• International Area Studies Review
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• v.13 no.1
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• pp.445-464
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• 2009

Many countries in the world have regulated cross-border supply in basic telecommunications services based on GATS exception rule for telecommunications because of anti-competition behavior control, domestic consumer protection, tax levy, national security, etc. Korea partially regulates cross-border supply in telecommunications service through the WTO and the domestic law and regulation. However, WTO and FTA negotiations, cross-border supply regulation are strongly demanded to deregulation. Therefore, it is required to review the effectiveness of cross-border supply regulation to prepare the counter plan for that regulation. Thus, the major countries of the telecommunication services regulation regarding the cross-border supply are reviewed. In addition, it is retrieved some implications for Korean regulation policy by reviewing the actual regulation of many countries cases.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.265-288
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• 2012

Trade in service, which deals with intangible product, is distinguished from trade of goods for tangible product. The current multilateral service trade is based on GATS which includes MFN, securing the predictability as well as transparency of related service rules, specific commitment basis market access national treatment. Recently the WTO service disputes are increasing according to the frequent filing complaints against the regulation of service trade in China. The rules of GATS are not as strict as those of GATT. The commitment schedules, which were materialized between members, gets binding effect through the obligatory provisions of GATS. The GATS is inseparable relation with the Appendix of finance, of telecommunication, and of air transport, with the schedules of commitment of member states, and with the reference paper to the 4th protocol. GATS article XIV which is the general exception of GATS has a similar structure of GATT article XX. Based on the possibility of filing to the WTO, there is a need to examine whether the whole rules, regulation, and policy international trade in service of Korea perfectly macthed with the GATS. Korea with poor resources should take up the more positive attitude for the opening of international service market. According to the reciprocal aspects of concession, if Korea doesn't open a service market, the other WTO member country wouldn't allow Korea to access the their market as well as national treatment.

• Korean journal of communication and information
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• v.22
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• pp.77-106
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• 2003

As globalization of communication is going on and as the media have become increasingly central to the world economy, media policy matters have become the province of world economic organizations like the IMF and the WTO. The WTO service negotiation is focused primarily on the discriminatory and quantitative barriers associated with the trade of audiovisual services. Domestic measures such as subsidization, content regulation including quotas, and licensing requirements and restrictions on foreign ownership and control are at issues here. These measures have been successfully implemented by countries wishing to withstand competition from the American audiovisual industry. The debate about trade in audiovisual services is permeated by the unstated assumption that these programs are pure commodities whose production, distribution, exhibition and in turn, values are solely determined by the market forces. It is therefore presumed that liberalization of trade in audiovisual services will benefit all, serving cultural pluralism and diversity as well as economic efficiency. However, this assumption is not shared by developing countries, the recipients of U.S. television material. They argue audiovisual sector requires a social and cultural approach, since it plays a key role in the preservation of people's identity and social bonds. They claim that it is the each state's right to define its media policy and to implement it through the means it considers fit. These clashing views over the nature of the audiovisual material and the ways in which protect cultural pluralism and diversity do not confine to be the realm of theoretical debate. Each state's interest and motivation to protect its local industry and to have a competitive advantage in the international market is working in this battle. Consolidation with the countries like Australia, Canada, and EU nations, in favour of cultural exemption, seems to be the best policy for us. However, we are not entirely free from the WTO pressures, considering relation to the U. S. This study analyzes Korean Broadcasting Law compared with those of other OECD countries and tries to propose some strategical guidelines facing WTO service negotiation in the area of broadcasting.

• Journal of Arbitration Studies
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• v.5 no.1
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• pp.117-153
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• 1995

• 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 Fisheries and Marine Sciences Education
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• v.17 no.3
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• pp.324-339
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• 2005

The WTO/DDA Negotiation on the Fisheries Subsidies started by DDA(Doha Development Agenda : 2001.11)at early 2002 has been held about 20 times until the fist half of 2005. The Negotiation will be terminated until the end of 2005 but now, it is impossible to predict the exact conclusion of the Negotiation. There is a sharp conflict of opinion on the WTO/DDA Negotiation on the Fisheries Subsidies between FFG(Fish Friends Groups : USA, New Zealand etc) and Anti-FFG(Rep. Korea, Japan etc). The Fisheries Subsidies is regulated by the WTO/DDA Negotiation that regulates on the subsidies of industrial products, fisheries products, forest products. Considering the progress of the WTO/DDA Negotiation on the Fisheries Subsidies, Guidelines for the Fisheries Subsidies Negotiation were established in Doha Ministerial Declaration at 2001 and a necessity of a special regulation on the Fisheries Subsidies has been discussed from 2002 to 2004. After june, 2004, the Negotiation was proceeding as Rep. Korea, Japan and Taiwan agreed with discussing a special regulation on the Fisheries Subsidies and At 1st, August, 2004, they reached an agreement on a necessity of a special regulation on the Fisheries Subsidies. At Feb, 2005, discussion was suspended because of presenting the joint proposal from 3 countries(Rep. Korea, Japan and Taiwan) and now discussion on the Fisheries Subsidies is giving the first consideration to classification of prohibited/non-actionable subsidies, S&D of a developing countries, small fisheries, problems of farming, grace period etc. From now on, Considering the 18th~the 20th negotiations, it is expected that discussion of fisheries subsidies regulation including property and range of prohibited/non-actionable subsidies, S&D of a developing countries, a definition of small fisheries is accelerated. In this point of view, this paper analyzed and arranged every country's proposals holding our own position and took a survey to fishermen and fisheries experts about prohibited/non-actionable subsidies. In addition, this paper intends to suggest the way of future-negotiation and provides essential data to help government's policy making through analyzing prohibited/ non-actionable subsidies, farming subsidies, S&D of a developing countries, small scale fisheries.

