• International Area Studies Review
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• v.13 no.2
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• pp.573-600
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• 2009

Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.

• International Commerce and Information Review
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• v.11 no.2
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• pp.259-279
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• 2009

Recently, FTA is quickly spreading out all over the world. In Korea, roles of trade in the economy are significantly important. Therefore, in order to adapt quickly to changed international trade environment, FTA negotiation and its agreements have been accelerated. In Korea, the trade deficit is expected to continue in telecommunications services sector. Meanwhile, pressures to open the market have been intensified in telecommunications services at WTO and FTA negotiations. Therefore, in the middle of opening the market, the expansion plans to increase the competitiveness of our telecommunications services are required to be searched. Thus, in this paper, we reviewed the Korea trade policy status related to telecommunications services based on realistic situation. Also, after reviewing the trade issues which are raised in the WTO and FTA negotiations, the major issues in WTO and FTA were driven to the lessons.

• International Commerce and Information Review
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• v.14 no.1
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• pp.221-246
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• 2012

The purpose of this study aims to analyse the case on the violation of the Agreement on WTO-TRIMs in the China with auto parts case. The Agreement on Trade Related Investment Measures(TRIMs) are rules that apply to the domestic regulations, a country applies to foreign investors, often as part of an industrial policy. The agreement was agreed upon by all members of the WTO. The TRIMs Agreement bans any laws, policies or administrative regulations favouring domestic products. This includes government incentives to encourage corporations to use domestically made products as a way of creating or protecting local jobs. The Agreement on TRIMs is only one such restriction within the broader WTO regime. Policies such as local content requirements and trade balancing rules that have traditionally been used to both promote the interests of domestic industries and combat restrictive business practices are now banned. In many ways the Agreement on WTO-TRIMs is less significant than the WTO agreements on services, etc. The TRIMs Agreement does not involve any new rules or disciplines, referring only to the existing provisions under the GATT. However, by enforcing GATT provisions on 'national treatment', this short and simple agreement has had farreaching effects on auto parts, etc. Meanwhile, China has been members of the WTO late 2001, once the measures imposed high-rate tariff for import parts was intended to regulate importer of auto parts in order to avoid the high-rate tariff.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.337-364
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• 2009

Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

• Korea Trade Review
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• v.43 no.4
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• pp.131-153
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• 2018

This paper evaluates Korea's achievements in implementing the WTO Information Technology Agreement (ITA1), which has been referred to as one of the most successful stories in trade liberalization. ITA1 and other agreements for trade liberalization were evaluated based on quantative statistics, and the implication that is not shown as numbers has often been ignored. Based on in-depth interview methods, results of this paper provides academic importance in filling the gap in knowledge regarding the success of trade liberalization from a qualitative perspective. As well, it has practical importance in exploring implications for continuing the success in implementing the ITA2 and further implementing other agreements for trade liberalization.

• Korean Journal of Construction Engineering and Management
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• v.10 no.3
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• pp.72-82
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• 2009

Lowering threshold value of construction services is extremely sensitive issue to the small and medium enterprises in construction industry. Because it means opening the construction markets where the small and medium construction companies compete intensely. Nevertheless, it is absent that the analysis on the effect of opening the market lowering threshold value of construction services under Government Procurement Agreements or Free Trade Agreement. This research is to analyze the effects of lowering threshold value of construction service which have been agenda repeatedly in the international agreements such as WTO and FTA. The current threshold value of construction services of Korea under WTO GPA are 5million SDR where the government delivers and 15million SDR where the local government or the public institution deliver. However major parties to an entente such as USA and EU have been demanding to lower threshold value of 15 million SDR where the local government or the public institution deliver to 5million SDR. The analysis figure the effect of this lowering threshold value to be a market reduction by 2trillion Won as '07 fiscal year basis. This market shrinkage will effect to the small and medium construction companies in local considerably.

