• 무역상무연구
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• 제12권
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• pp.615-641
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• 1999

Trade and the environment emerged as a major and complex issue for trade negotiators in the final stages of the Uruguay Round negotiations. The agreements and other international measures employing trade measures and trade sanctions for achieving global environmental objectives are Vienna Convention on the Protection of the Ozone Layer(1985), the Montreal Protocol on Substances that deplete the Ozone Layer(1987), The Framework Convention on Climate Change(1992), the Convention on Biological Diversity(1992), the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal(1992), the Convention on International Trade in Endangered Species of Wild Faunna and Flora(1975), the Rio Declaration, the Agenda 21, etc. The texts of the World Trade Organization(WTO) incorporated certain provisions which were designed to reflect some of the environmental concerns are Trade-Related Aspects of Intellectual Properity Rights(TRIPs), Trade-Related Investment Measures (TRIMs), the General Agreement on Trade in Services(GATS), and Technical Barriers to Trade(TBT) There is the possibility of conflict between multilateral environmental agreements and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility, especially between countries which are Member of WTO and which are not Members of the relevant multilateral environment agreements, and countries which are Members of both the WTO and the relevant MEAs. Measures taken under the trade-related provisions of MEAs could potentially give rise to conflicts under obligations arising in WTO texts. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms and vice versa. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority. However, such measures should neither constitute a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Also any trade measures taken should be necessary to prevent developments in trade from endangering the effectiveness of an MEA and they should be proportional and least trade restrictive.

• East Asian Economic Review
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• 제26권2호
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• pp.95-117
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• 2022

This paper empirically examines what factors affected the termination of anti-dumping measures in Korea during the 2006-2019 period. Employing a meticulous literature review, the paper investigates the WTO's and Korea's rules on the termination of anti-dumping measures and sets up the related variables in the Cox proportional hazards model. The empirical results show that the GDP growth rate, employment, and trade competitiveness in domestic industries had positive effects on the hazard of the termination of AD measures, while free trade agreements had negative effects. By industry, the hazard of the termination of AD measures was less prominent in the steel industry, while it was more prominent in the machinery industry. These results imply that AD measures in Korea had the properties of a proper trade remedy policy and, at the same time, a protectionism tool to sustain its domestic industries, depending on industrial characteristics and other trade policies.

• 통상정보연구
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• 제6권3호
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• pp.203-224
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• 2004

The purpose of this study is to review and analyze the protection measures for the importer's interests through the utilization of electronic delivery order(e-D/O) with the implementation of trade facilitation measures such as the simplification of customs procedures by the Korea Customs Service. The Korea Customs Service has been introducing several custom facilitation measures through the use of EDI system in the export and import processes. Korea has also already achieved a comparable level of sophistication in trade automation and custom simplification field. However, the full benefits of the trade automation and custom simplification measures have not yet achieved through the frequent illegal delivery of the imported goods in the bonded areas. Therefore, it is argued in this study that the introduction and the full utilization of e-D/O would help to reap the trade automation and custom simplification measures in Korea. In conclusion, it is emphasized that it would be very crucial for the Korean government to introduce the trusted repository for distribution of the electronic trade-related documents and the construction of the one stop single window platform for the trade and customs facilitation.

• East Asian Economic Review
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• 제22권4호
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• pp.403-425
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• 2018

This paper documents the presence of "sensitive sectors" in Free Trade Agreements, defined as sectors for which the within-FTA tariffs remain positive. The paper includes some brief theoretical discussion of the welfare implications of these, but the main emphasis is on reporting two measures of this phenomenon for countries in FTAs that entered into force between 1994 and 2003. One measure is the percentage of tariff lines that remain dutiable, and the second is the change, from before the FTA to after, in the average maximum (across 6-digit products) positive tariffs. Both measures are derived from data in the UNCTAD TRAINS database, and are then related to measures of country characteristics that might explain them. Low per capita GDP countries tend to have larger fractions of dutiable tariff lines, while higher income countries tend to post larger increases in average maximum positive tariffs. Both suggest that the favored treatment of sensitive sectors is undermining the potential gains from trade that FTAs could provide.

