules in November 2001 in an effort to increase transparency in its operation of safeguard measures. However, the current article contends that the new rules pose a serious threat to free trade in the form of the retaliation provision, which enables China to take unilateral retaliatory actions against safeguard measures on Chinese product imports, It indicates that the provision could be operated in an arbitrary manner as the US Super 301, and lead to infringements of WTO disciplines. This paper indicates that the foregoing elements could lead to mort trade disputes between Korea China regarding safeguard measures and subsequent retaliations on the hills of the so called the Garlic War. The current article goes on to offer policy recommendations toward deterring such disputes. First, it recommends a more active invocation of Korea's own retaliatory provision against China's unilateral actions at least to gain negotiating leverage. Second, it sites problems involving China's still conspicuous state-trading practices, and proposes to raise issues again China to induce more faithful implementation of WTO disciplines Final, it stresses the importance of preventing disputes before they arise, and suggests several specific preventive measures.

• International Commerce and Information Review
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• v.13 no.1
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• pp.271-298
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• 2011

This paper seeks the proper and efficient operation of Korea's safeguard mechanism by examining the judicial interpretation and application of the safeguard measures under the WTO Safeguard Agreement. The judicial examination is focused on the terms of "unforeseen development" in GAIT XIX, "evaluation of all relevant factors", and "clear justification of measure" in Safeguard Agreement. Such an intensive examination. of the judicial interpretation is used for the comparative analysis of the Korea's domestic provisions to find out problems in operation and the interpretative and legislative responses to them. It is found that the Korea's adaptation of the Safeguard Agreement into the domestic provisions and the operation of such provisions in the practical field have generally been consistent with the WTO's basic principles and provisions. Korea's safeguard mechanisms should stably be operated for securing the proper protection of domestic industry under certain emerging circumstances. For such policy objective to be ensured, it is legislatively required to make additional provisions in line with the appellate body's consistent interpretations of the debating issues including the term of unforeseen development.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.237-266
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• 2009

KORUS-FTA are consist of articles 8. In order to the subjects are, application of a safeguard measures, conditions and limitations, provisional measures, compensation, global safeguard actions, definitions, antidumping and countervailing duties, committee on trade remedies. In especially, regarding application of a safeguard measures under KORUS-FTA, if as a result of the reduction or elimination of a customs duty under this agreement, an originating good of the other party is being imported into the territory of a party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other party constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the party may: suspend the further reduction of any rate of customs duty on the good provided for under this agreement; increase the rate of customs duty on the good to a level not to exceed the lesser of: the most-favored-nation (MFN) applied rate of duty on the good in effect at the time the action is taken; and the MFN applied rate of duty on the good in effect on the day immediately preceding the date this Agreement enters into force; or in the case of a customs duty applied to a good on a seasonal basis, increase the rate of duty to a level that, for each season, does not exceed the lesser of: the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date of application of the safeguard measure; and the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date this agreement enters into force.

• Korea Trade Review
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• v.44 no.1
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• pp.177-191
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• 2019

Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

• Journal of Korean Society of Environmental Engineers
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• v.30 no.12
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• pp.1245-1254
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• 2008

Proposing a method for the estimation of the social cost for global warming impact (external cost) is the aim of this paper. Both the endpoint approach and conjoint analysis were applied to estimating the social cost for global warming. The endpoint approach was used to assess the damage on the safeguard subjects by global warming due to the emission of greenhouse gases into the atmosphere. The conjoint analysis was used to estimate the economic values for safeguard subjects which measure the social preferences and willingness to pay (WTP) on safeguard subjects. The economic values of human health and social asset were estimated at 62,261,700 Won / DALY (yr) and 10,000 Won / 10,000 Won, respectively. Moreover, cost factors of GHGs were calculated by multiplying the damage factor which is quantified the unit damage on safeguard subject and the economic value. In the case of CO$_2$, the cost factor was calculated at 13.52 Won / kg (13,520 Won / ton). External cost of products or services can be calculated by multiplying the GHG inventory result of products or services by the cost factor of each GHG. inventory.

