• 무역상무연구
• /
• 제38권
• /
• pp.303-325
• /
• 2008

China's "Foreign Trade law" 16.4 revised in 2004 like "Foreign Trade law" 16.2 in 1994 is still stipulated resource restriction to protect domestic resources and it does not satisfy the introduction of article 20 and section (g) of GATT 1994. Through an interpretation of related regulations and China-EU cokes dispute, the paper points out that China's "Foreign Trade law" 16.4 has no validity of the introduction of article 20 and section (g) of GATT 1994. Comparing China's "Foreign Trade law" 16.4 to GATT 1994 20(g), China's "Foreign Trade law" 16.4 does not include important conditions of GATT 1994 20 introduction such as not being arbitrary or unjustifiable discrimination and disguised restriction on international trade. For example, based upon China's "Foreign Trade law" , if she restricts or prohibits important natural resources that Korea mainly relies on China, it will effects not only trade between two countries but also our lives and securities. Hence, it is highly time to analyze China's the Validity of the China's Resource Export-Quota Restrictive Measures under the GATT/WTO. In the process of resolving China-EU cokes dispute in 2004, ministry of Commerce of China shows well its characteristics of dispute settlement and also we can find out EU's logical countermeasures. Therefore, because of the high possibility of disputes between Korea and China in the area of natural resources, Korea needs to pay attention to the China's resource protecting policies, and if it violates GATT 1994 20 introduction and (g), we should consider to sue China to WTO. The paper believes that it will play an important role as an aggressive demand and effect on amendment of China's "Foreign Trade law" in the long term.

• 무역학회지
• /
• 제47권5호
• /
• pp.201-221
• /
• 2022

This study aims to analyze a harmonious approach between trade norms for the protection of human rights and the WTO agreements is increasingly necessary and important. conflicts and harmonization that may occur between major human rights protection trade norms and WTO agreements were comprehensively reviewed. The hard legalization of corporate social responsibility for sustainable development, such as human rights protection, was in conflict with the WTO Agreement, which was based on the principle of non-discrimination. As the currently expanding human rights protection trade norms reflect differences in the positions of developed and developing countries, it was also pointed out that there may be disputes over WTO compatibility and distorted protectionism measures. Accordingly, the applicability of the general exceptions to Article 20 of the GATT were reviewed together, and Article 20(a) of GATT, "necessary to protect public morals" may differ between developed and developing countries, and thus limitations were also considered. At the same time, When it is necessary to take regulatory measures such as prohibition of imports from a specific country for human rights protection, it was reviewed and proposed domestic trade norms revision.

• 무역학회지
• /
• 제44권6호
• /
• pp.327-344
• /
• 2019

This paper explores the hub-and-spoke system as the structure of the global economic network that presents obstacles for international cooperation. With its exclusive jurisdiction and control over the hub, a powerful state can employ coercive economic measures to compel and deter unwanted behavior of rogue states and even its allies. Against this backdrop, this study analyzes the cases of the US blocking access to its market by Chinese Huawei as well as the case of Japan in restricting trade for highly advanced goods to South Korea. This analysis reveals that both measures are forms of secondary boycotts, which affect not only the entities within their jurisdiction but also others located in third countries. In addition, this paper extends its findings to free trade agreements and offers implications on the outward processing scheme for the Gaeseong Industrial Complex in the KORUS FTA and the Korea-China FTA. These events result in a gray-risk for South Korea, a country that aims to resolve North Korea's denuclearization and inter-Korean economic cooperation.

• 통상정보연구
• /
• 제14권1호
• /
• pp.247-271
• /
• 2012

1995년 WTO체제의 출범이후 환경론자들과 WTO 옹호론자들간의 환경과 자유무역의 촉진관계를 둘러싸고 논쟁이 증가해 왔다. WTO의 자유무역론자들은 환경보호를 빌미로 하는 위장된 무역제한수단을 강조해 온 반면 환경론자들은 WTO체제가 환경관련 협정문의 불충분 때문에 환경문제를 적절히 다룰 수 없다고 주장해오고 있다. 본 논문에서는 WTO 회원국들이 취한 환경보호조치가 환경보호를 빌미로 하여 국내산업계의 이해관계를 반영해 왔음을 발견하였다. 이를 근거로 본 논문에서는 향후 WTO체제내에서 환경과 무역간의 갈등문제를 해결하기 위하여는 WTO의 사법적 접근과 함께 환경보호조치와 관련하여 국내 및 국제적인 이해관계와 집단간의 이해관계를 아우를 수 있는 조화와 조정 노력이 필요할 것이란 점을 밝히고 있다.

• 아태비즈니스연구
• /
• 제12권2호
• /
• pp.187-203
• /
• 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.

