• Title/Summary/Keyword: WTO principles

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A Study on Measures in the Tourism Service Sector of WTO Service Negotiations (관광서비스 부문 WTO 서비스 협상 동향과 우리나라의 대응방안)

  • Shin, Jai-Gi
    • The Journal of Information Technology
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    • v.8 no.2
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    • pp.121-133
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    • 2005
  • The WTO(World Trade Organization) meetings for service negotiations started in February in 2000. Since then, the member countries have discussed the tourism sector and their expectations and methods of liberalization, based on the proposals they have submitted. The Republic of Korea had already opened hotels and restaurants, travel agencies and tour operator services, and tourist guide services, preceding of WTO service negotiations. However, to comply with the terms of the negotiations, the domestic laws and systems related to tourism should be analyzed according to their adherence to the principles of GATS(General Agreement on Trade in Services), which include market access and national treatment. Thus, the purposes of this study were two-fold: first, regarding the two basic principles of GATS(market access and national treatment), the articles of the administrative laws relating to tourism were examined. Second, proposals from the tourism sectors in the US, Canada, Dominique, EC, Switzerland, and Japan were also summarized and reviewed. Proper responses to service negotiations were proposed based on the results of this analysis. As a result, I can support the GATS classification(w/120) of tourism and the liberalization of tourism in other WTO member countries. I can also support the elimination of obstacles such as economic need tests and nationality requirement. 'Others' category should be considered more carefully according to the competitiveness of the given industry.

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Electronic Commerce Issues in the WTO and Implications to Korea (WTO의 전자상거래(電子商去來) 논의동향(論議動向)과 시사점(示唆點) - GATS의 논의를 중심으로 -)

  • Yoon, Chang-In
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.805-833
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    • 2000
  • Electronic commerce facilitates trade and lower transaction cost can help firms make use of the opportunities of globalization of production and markets. Electronic commerce has broad implications for future trade. These implications include the effect on trade policy making and enforcement. And it is important to ensure that the present and future trading system de jure and de facto allows electronic commerce to realize its potentials as an alternative or a complement to conventional trade. The comprehensive work program had been implemented to examine all trade-related issues relating to global electronic commerce before the Seattle 3rd Ministerial Conference which was suspended. In general, Member countries recognized the need to ensure that electronic commerce in all its forms is conducted in full conformity with WTO principles and rules. But, there are still major issues to be solved such as access to relevant electronic systems, competition policy in telecomnunications services, WTO provisions relating to the protection of IPRs, the clarification of a number of key concepts and definitions, etc.

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WTO, an ontology for wheat traits and phenotypes in scientific publications

  • Nedellec, Claire;Ibanescu, Liliana;Bossy, Robert;Sourdille, Pierre
    • Genomics & Informatics
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    • v.18 no.2
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    • pp.14.1-14.11
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    • 2020
  • Phenotyping is a major issue for wheat agriculture to meet the challenges of adaptation of wheat varieties to climate change and chemical input reduction in crop. The need to improve the reuse of observations and experimental data has led to the creation of reference ontologies to standardize descriptions of phenotypes and to facilitate their comparison. The scientific literature is largely under-exploited, although extremely rich in phenotype descriptions associated with cultivars and genetic information. In this paper we propose the Wheat Trait Ontology (WTO) that is suitable for the extraction and management of scientific information from scientific papers, and its combination with data from genomic and experimental databases. We describe the principles of WTO construction and show examples of WTO use for the extraction and management of phenotype descriptions obtained from scientific documents.

Electronic Commerce Related Issues in the WTO and Its Implication to Korea (전자상거래 관련 논의현황과 과제)

  • 이신규
    • The Journal of Information Technology
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    • v.4 no.1
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    • pp.23-37
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    • 2001
  • There is no doubt that electronic commerce facilitates international trade and lower transaction cost and help firms make the best of the opportunities of market access. The comprehensive programs had been implemented to provide better electronic commerce environments by international organizations such as OECD, UNCITRAL, APEC and etc. Especially, WTO plays the most important role to implement efficient forms and rules on electronic commerce after Seattle 3rd Ministerial Conference. Member countries recognize the need to conduct the electronic commerce in compliance with the principles and rules of WTO. However, there are many issues to be solved such as the clarifications of concepts and definitions, the possibility of adaptation of technological neutrality In GATS, the Imposition of taxation in electronic commerce transactions and the methods of protecting copyright as well as trademark. The Implementation of concrete forms and rules of electronic commerce in the WTO will be influential to international trade as the member countries have to adapt them In their transactions. Considering that further discussion will be continued in GATS, we need to analyze the problems and strategies for electronic commerce.

