• East Asian Economic Review
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• 제20권3호
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• pp.279-309
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• 2016

The proposed Trans-Pacific Partnership (TPP) is a free trade agreement among 12 Pacific Rim countries whose joint gross domestic products (GDPs) account for 36 percent of world GDP and whose mutual trade accounts for approximately 24 percent of world trade. As for most proposed free trade agreements (FTAs), trade economists have provided ex ante computable general equilibrium (CGE) estimates to predict the trade, employment, and real per capita income effects of this agreement, such as ITC (2016). This paper-intended to complement these studies-examines the potential impacts of TPP beyond such traditional CGE estimates, taking a broader economic, governance, and historical perspective. First, we contrast these traditional CGE trade and welfare estimates that treat all firms within an industry as homogeneous with more recent CGE analyses that allow firms' productivities to be heterogeneous. We show that the latter models' trade predictions are much more consistent with ex post empirical evidence of average trade effects of FTAs. Second, empirical evidence now strongly confirms the existence of FTA "contagion." We review this evidence and show that predictive models of the evolution of FTAs indicate that the TPP should be formed. With China now having formed 12 FTAs and negotiating five new ones (including a sixteen member Asia-Pacific FTA), the United States would likely face considerable trade diversion without the TPP. Third, we examine empirical evidence on the likely further economic growth implications of FTAs by reducing firms' uncertainty over trade relations and trade policies. Fourth, we examine empirical evidence on the additional impact of FTAs on consolidating democratic institutions in countries. The TPP would likely help consolidate some of the less mature democracies. Fifth, we examine empirical evidence on the reductions of conflicts (and enhanced peace) between countries owing to the formations of FTAs. We conclude the paper noting that the potential net benefits to member countries of the proposed TPP extend well beyond the real income gains to households based upon traditional CGE models.

• 한국중재학회지:중재연구
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• 제26권2호
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• pp.3-25
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• 2016

Lately each country tends to provide neutrality and ease of enforcement in order to settle disputes related to international trade through commercial arbitration. In order to expand the use of arbitration systems, most countries accept arbitration agreements as an effective tool agreed between parties that express their intent to settle disputes by the arbitration. It is applied equally to selective arbitration agreements and parties can select either arbitration or lawsuit to settle disputes based on the contract intent for selective arbitration agreements. However, China does not admit the effectiveness of selective arbitration agreements. Chinese courts regard selective arbitration agreements as not valid because the contract of a selective arbitration agreement between parties is not a definite expression to only use the arbitration and there is no exclusion of court jurisdiction. Therefore, the study attempts to consider effective conditions for selective arbitration agreements in the Chinese arbitration act and other relevant regulations, and also verifies the judgment by Chinese courts on relevant disputes. As a result, the study explores some problems and implications of Chinese selective arbitration agreements and suggests some precautions in case Korean companies pursue selective arbitration agreements with Chinese enterprises and investors.

• Journal of Contemporary Eastern Asia
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• 제11권2호
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• pp.27-45
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• 2012

Among political scientists, Japan's free trade agreements (FTA) with member nations of the Association of Southeast Asian Nations (ASEAN) has been considered to be a political tool that can compete against China for regional leadership in East Asia. However, this paper demonstrates that Japan's so-called FTA diplomacy towards ASEAN nations serves the broad interests of Japanese actors in both the political and economic sectors. Given the attention to Japanese domestic political issues, it is argued that diplomacy primarily facilitates a need for free trade with ASEAN and ASEAN markets for Japanese corporations to compete in the global economy and for the government to nurture Japan's stagnant economy by assisting these corporations. This work also contends that the unclear function of FTA as an economic good is due to the lack of the government capacity to effectively manage FTA diplomacy. This partly results from the conventional view with regard to Sino-Japanese rivalry.

• 한국중재학회지:중재연구
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• 제17권1호
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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.