• 동남아시아연구
• /
• 제24권2호
• /
• pp.35-79
• /
• 2014

This study examines the measures for the activation and the growth of intra-regional trade in Southeast Asia taking a look at the four dimensions of tariff rates, non-tariff barriers, trade facilitations, and trade infrastructures. Utilizing a gravity model, we performed empirical analysis and discussed the policy implications with the priorities to implement. To expand the intra-regional trade in Southeast Asia it would be necessary to enhance the level of trade facilitations and provide trade infrastructures, such as ports and airports as well as cutting the tariff rates and eliminating the non-trade barriers. In particular, in the case of exports of ASEAN6 to ASEAN6 the infrastructure is the important factor. Also, in the case of the exports of ASEAN6 to CLMV(Cambodia, Laos, Myanmar, and Vietnam), it is expected that eliminating non-tariff barriers and enhancing trade facilitations may play important roles in the progress of intra-regional trade. These results may provide the important implications for Southeast Asian countries, which are trying to promote intra-regional trade ahead of the constitution of ASEAN Economic Community by 2015. Southeast Asian countries could be evaluated to achieve a certain level of trade liberalization and economic integration through the formation of AFTA. But in order for Southeast Asia to develop to advanced economic integrated region it requires mutual cooperations and policy harmonizations among regional countries. Also, for the elimination of non-tariff barriers, promoting trade facilitations, and providing infrastructures, the administrative, legal, and institutional measures would have to be fulfilled in advance. In addition, capital investment for constructing infrastructures would be necessary to realize the intra-regional trade expansion. However, to achieve the goal, it would require a large capital investment and highly mandated policy considerations and harmonizations among Southeast Asian countries in terms of further trade liberalization and economic integration.

• 청정기술
• /
• 제4권1호
• /
• pp.24-34
• /
• 1998

Eco-labelling programs contributed to the promotion of international trade of environmentally friendly products. However, it has potential trade implications. From the WTO's point of view, environmental measures relevant to eco-labelling should not discriminate between home produced goods and imported goods. Transparency should be guaranteed in preparation, adoption and application of eco-labelling. Developed countries address that eco-labelling of non-product PPM criteria is included in the provisions of TBT of WTO. However, there are more general afraids that non-product PPM-based eco-labelling can be unfairly discriminately trade measures without transparency Thus, transparency of procedures of eco-labelling, harmonization and mutual recognition of eco-labelling criteria, and technical assistance should be recommended in order to reduce trade-discriminating effects of eco-labelling.

• Journal of Korea Trade
• /
• 제27권5호
• /
• pp.41-62
• /
• 2023

Purpose - This paper examines whether the imposition of countervailing duties by the United States on undervalued foreign currency is legally consistent with the WTO's SCM Agreement. Design/methodology - The study uses a methodology that involves analyzing relevant WTO agreements, prior panel reports, Appellate Body decisions, and other legal documents. Findings - The findings suggest that to impose countervailing duties, certain legal requirements must be met, including financial contribution, benefit, and specificity. The paper also notes that when calculating the benefits of undervalued foreign currency, losses from import activities due to currency undervaluation must be considered. Additionally, classifying all exports to the US under specific industries or business groups is likely to be inconsistent with the SCM Agreement. Originality/value - Even the US countervailing measures on exchange rate subsidies may not comply with WTO regulations due to incorrect calculation of benefits and a lack of specificity, however, it suggests that when intervening in the foreign exchange market, the measures should aim to achieve only minimum policy goals.

• 무역학회지
• /
• 제45권2호
• /
• pp.177-189
• /
• 2020

The dispute settlement mechanism of the World Trade Organization (WTO) is in great peril. The Appellate Body has ceased to function last December as the United States has blocked the appointment of new Appellate Body members since 2017. The focus of this study is on the examination of US's discontent on the Appellate Body and various efforts to reform the Appellate Body. In a recent report, the US Trade Representative raises its concerns on the Appellate Body including 90 days mandatory deadline, transitional rules for outgoing Appellate Body members, scope of appeal, advisory opinions, precedent, recommendation, and overreach without offering any viable solutions. Some of WTO members and experts proposed several Appellate Body reform measures but agreement between WTO members is unlikely in a foreseeable future. Alternative dispute settlement mechanisms should be seriously considered such as interim appeal arbitration arrangements, separate dispute settlement mechanisms for trade remedies, unilateral retaliatory measures without WTO authorization. Rules-based multilateral dispute settlement system is imperative to small open economies like Korea. The Korean government should actively participate in Appellate Body reform discussions with other WTO members to keep the WTO dispute settlement system from collapsing.

• 아태비즈니스연구
• /
• 제14권4호
• /
• pp.371-385
• /
• 2023

Purpose - The purpose of this study is to analyze Korea's trade relations centered on the MERCOSUR, a major economic integration in Latin America, and identify its problems and suggest measures that can be taken by the government and corporations to reinforce economic cooperation. Design/methodology/approach - To improve the level of contribution of the study, an empirical analysis is necessary. However, due to limited data access, the study will approach the topic of trade relations between Korea and the MERCOSUR with various statistics and literature. Findings - First, there is an urgent need for changes in import-export goods between Korea and the MERCOSUR, as trade is focused on specific items. Second, although foreign direct investment from Korea to the MERCOSUR is centered in manufacturing and mining industries, there should be different investment strategies by countries and industries. Third, it is necessary to reinforce commercial cooperation. Korea currently has Free Trade Agreements with Chile, Peru, and Columbia, but not with MERCOSUR. Therefore, Korea must take active measures to sign an TA with MERCOSUR, which has been put on hold. Research implications or Originality - Latin America has the most thriving market when it comes to Free Trade Agreements worldwide. MERCOSUR is a South American Trade Bloc established by the Treaty of Asunción in 1991 and Protocol of Ouro Preto in 1994. Its full members are Brazil, Argentina, Uruguay and Paraguay. However, there is still a lack of research on the MERCOSUR, and corporations that aim to enter the Latin American market face difficulties due to lack of information. By investigating MERCOSUR and its prospects and analyzing the trade relations with Korea, this study will provide strategic measures for corporations that wish to enter the Latin American market.