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Interpretation of Safeguard Agreement and Application to Korean domestic law under the WTO (WTO 세이프가드 협정의 해석과 국내법에의 적용방안)

  • Lee, Eun-Sup;Kim, Neung-Woo
    • International Commerce and Information Review
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    • v.13 no.1
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    • pp.271-298
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    • 2011
  • This paper seeks the proper and efficient operation of Korea's safeguard mechanism by examining the judicial interpretation and application of the safeguard measures under the WTO Safeguard Agreement. The judicial examination is focused on the terms of "unforeseen development" in GAIT XIX, "evaluation of all relevant factors", and "clear justification of measure" in Safeguard Agreement. Such an intensive examination. of the judicial interpretation is used for the comparative analysis of the Korea's domestic provisions to find out problems in operation and the interpretative and legislative responses to them. It is found that the Korea's adaptation of the Safeguard Agreement into the domestic provisions and the operation of such provisions in the practical field have generally been consistent with the WTO's basic principles and provisions. Korea's safeguard mechanisms should stably be operated for securing the proper protection of domestic industry under certain emerging circumstances. For such policy objective to be ensured, it is legislatively required to make additional provisions in line with the appellate body's consistent interpretations of the debating issues including the term of unforeseen development.

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Legal Issues of "Zeroing" Practice Based on the Article 2.4.2 of the WTO Anti-Dumping Agreement (WTO 반덤핑협정 제2.4.2조에 의거한 네거티브 덤핑마진 산정 방식("제로잉")의 법적 문제)

  • Chae, Hyung-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.265-302
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    • 2008
  • This paper intends to analyse some legal issues on "Zeroing" which is based on the article 2.4.2 under the WTO Anti-dumping Agreement. "Zeroing" stands for a specific methodology in calculating a general dumping margin for a product in question under which negative individual dumping margins are treated as zero (thus "zeroed") before aggregating all individual dumping margins. The article 2.4.2 of the Anti-dumping Agreement regulates three types of calculating methodology on dumping margin as first symmetrical method(average-to-average: A-A), second symmetrical method(individual-to-individual: I-I) and asymmetrical method(average-to-individual: A-I). However, this article does not have any provisions about the "Zeroing" practice. In their anti-dumping practices, the EC and the United-States calculated dumping margin based on the "Zeroing", but this methodology has been disputed in the Dispute Settlement Body(DSB) of the WTO. This paper analysed their legal problems with some WTO cases in particular concerning EC-Bed Linen, U.S.-Softwood Lumber Zeroing, U.S.-Zeroing(EC) and U.S.-Sunset Review(Japan) cases. On the basis of theses analysis, we can therefore ask some questions as follows; To begin with, although the article 2.4.2 of the WTO Anti-dumping Agreement does not clearly refer to the "Zeroing", how do some developing countries, as the U.S.A and the E.U. calculate dumping margin as the "Zeroing"? Secondly, what is the relationship between the symmetrical method and asymmetrical method to the dumping margin? And if we adopt the zeroing method, what is the different rate to anti-dumping margin? Thirdly, although the Panel decided that the zeroing methodology of dumping margin used by th U.S.A in administrative review between the U.S.A and the E.U, why does the Appellate Body made the decision that the american methodology is incompatible with the WTO Anti-dumping Agreement? Lastly, what will be affected the upper decision taken by the Appellate Body to the DDA negotiation of anti-dumping matters? Even though the WTO Appellate made a decision that the zeroing method is incompatible with the principles of the WTO law, this methodology contains a lot of problems. Some members of the WTO as the U.S.A and the E.U did not officially declare this methodology to abandon, and the debate concerned is arguing. Therefore this paper tried to present the adequate solution in order to promote the zeroing methodology in the international anti-dumping system and practices.