• 무역학회지
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• 제48권1호
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• pp.307-329
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• 2023

본 논문은 2021년 말까지 발효된 한국의 자유무역협정(FTA) 총 17건의 동태적 교역효과를 확인하기 위해 1996년부터 2021년까지 한국의 HS 10단위 상품 및 국가별 수입액 패널자료를 계량분석하였다. FTA의 협상개시, 협상타결 및 서명, 비준 및 발효 등의 무역정책 전환기(transition period)동안 동태적 교역효과를 분석한 결과, 협정의 발효 시점에 수입이 증가하는 효과는 뚜렷하며 특히, 새로운 교역상품의 등장에 따른 무역외연효과(extensive margin)가 중요한 역할을 하였다. 또한, 외연효과는 FTA의 발효에 따라 관세가 인하되기 이전부터 증가하는 추세를 보였다. 이는 최근 선행연구에서 확인된 잠재적 수출기업의 수출시장 조기진입현상을 뒷받침하는 중요한 결과이다. 특히, 이런 선행효과는 FTA 협상 개시 이후에 뚜렷하게 나타나, 정책 불확실성의 감소와 시장 조기진입현상의 관련성을 시사한다.

• 무역학회지
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• 제42권6호
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• pp.87-110
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• 2017

이 글은 FTA 활용이 우리 농산업화에 갖는 의미를 살피고, 농업분야 FTA 활용 확대를 위한 정책적 시사점을 찾는 것을 목적으로 한다. 이 연구는 농산업화의 핵심인 농기업과 지역농가 간의 계약생산의 실 사례를 살피는 사례연구로서 학문적으로는 FTA 활용에 대한 논의를 농산업화 연구까지 확장하는 의의가 있고, 실천적으로는 우리 농업분야 과제에 대한 근본적인 해법을 제시하고 FTA 활용 확대를 위한 정책적 시사점을 찾는 의의가 있다. 연구결과를 통해 FTA로 인해 유발된 경쟁 속에서 농산업화가 진전을 이루기 위해 농기업과 농가 간 평등하고 공정한 관계 형성을 위한 정부의 지속적인 조정과 지원이 필수적임을 강조한다.

• 한국항만경제학회지
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• 제32권3호
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• pp.83-94
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• 2016

본 연구에서는 한국과 총 5개 단일국가(칠레, 싱가포르, 인도, 페루, 미국) 간 FTA 발효가 부산항 벌크물동량에 미치는 영향에 대한 실증분석을 시도하였다. 분석을 위해 대한민국과 FTA가 발효된 5개 국가(효과집단)와 2015년 기준 부산항 벌크물동량 교역 상위 80%의 비중을 차지하는 10개 국가(통제집단)의 횡단면 및 시계열로 구성된 패널자료를 사용하였다. 분석 결과 FTA 발효는 부산항 벌크물동량의 증대에 기여한 것으로 나타났다. FTA 이외의 GDP, 인구 변수는 부산항 벌크물동량과 양(+)의 효과를 보이는 것으로 나타났으며, 거리 변수는 물동량과 음(-)의 효과를 보이는 것으로 분석되었다. 국가별 패널자료는 하우스만 검정 및 LR검정을 통해 확률효과모형이 적합한 것으로 나타났다.

• 전자통신동향분석
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• 제37권5호
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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.

• 한국중재학회지:중재연구
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• 제17권3호
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• pp.145-167
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• 2007

Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.

• The Journal of Asian Finance, Economics and Business
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• 제9권2호
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• pp.313-324
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• 2022

The Chinese outward foreign direct investment (OFDI) involves various bilateral trade agreements and regional agreements signed between China and other countries. This study examines the impact of Chinese OFDI in ASEAN-5 countries through ASEAN-China Free Trade Agreement (ACFTA) namely Indonesia, Malaysia, Philippines, Singapore, and Thailand from 2000 to 2016. This study attempts to address three research objectives. The first is to examine the motives for China's investment in ASEAN-5. The second is to explore the different impacts of China's investment across countries. The third is to investigate whether the OFDI conducted by state-owned enterprises (SOEs) will produce different impacts on the firm's efficiency score. Using the DEA approach, this study finds evidence that the overall Chinese OFDI is relatively efficient. We find that the estimated efficiency score of this OFDI has improved in pre- and post ACFTA where a higher overall efficiency score was reported when comparing pre- and post ACFTA signing for both SOEs and NSOEs. Finally, China's parent firms' efficiencies showed higher scores among NSOEs compared to SOEs after the signing of ACFTA for all ASEAN countries except Malaysia. We highlight that the country's institutional infrastructure, earlier investment presence, and diplomatic ties help in shaping an effective trade agreement.