• International Commerce and Information Review
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• v.8 no.4
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• pp.209-227
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• 2006

This paper analyse current interpretation of the "causal link" that in particular, focuses principally on the so-called "non-attribution" requirement of Article 4.2(b) of the Safeguards Agreement. The safeguard measures are justified as a temporary economic adjustment to harm that is caused by an increase in imports. The problem with this justification is that there are other kinds of economic forces that may injure domestic industries, such as changes in consumer tastes, government spending or a lack thereof, and economic downturns. These problems do not justify government-imposed remedies. When factors therefore other than increased imports are causing injury to the domestic industry at the same time, such injury shall not be attributed to increased imports. The Appellate Body stressed that a contribution of third-party imports to the existence of serious injury must be sufficiently clear as to establish the existence of the causal link required, it found that Article 4.2(b) does not suggest that increased imports be the sole cause of the serious injury, or that other factors causing injury must be excluded from the determination of serious injury. The interest in separation is to ensure that a measure is not applied to remedy harm not caused by imports, but this basic point assumes that the harm is distinguishable in the first place. It also assumes that the safeguard is designed to respond to harm caused by imports. In fact safeguards were never intended to respond to this kind of unfair trade, but rather to provide whatever emergency relief might assist an ailing domestic industry if imports happened to be a part of that injury. The Appellate Body's insistence in breaking cause and effect down to minutia in the non-attribution analysis seems to be so overly intricate that it conflicts with it's broader focus on evaluating factors that effect harm on the industry as a whole.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.13 no.11
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• pp.5692-5716
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• 2019

One of the best means to safeguard the confidentiality, security, and privacy of an image within the IoT-Cloud is through encryption. However, looking through encrypted data is a difficult process. Several techniques for searching encrypted data have been devised, but certain security solutions may not be used in IoT-Cloud because such solutions are not lightweight. We propose a lightweight scheme that can perform a content-based search of encrypted images, namely EEIRI. In this scheme, the images are represented using local features. We develop and validate a secure scheme for measuring the Euclidean distance between two descriptor sets. To improve the search efficiency, we employ the k-means clustering technique to construct a searchable tree-based index. Our index construction process ensures the privacy of the stored data and search requests. When compared with more familiar techniques of searching images over plaintexts, EEIRI is considered to be more efficient, demonstrating a higher search cost of 7% and a decrease in search accuracy of 1.7%. Numerous empirical investigations are carried out in relation to real image collections so as to evidence our work.

• Mass Spectrometry Letters
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• v.1 no.1
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• pp.17-20
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• 2010

As background significantly affects measurement accuracy and a detection limit in determination of the trace amounts of uranium, it is necessary to minimize the impurities in the filaments used for thermal ionization mass spectrometry (TIMS). We have varied the degassing condition such as the heating currents and duration times to reduce the backgrounds from the filaments prepared with zone-refined rhenium tape. The most efficient degassing condition of the heating current and the duration time was determined as 3.5 A and 60 min, respectively. The TIMS measurement combined with the isotope dilution mass spectrometry (IDMS) technique showed that the uranium backgrounds were determined to be in a few fg level from blank rhenium filaments. The background minimized filaments were utilized to measure the uranium isotope ratios of a U030 (NIST) standard sample. The excellent agreement of the measurement with the certified isotope ratios showed that the degassing procedure optimized in this study efficiently reduced the impurity signals of uranium from blank rhenium filaments to a negligible level.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.4
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• pp.249-261
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• 2021

To tranquilize the devastating impact of unnecessary risk-taking behavior of banks towards the economy for maximizing their profits that usually arises due to widely known 'moral-hazard' problem originating from market competition and intensified by bank's limited liability, the banking system is strongly monitored across all countries of the world. The goal of controlling would become more feasible if there exist some self-discipline and motivations which could safeguard the banks' charter value through the mechanism of market discipline. Therefore, our study is aimed to scrutinize the relation between market discipline and charter value of local commercial banks that are registered on the Pakistan Stock Exchange by analyzing a balanced panel data from the year 2007 to 2019. Deposit growth, interbank deposits, and subordinate debt are taken as proxies to measure market discipline whereas Tobin's Q theory is applied for calculating the charter value. Generalized Least Square Regression with Fixed Effect Model is used for evaluation. The outcomes reveal that in the existence of control variables, all proxies of market discipline have a significant positive impact on bank charter value. Our research has important policy implications for monitoring and supervising financial intermediaries for their stability and soundness by offsetting the complications of moral-hazard in the financial systems.