• Title/Summary/Keyword: USMCA

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Institutional Arrangements and Dispute Settlement Mechanism in Major Digital Trade Agreements: A Comparative Analysis and Its Implications for Korea (주요 디지털통상협정 내 제도적 장치 및 분쟁해결제도 비교 분석 및 한국에의 시사점)

  • Bomin Ko
    • Korea Trade Review
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    • v.47 no.5
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    • pp.273-288
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    • 2022
  • This study first classifies and organizes provisions on institutional arrangements (or IAs) and dispute settlement mechanism(or DSM) in a digital trade agreement. Then it conducts a case study on seven major digital trade agreements: the CPTPP, the USJDTA, the USMCA, the ASDEA, the RCEP, the KSDPA, and the DEPA. And it finally derives implications for Korea to improve implementation of DTAs by communicating better and resolving disputes efficiently with the help of IAs and DSM-related provisions. IAs of a digital trade agreement can be defined as a set of agreements on the division of the respective responsibilities of agencies involved in implementing and enforcing the agreement, including committees, working groups, or contact points. DSM of a digital trade agreement includes consultation, mediation, arbitration, and establishment of a panel. Comparing six FTAs with an e-commerce chapter, the CPTPP, the USMCA, and the RCEP contain the most advanced type of IA provisions while the CPTPP, the USMCA, the RCEP, and the KSDPA have that of DSM provisions. Korea is its initial stage as it has only signed the KSDPA with Singapore as well as it is about to launch a new digital trade negotiation for the DEPA, the CPTPP, and even the IPEF, it is necessary to engage in negotiations with a clearer position on behalf of Korean digital companies. As provisions on IAs and DSM are important policy tools that can reflect industry concerns and convey proposals in inter-governmental dialogue, a Korean draft of the IAs and DSM-related provision should be prepared in advance.

An Endogenous Decision on the Stringency of the Rules of Origin Verification and its Implications: Focusing on Lobbying a Myopic Government (원산지규정 사후검증제도의 엄격성에 대한 내생적 결정과 함의 : 근시안적인 정부에 대한 로비모형을 중심으로)

  • Woo, Han-Soun;Hwang, Seok-Joon;Hwang, Uk
    • Korea Trade Review
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    • v.44 no.2
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    • pp.203-219
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    • 2019
  • Recently, the Trump administration initiated a new United States-Mexico-Canada Agreement (USMCA) that strengthened NAFTA's rules of origin to enhance protectionism while maintaining the framework of trade agreements rather than completely abolishing them. This study focuses on the behavior of firms motivated to influence the government to practice protectionist trade by analyzing the rules of origin verification and adopting the political economics model. This paper explains the process of endogenous determination of the stringency of rules of origin verification as a non-tariff barrier using the lobbying model. Comparative static analysis shows that the more efficient technology a domestic firm has and the more government prefers to raise political contribution, the more is verification likely to be strict. This suggests that a rationale exists to maintain a free trade agreement in the form of the new agreement (USMCA) without abolishing the current NAFTA regime.

Linking trade to labor and environmental issues in the multilateral trading system with a focus on the fisheries sector (다자통상제상 노동·환경 이슈의 무역 규범화에 관한 연구: 수산분야를 중심으로)

  • Seo-yeon Oh;Ji-Eun An
    • Asia-Pacific Journal of Business
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    • v.14 no.1
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    • pp.381-396
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    • 2023
  • Purpose - The purpose of this study was to analyze environmental and labor issues and related norms, which are new trade issues that are expanding in bilateral and multilateral trade agreements, and examine the possible impact of these norms on domestic fisheries policies. Design/methodology/approach - In this study, literature research was used as the main research methods. The comparative analysis of international norms and multilateral trade agreements texts related to the environment, labor and trade were conducted. Findings - The new trade norms in the fisheries sector can be represented by labor and environment issues. Since domestic environmental and labor standards do not fully meet the standards of the multilateral trade agreements, it is necessary to ensure that domestic norms are supplemented and relevant policies are newly established through a review of international law on environment and labor. Research implications or Originality - This study confirmed that international norms related to labor and environment in the fisheries sector are mixed with soft norms and binding norms, and each norm is linked in a multi-layered and mutual way. Such international norms are being strengthened in connection with trade agreements and issues.

Evolution and Evaluation of Digital Trade Rules in Regional Trade Agreements in the Asia Pacific Region (아·태지역 디지털 무역 관련 지역무역협정을 통한 규범화 발전 동향과 평가)

  • Hyo-young Lee
    • Korea Trade Review
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    • v.46 no.4
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    • pp.39-60
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    • 2021
  • Despite the fast growth and rising importance of digital trade, there still exists no multilateral agreement governing digital trade. Significant differences in policy directions regarding key digital trade issues among the U.S., EU and China are the main stumbling blocks for reaching agreement on the multilateral front. To overcome this deficiency in digital trade rules, there has been active movement among mainly countries in the Asia-Pacific region for rule-making on digital trade. Starting with the CPTPP chapter on E-Commerce in 2018, there has been a series of digital trade rules agreed in bilateral or plurilateral formats, such as the USMCA, USJDTA, DEPA, DEA and RCEP. Korea is currently only member of RCEP, which contains an e-commerce chapter with lower levels of commitment as compared to other digital trade agreements. This paper provides a broad analysis of the recently concluded digital trade agreements, comparing the different coverage of rules, levels of commitment, and rules templates. The analysis aims to provide implications for the desirable direction of rule-making on digital trade and Korea's digital trade strategy.