• International Commerce and Information Review
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• v.14 no.1
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• pp.247-271
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• 2012

This paper finds out that the WTO's member countries' environmental measures have sometimes reflected the interests from their domestic industrial fields under the name of environmental protection. For the harmonious linkage between the trade and environments under the WTO mechanism, it is required for the concerned parties to reach the consensus for the measures to be imposed domestically and internationally, as well as the WTO's judicial efforts to make more scientific approach. Such coordination and consensus among the concerned parties to the domestic and international environments would be the efficient way to solve the conflicts between the trade and the environments, together with the WTO's more scientific approach in interpreting and applying the environmental provisions.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.157-177
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• 2017

World Trade Organization(WTO) has 164 members since it has established on 1995. It plays a significant role in solving the world trade disputes. The process of the dispute settlement mechanism includes five steps: Negotiation, Establishment of experts group, Deliberation of appellate body, Execution and Supervision of Verdict and the Sanctions for Default. It suggested that the higher rate of developed countries using mechanism to solving the disputes than developing countries solving disputes by mechanism through the analysis of dispute of WTO members. Meanwhile, the more powerful economic entity is, the more trade dispute will be. There are several problems of mechanism by analysis the recently famous cases of trade disputes: Overburden of experts panel, Low utilization rate of the mechanism of developing countries, Lack of economic competition policy and labor standard terms and Unfulfillment of retaliatory measures of developing countries towards developed countries. This paper propose proper solutions and advises to improve mechanism of WTO dispute settlement.

• Journal of Agricultural Extension & Community Development
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• v.10 no.2
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• pp.211-227
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• 2003

According to the TRQ system created by WTO agreement on agriculture, Korea notified the WTO of the application of tariff rate quotas for 67 agricultural commodities(now, 63 commodities). Among these government administrate state-operated trade for 17 commodities. However, WTO/DDA negotiation will bring about lowering tariffs and increasing quantities of tariff quota. This study suggest the development programs corresponding WTO/DDA agriculture negotiation. First, from the viewpoint of the protection of domestic agriculture & improving transparency of agricultural import administration, the administration system of the state-operated trade will be necessary to be transformed for market oriented methods. Second, the administration system of the state-operated trade will be necessary to be rendered unified organization also. The current system of the state-operated trade shows the phenomena og many divergency. And third, The quantities of market access of FTA between Korea and Chile will be desirable to be administrate by state-operated trade. Because, according to diffusion of FTA treaties, the amount of market access quantities of FTA increase rapidly henceforth.

• Food Science and Industry
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• v.51 no.3
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• pp.196-208
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• 2018

This paper described the contents of the WTO (world trade organization) SPS (world trade organization) Agreement and trends in the WTO SPS provisions such as equivalence, localization, transparency, and risk assessment. The purpose of the WTO SPS agreement is to promote international trade by preventing arbitrary and unreasonable use of SPS measures, which are the rights of a country for the protection of human health and animal and plant health, and by abolishing the non-tariff barriers. To this end, the requirements for implementing the SPS measures taken by the importing country are restricted to those that can scientifically prove to be inevitable for SPS protection. The major provisions in WTO SPS agreement were elaborated to promote international trades. When trade-restricted SPS measures such as prohibition of imports are made, a scientific basis should be provided. Therefore, it is essential to provide scientific evidence based on risk analysis to protect people's health from potentially harmful imported foods.

• Journal of the korean veterinary medical association
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• v.39 no.5
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• pp.446-456
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• 2003

본인은 '03.4.1-4.3(3일간) 스위스 제네바에서 개최된 제26차 WTO/SPS위원회 회의에 대한민국 대표단의 일원으로 참석하였다. 본 회의에서는 WTO/SPS협정의 구체화 및 이행방안, 교역과 관련된 SPS 현안 등에 대한 논의가 있었다. 최근 WTO/SPS위원회에서 무엇이 논의되고 있으며, 쟁점사항이 무엇인지 등을 보고 형태로 기술하여 전국의 수의직 공무원 및 관련 분야 종사자에게 조금이나마 도움이 될 것을 기대하며 참석결과를 소개하고자 합니다.