• 무역학회지
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• 제45권1호
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• pp.101-118
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• 2020

This study aims to quantify the effects of non-tariff measures (NTMs) on exports in the Korean manufacturing industry. To do this, we employ product-level export data that includes information about whether or not a product is affected by NTMs. One of the main results is that NTMs (SPS/TBT) on average led to reduction in Korean exports. However, the effects of NTMs differed depending on the income level of the NTM-imposing country. The NTMs imposed by high-income countries, such as U.S.A. and Japan, were found to impede Korean exports, whereas the export effect of NTMs imposed by low-income countries such as China was found to not be statistically significant. In addition, the results analyzed based across industries, income level, and types of NTMs are as follows. First, NTMs imposed on textile-related products generally hindered exports regardless of the type of NTMs, but its negative impact on exports was noticeable in the case of NTMs originating from high-income countries. On the other hand, chemical product-related NTMs were found to lead to an increase in Korean exports, and it had a positive effect in the case of SPS imposed by low-income countries. In other industries except for textile- and chemical-related products, the effects of NTMs on exports were either statistically insignificant or showed inconsistent patterns.

• 무역학회지
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• 제44권2호
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• pp.287-305
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• 2019

The export of agricultural, fisheries, and food products acts as an engine of growth for developing countries in particular. However, exporting these items is easier said than done since issues of certification and inspection, so-called technical barriers to trade (TBT) and sanitary and phytosanitary measures (SPS), in developed markets have worked as major obstacles for exports. This paper examines the institutional aspects and recent trends of South Korea's TBT/SPS-related cases against exporting firms of the developing countries. We suggest a win-win partnership model that can promote cooperative synergies between Korea and developing employing trade-related technical cooperation or ODA (Official Development Aid). Technical cooperation such as the provision of on-spot field consulting services on TBT/SPS-related issues for exporting firms and Korean OEM firms of developing countries can lead to mutual gains. This cooperative partnership can create gains from "the trade-development nexus" for both sides while promoting sustainable trade and investment relationships between Korea and developing countries.

• 무역상무연구
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• 제74권
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• pp.125-150
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• 2017

Environment protection is one of the important political goals along with trade liberalization. Some of the institutions associated with it, however, either hinder trade or exert distorted influence and can arouse trade conflicts eventually. Therefore, harmony between environment protection and trade policy is becoming a crucial issue nowadays. Among the policies for environment, those related to climatic change are regarded as major tasks to deal with in the world commonly. Saying that it is for environment protection, advanced countries impose fines for environment protection on developing countries through border tax adjustments about the items imported from them. However, there is no such agreement about it internationally, so disputes often arise regarding what extent is appropriate as countries cope with it differently in their own way. Disputes about measures for climatic change are highly influential economically, and due to the severe conflicts of interests between states, they often tend to become politicized. Accordingly, we can say that such disputes affect international trade based on the WTO system seriously. When it comes to negotiation for climatic change, we should establish international systems urgently which can work fairly and effectively for all the countries joining in it. Therefore, it is important to examine the treatment of trade restriction measures intended to solve climatic change in international negotiations and establish definite conditions about which measures are allowed and which are not. In conclusion, we should devise rules for environment protection internationally which all the countries in the world can accept and agree on and also make the definite criteria of interpretation as well. Also, through those trade regulations, we should be able to accomplish environment protection globally and at the same time produce synergy, that is, economic growth through trading.

• 무역학회지
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• 제44권1호
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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.

• 통상정보연구
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• 제7권4호
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• pp.135-156
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• 2005

Since July 7 mutual declaration in 1988 which is a landmark for South-North Korean relations, Inter-Korean Trade has been set out. During the period, the Inter-Korean Trade has been ups and downs depending on the Inter-Korean relations and economic situation of both countries. South Korea became one of the major three trading countries of North Korea's trading partners in 2000, when the sum of annual trade volume reached the record 425million US dollars. A rapidly increasing number of countries including North Korea are developing national policies and strategies to promote the digital economy, recognizing the potential benefits of e-business as an engine of growth and development. However, the trade structure of South-North Korea remains very simple in terms of its contents. Furthermore trade procedure many limitations especially electronic commerce in North Korea has many obstacles to working properly. The information in Inter-Korean trade cannot be shared in common. South Korean firms have suffered repeatedly trial and error and excessive competition took place among South Korean firms. Institutional inertia related to mutual trade, political and military Impacts on Inter-Korean economic relations, abnormal industrial structure of North Korea and insufficiency of SOC could be mentioned as major problems in Inter-Korean trade as well. Several measures should be taken in order to cope with those problems. First of all, South Korean government should provide valuable information to business firms about North Korean economy and business environments. It is suggested that forums related to inter-Korean trade hold in regular base between South and North Koreas and establish the system of business information sharing. Second, the government should improve various laws and regulations to respond to the realistic needs of inter-Korean trade. That is, detailed measures should be taken to guarantee investment in electronic commerce. Third, it is desirable to start with the mutual agreement between South and North Korea.

• 무역상무연구
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• 제38권
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• pp.303-325
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• 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.