• International Commerce and Information Review
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• v.13 no.3
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• pp.301-323
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• 2011

There have been 20 cases of trade disputes related to zeroing in WTO. In these day, it was judged that the use of zeroing in the calculation of dumping margin is against ADA. Recently, WTO decided in favor of Korea in regards to Korea's stainless steel products on January, 2011. There finally was a high possibility of zeroing being changed. In December 2010, the American government announced it would revise zeroing system through an federal register. Many researchers, such as Linsey and Ikenson(2000), William W. Nye(2009) already clarified through empirical analysis that no use of zeroing leads to a large decline in the margin of dumping. If zeroing is abolished in the future, the margin of dumping imposed on Korea's stainless steel will drop sharply. According to this empirical study, the margin of dumping in 6 stainless steel among 12 products commodities subject to Anti Dumping regulation from US reduced below de-minimis or 3%. These stainless steel is likely to be excluded from the Anti Dumping regulation through review investigation and Korea's export of steel to America is expected to be increased steeply in the future.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.183-215
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• 2007

The purpose of this paper is to study of WTO regulations related FTA such as Understanding on the Interpretation of Article XXIV of the General Agreement on Tariffs and Trade(GATT) 1994 and General Agreement on Trade in Service(GATS). In this study, the First introduced FTA rules of WTO in the chapter 2. The WTO agreement includes the "General Agreement on Tariffs an Trade(GATT) 1994". This instrument, known as "GATT 1994", is based on upon the original General Agreement on Tariffs and Trade referred to as "GATT 1947". The Second analyzed the relations between FTA and Article XXIV of GATT 1994 in the chapter 3. The Article XXIV of GATT 1994 is an agreement between the distinctive members for liberalizing trade. The Article XXIV of GATT 1994 is consist of three parts such as customs unions, free-trade area, and interim agreements that WTO is referred to as "Regional Trade Agreement(RTA)". There is a difference between the customs unions and the free-trade area. In the customs unions rules, the members should have the same tarifficatio and the same trade provision against non-members, but in the free-trade are a rules, the member is not necessary to have the same tarifficatio and the same trade provision against non-members. But, the both rules have a liberalization of trade in a common as a revoking tariffs and the government regulations for interfering with trade. In this case, however, the both rules include an inconsistency ele ment under WTO rules such as Most-Favoured-Nation Treatment(MFN) and National Treatment on Internal Taxation and Regulation(NTITR). This study reviewed neither inconsistency nor consistency on the both rules with the RTA of WTO under Article XXIV of GATT 1994. The Third analyzed the relations between FTA and Article V of GATS under WTO in the chapter 4. The GATS is a rule of WTO for the growing importance of trade in services for the growth and development of the world conomy. The GATS is a new rule rather than GATT's rule for concerning goods trade. The Article V of GATS under WTO is a rule that makes based on upon the Article XXIV of GATT. Therefore, If it is to be examined the Article V of GATS, it should be referred to a and an interpretation of the text of the Article XXIV of GATT. However, the Article V of GATS is on the undeveloped stage compare to the Article XXIV of GATT. Because, the statistics of WTO showed that the RTAs under the Article XXIV of GATT have 150 cases completed between nations, but the RTAs under the Article IV of GATS have 10 cases completed between nations. The Forth examined the interpretation of FTA rules under WTO in the chapter 5. Concerning the consistency issue of customs unions and free-trade area under the Article XXIV of GATT, the working parties in customs unions and in free-trade area have been reviewed the consistency is sue which had been not if to GATT. However, the parties finished to get up with one accord the both that are a consistency of argument and an inconsistency of argument with the interpretation of the Article XXIV of GATT. The interpretation of the Article XXIV of GATT has been raised as the issues when EEC by Rome Treaty established in 1957. However, the consistency is sue only agreed 6 working parties out of 69 working parties finished the reviewing of the interpretation up to the end of 1994. Also the consistency issue concerned with the special privilege measure of the customs unions and tree-trade area under the Article XXIV of GATT discussed only 3 cases between working parties up to now and did not accepted as an issue for working parties' report. In conclusion in the chapter 6, this study raised the issues of WTO that are a conference of a new round under WTO and the issues of clarity between FTA rule and WTO regulation.

• International Commerce and Information Review
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• v.12 no.3
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• pp.361-387
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• 2010

China has been the number one target of anti-dumping cases. In the middle of 1990s, China began to make anti-dumping rules to protect its domestic markets. The first anti-dumping regulation was mentioned in 1994 and the anti-dumping and anti-subsidy regulation was published in 1997. In 2001, China entered into the WTO and as a member of WTO, China is obliged to revise its anti-dumping rules in accordance with WTO's requirements. After that China amended anti-dumping rules in 2004 and it is still valid. Even though China makes considerable efforts to make the rules to be consistent with WTO Rules, China is still facing various difficulties such as lack of transparency, absence of definite deadlines, mismatch between rules, lack of clear interest criteria, overly hard questionnaires and inadequacy of judicial review and non-market economy. This paper deals with the current situation of anti-dumping system in China and the scheme of antidumping law and regulations and the main contents of that law and regulations. The purpose of this paper is to contribute to the enhancement of China's anti-dumping rules by studying the problems and solutions of the anti-dumping rules in China.

• The Journal of Information Technology
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• v.1 no.2
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• pp.119-141
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• 1998

The main contents of WTO agricultural product agreement are composed of $\circled1$ market access $\circled2$ domestic subsidy and reduction of export subsidy $\circled3$ preferences for developing countries. But there still remains the possibility of laying a protection barrier within WTO regulations. That is to say, with the application of quota system, tariff rate quota system, or different quotas on different countries, and with the practices of government control trade and mark up. This paper is for studying the application of these protection barriers to minimize the impact of agricultural market opening.