• International Commerce and Information Review
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• v.19 no.1
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• pp.155-187
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• 2017

In the US, the Sections 301 of the Trade Act of 1974 are still being used to resolve disputes. The U.S' such unilateral retaliations grounded on the Sections 301 of the Trade Act, in fact, violate the WTO agreements and hinder the development of international trade as the trade partner may assume it as a reprisal move impeding the fair settlement of disputes. Here, this study is going to examine the characteristics and functions of the WTO dispute settlement system briefly and compare the countermeasures recognized to be legitimate by the WTO with the U.S' unilateral retaliation. Also, this author will analyse the US-Japan Automobiles (DS6) and EC-Bananas III (DS27) as one of the typical cases resulted from the unilateral retaliation. According to the result, these cases do not conform to WTO-consistency, and it implies that it is absurd to accept the US' unilateral retaliation internationally. In conclusion, presently, it is a global trend to solidify protectionism, and to vitalize trade and resolve trade disputes efficiently, it is needed to prohibit the recourse to unilateral retaliations and also positively apply the WTO dispute settlement system(DSU) defining rules about how to strengthen the multilateral system.

• The Journal of the Korea Contents Association
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• v.20 no.4
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• pp.315-330
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• 2020

Although tariffs are falling due to the establishment of WTO and the increase of FTA agreements, Non-tariff measures such as trade remedies, trade technology barriers (TBT), sanitary quarantine (SPS) and customs regulations have become trade barriers, limiting free trade. Korea, which has achieved export-led economic growth, should present countermeasures. As Non-tariff measures are complex and are applied in different countries, Customized countermeasures by type, industry and country should be presented. To this end, non-tariff DB should be established. In order to collect, analyze, and present measures for non-tariff measures, a dedicated organization dedicated to the government is essential. And consultation among the other parties on non-tariff measures is important, and activities are important at the WTO committee. In addition, it is necessary to foster expertise and expertise in non-tariff organizations. Existing research shows non-tariff measures in each country. As existing studies have been analyzed through studies based on the non-tariff measures of each country or reports of international organizations, there are limitations in the identification of regulations and comparative analysis between countries. Therefore, this paper analyzes on the basis of non-tariff measures DB of WTO I-TIP.

• International Commerce and Information Review
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• v.10 no.4
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• pp.439-455
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• 2008

The SPS Agreement, concluded in the Uruguay Round for the purpose of controlling SPS risks, has traditionally been recognized to maintain the narrowest scope of application compared with TBT Agreement and GATT in relation with environmental provisions. Contrary to such an understanding on the scope of the SPS Agreement, the panel in the EC-Biotech case found that the SPS Agreement extends to regulate trade-restrictive measures on Genetically Modified Organizations(GMOs) causing health and environmental risks. This expanding scope of the SPS Agreement would have substantial influence on domestic environmental regulations as well as Multilateral Environmental Agreements(MEAs). This paper discusses the consequences of an expanding ambit for the WTO SPS Agreement through the designation of a wider range of health and environmental regulations affecting trade as SPS measures. As a result, not only precautionary measures on GMO risks, but also other health and environmental measures with trade impacts, could be subject to SPS control, and consequently, the institutional rigors of the WTO regime. However, strict and literal interpretation of the SPS provisions to expand its applicable scope would cause concerns about the WTO's intervention on the purely environmental measures. Pursuing harmonized and flexible interpretation of provisions on environment-related conflicts as well as accepting precautionary principle included MEAs will contribute to reduce such kind of concerns.

• International Commerce and Information Review
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• v.11 no.1
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• pp.379-403
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• 2009

The Purpose of this study is to research the problems of trade restriction for an environment protection. Environmental regulation relate to trade are Convention on International Trade in Endangered Species of Wild Fauna & Flora, Montreal Protocol on Substances that Deplete the Ozone Layer, Kyoto Protocol to the UN Framework Convention on Climate Change, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes & Their Disposal, Cartagena Protocol on Biosafty and WTO Agreement. Regulatory action for environmental protection has economics instrument, command & control, liablity, damage compensation, voluntary agreement. In the case of our country, impact of regulatory action for environmental protection is low. Because is recognized position of developing country yet. For in the balance rules of trade and enviroment, First must satisfy WTO's basic principles and principle of quantitative restrictions prohibition, Second, operation of protection action must reasonable and objective standards Third, must satisfy GATT article 20 (b) clause and (g) protestation each essential factor To grow for environment advanced country, we should do i) using of FTA ii) international cooperation strengthening for developing country position iii) construction of environment information network