• The Journal of Information Technology
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• v.5 no.3
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• pp.137-156
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• 2002

This paper is to analyzes the recent discussions in the WTO and to draw some basic policy implications for Korea concerning electronic commerce. To foster electronic transactions. the WTO agreement should establish a basic legal framework for international transactions to guarantee a stable and predictable environment. The member countries in the WTO, however, have not formed a consensus on the definition, classification, technological neutrality, and domestic regulations dealing with electronic commerce. Digital transfer and classifications of electronic transfer are the most difficult problems to be solved. The discussions on electronic commerce which had been on hold after the Seattle Ministerial is due to begin in a special working group of specialists. Electronic transactions in Korea have been increased rapidly and the implementation of concrete forms and rules of electronic commerce in the WTO will be influential to international trade as we to adopt them in the transactions. Therefore, we have to open our eyes to the trends of international discussions on this matter and to make our rules and laws of electronic commerce to the international levels.

• Korea Trade Review
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• v.45 no.2
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• pp.177-189
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• 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.

• Korea Trade Review
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• v.46 no.4
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• pp.113-130
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• 2021

This study aims to analyze the WTO-inconsistent aspects of the single rate presumption of the United States in establishing and imposing anti-dumping duties for non-market economy exporters. By examining the drafting history in the GATT/WTO negotiations and the practice of the single rate presumption for non-market economies by the United States from a comparative perspective, it critically addresses the inherent lack of pertinent disciplines under the framework of the WTO Anti-Dumping Agreement in establishing dumping margins for exporters of non-market economies. The WTO Dispute Settlement Body leaves open the possibility of allowing the investigating authority to consider multiple exporters and the exporting country as a single entity. However, the study argues that it is difficult in practice for the investigating authority to make a single-entity decision in a WTO-consistent manner. The study also finds an incompatibility in the notion between establishing dumping margins for 'individual' exporters and 'non-market economies.' A proper discipline for non-market economies under the multilateral anti-dumping norm needs to be reconsidered in the era of persistent trade conflicts between the United States and China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.699-733
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• 2000

This article analyzes the state-of-play of WTO dispute settlement for first four and a half years. Remarkable points found on this analysis are as follows: First, the Quad consisting of the United States, the European Community (EC), Canada and Japan has participated in the WTO dispute settlement mechanism more frequently than any other WTO member. Second, among developing country members some leading countries such as Korea, Brazil and India have relied actively upon the mechanism to claim and defend their rights and obligations under the WTO rules. Third, bilateral dispute settlements generally have been preferred to multilateral dispute settlements by the panel or Appellate Body. Fourth, observation of the Appellate Body proceedings well shows WTO members' strategy to use every process available to them. Fifth, the provisions of GATT 1994 have been most frequently invoked by the members. GATS and TRIPS Agreement disputes are mainly involved in developed countries, in particular the U.S. and the EC. Sixth, very high winning ratio in the panel and Appellate Body process indicates that complaining parties review the possibility to get favorable rulings even before referring to the Dispute Settlement Body (DSB) and prepare for the case very thoroughly. Seventh, roughly speaking, disputes were settled within two or three years. Therefore, seeking bilateral dispute settlement can be more advantageous to a complaining party than referring to a panel or an arbitrator because of low costs and short time period in dispute settlement. Finally, the DSB approved retaliatory actions for winning complaining parties against the defending parties who had rejected implementation of its rulings and recommendations. In conclusion, it can be said that the WTO dispute settlement mechanism has been operated very successfully for the first four and a half years. It is hoped that continued study on state-of-play of WTO dispute settlement mechanism will be contributory to improved national interest of Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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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.