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Evaluation of Carbon Border Adjustment Mechanism (CBAM) as a Perspective of International Trade (국제통상 관점에서 탄소국경조정제도(CBAM) 평가)

  • Inkyo Cheong;Jeong-Ho Yoo;Byeong-Ho Lim;Seul-Ki Park
    • Korea Trade Review
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    • v.46 no.6
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    • pp.143-162
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    • 2021
  • Although awareness of the need to respond to climate change is expanding, various controversies are being raised about the EU's Carbon Border Adjustment Mechanism (CBAM). The EU has announced that they will implement CBAM as responding to climate change and preventing carbon leakage. However, the questions are raised as to whether it is actually effective in preventing carbon leakage. Above all, CBAM has its own contradictions, thus it could not be easy to implement. This is because the possibility of violation of the WTO principles is high and there are many issues in implementation. Emission Trading System (ETS) based on CBAM differs by country, and international linkage is not easy in that ETS is not a widely used system worldwide. The EU's CBAM is highly likely to be used as a trade restrictive tool, and is inevitably subject to trade disputes in that it imposes additional tariffs. The unilateral implementation of CBAM should be restrained unless support from the international community and consideration for developing countries are not taken into account.

Review of Potential Import Restrictions by Japan on Korean Fishery Products - A Focus on Radionuclides Dispute between Korea and Japan - (일본의 한국산 수산물 수입규제 가능성 검토 - 한·일 방사능 분쟁을 중심으로 -)

  • Lim, Byeong-Ho;Hong, Suk-Gu;Yoo, Jin-Hee
    • Korea Trade Review
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    • v.44 no.6
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    • pp.119-134
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    • 2019
  • This study focuses on a recent WTO SPS dispute related to Korea Import Bans and Testing and Certification Requirements for Radionuclides (DS495) in order to learn from the case and take proactive measures to prevent potential import restrictions by Japan on Korean seafood. Korean-Radionuclides (Japan) emphasizes the importance of sufficient scientific evidence, especially scientific information from relevant international organizations, in an effort to take preventive measures towards Japan's restrictions on Korean seafood imports. Japan claims that a novel parasite, Kudoa septempuctata, in Korean flatfish causes food poisoning. As food poisoning is a serious concern, there is a low possibility that Japan's enhanced monitoring measures would be more trade restrictive than required as prescribed in Article 5.6 of the WTO SPS Agreement. In addition, Korea is the biggest exporter of olive flounder to Japan. Hence, the possibility that similar conditions could be established is low in relation to non-discriminatory principles under the WTO SPS Agreement. Accordingly, we should collect relevant scientific evidence, improve domestic sanitary management of fishery products, and seek export diversification so that we prepare for potential import restrictions by Japan and minimize implications.

Analysis of regulatory action for environmental protection in International Commerce (국제교역에 있어 환경보호를 위한 규제조치의 내용 분석)

  • Lee, Jae-Young
    • 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

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International discussions and enactment directions for e-business (e-비즈니스 관련 법규의 논의동향과 제정방향)

  • Kyung, Yeun-Beom
    • The Journal of Information Technology
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    • v.7 no.1
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    • pp.23-41
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    • 2004
  • It is estimated that electronic commerce facilitates international trade and lower transaction cost and help firms make the best of the opportunities of market access. The comprehensive programs had been implemented to provide better electronic commerce environments by international organizations such as OECD, UNCITRAL, APEC, ICC and etc. Especially, WTO plays the most important role to implement efficient forms and rules on electronic commerce after Doha Ministerial Conference. Member countries recognize the need to conduct the electronic commerce in compliance with the principles and rules of WTO. However, there are many issues to be solved such as the clarifications of concepts and definitions, the possibility of adaptation of technological neutrality in GATS, the imposition of taxation in electronic commerce transactions and the methods of protecting copying as well as trademark. The Implementation of concrete forms and rules of electronic commerce in the WTO will be influential to international trade as the member countries have to adapt them in their transactions. Considering that further discussion will be continued in GATS, we need to analyze the problems and strategies for electronic commerce. As there are not concrete international laws for e-commerce, the existing laws must be revised and changed and each country need to present the enactment direction of e-commerce law to streamline e-commerce and to prevent trading partners from conflicting due to legal problems.

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