• 무역학회지
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• 제44권4호
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• pp.19-34
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• 2019

This study investigates the WTO dispute over Japanese fishery products originated from Fukushima and another seven prefectures. Being subject to an import ban and additional radioactive test requirements, Japan complained that the Korean government's trade measures are inconsistent with the principles of the Agreement on Sanitary and Phytosanitary Measures. This paper considered the contrasting judicial decisions made by the Panel and Appellate Body and analyzed the debates with respect to their trade-discriminatory effects (Article 2.4), the relevance of appropriate level of protection (Article 5.6) and the precautionary approaches (Article 5.7). Consistent with the final rulings, this paper identifies the need for a broaden understanding of regional conditions and qualitative aspects of protection in risk analysis. Findings also suggest that Korea has diverted its fishery imports from Japan to other countries, while Japan has created export diversion from Korea to other destinations.

• 무역상무연구
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• 제12권
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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.

• 무역상무연구
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• 제72권
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• pp.139-160
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• 2016

Using the gravity model, this paper analyzes empirically how the world trade in goods is affected by regional trade agreements(RTAs) which have been spreading rapidly since the mid-1990s. This paper attempt to do the panel data analysis about 174 countries during the period of 1994-2008. These panel data include 157 RTAs. It is meaningful that this paper uses comprehensive data to analyze the net effect of regional trade agreements on the global trade volume. This provides a clue as to the answer to the stumbling block debate raised early in the regional trade agreement. Also, confirming how the participation of the WTO affected the trade volume among the member countries, the WTO-related dummy variables are additionally introduced to this gravity model. And as far as we know, the state system-related variables is first considered in this model. This variable reflects the social and cultural environments of countries as the proxy variable representing the sociocultural homogeneity. In all regressions, joining to the WTO and consistency of the state system have a positive effect on increasing the trade volumes between countries. According to the analysis of RTA trade effects, RTAs, on average, increase the volume of trade within the RTA region by 27%~37%, and decrease the volume of trade between the regional and the non-regional nation by 1.2%~3.4%.Therefore, the net effect of regional trade agreements on the promotion of global welfare is positive. For robustness check, we also introduce the interaction term of the dummy variable which reflects the RTA tightening and the continuous variable which reflects the distance effect. As a result, the RTAs alleviate the trade-decreasing effect which is caused by the distance between the countries.

• 무역학회지
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• 제43권4호
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• pp.111-130
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• 2018

온실가스 배출로 인한 지구온난화에 대응하고 지구의 평균 기온상승을 방지하기 위하여 2015년 12월 파리기후협정(Paris Agreement)이 채택되어 신기후체제가 도래하게 되었다. 해수면상승과 삼림고갈, 미세먼지 등과 같은 기후변화로 인한 환경문제에 대응하기 위하여, 신재생에너지의 중요성이 높아졌다. 신재생 에너지의 성장을 위해서는 현실적으로 정부의 지원이 필요하다. 그러나 신재생에너지 산업에 대한 각국 정부의 과다한 지원은 공정 한 경쟁을 저해하고 비용을 높인다는 점에서 문제가 될 수 있으며, 이미 WTO에서도 신재생에너지 보조금과 관련된 제소사례를 찾아볼 수 있다. 본 연구는 WTO의 보조금 및 상계조치 협정과 GATT를 중심으로 하였다. 신재생에너지 보조금에 관련된 WTO 분쟁사례를 살펴보고, 사례에서 쟁점이 되는 조항인 보조금협정의 제2조 특정성과 제3조 (b)항 수입대체보조금, GATT 제20조 일반적 예외를 분석하였다. 기후변화에 대응하는 환경보호적인 관점에서 현재 각 국의 에너지 정책을 반영하고 신재생에너지 산업의 발전을 위하여 보조금협정의 개정 또는 보완이 필요하다. 본 연구에서는 보조금협정 제8조 허용보조금의 재도입 논의 또는 에너지보조금에 관한 특별규정과 같은 방안과 더불어 보조금협정 제3조의 명확한 해석기준이 필요하다고 보았다. 그러나 과도한 정부 보조금의 지급은 무역분쟁을 야기할 수 있으며 환경보호와 자유무역의 형평성, 지속가능한 개발이라는 WTO의 목적에 맞추어 WTO의 규범을 개선해야 한다.

• 무역상무연구
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• 제42권
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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.

• 산업진흥연구
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• 제5권1호
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• pp.149-155
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• 2020

In this study, we aim to build a consensus that the Korea-Mongolian economic cooperation and trade growth will bring economic benefits to both countries and, in addition, the FTA between the two countries will bring economic benefits to the overall economy through the economic status and mutual trade status of Korea and Mongolia. Currently, countries around the world are accelerating their market battle with fierce competition, pushing for the opening of their markets through free trade agreements of multilateralism and regionalism centered on the WTO as a rapid change in the global economic environment. Amid such an international economic environment, Korea is developing diverse economic cooperation and FTA strategies, and under the principle that it is based on comprehensive and national consensus, it will sign simultaneous FTAs with major countries, but will diversify its trade partners' efforts to increase trade volume through market advantage, secure energy resources, and so on to secure more resources in overseas markets.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.115-151
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• 2003

As international trade and commerce increases among the nations in the world, it is inevitable fact that disputes rise as well. As these transactions grow more complex, it becomes increasingly important to resolve disputes and conflicts as quickly, efficiently and formatively as possible. In practical commercial affairs, we call a variety of international commercial troubles ‘trade claims’, Trade claims consist of disputes, controversies, or differences which may arise between the parties, out of, or in relation to, or in connection with their contracts, or for the breach thereof. Trade claim should be instituted promptly, otherwise it may be barred by prescription. Also, the other party will not accept the claim by reason of loss of evidence. In this connection, it should be noted that how long the claim prescription would continue. Trade claim should be settled reasonably and amicably between the parties concerned. And if both parties do not reach an agreement through their negotiation, then the claim shall be settled finally by binding arbitration. For the purpose of managing trade claim and arbitration, the trading parties insert in their contracts claim and arbitration clauses. This paper will examine some judicial precedents concerning claim clauses which are closely connected with a time limit of the claim It will also review some famous precedents rendered by the competent courts in connection with the wording, scope and implied renewal of arbitration clauses.

• Journal of Korea Trade
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• 제23권5호
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• pp.66-86
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• 2019

Purpose - This paper describes the use of trade preferences under the EU-Korea free trade agreement (FTA) and empirically examines potential reasons for the less than full use, using data on daily EU imports from Korea at the product level. Design/methodology - We employ a probit model to analyse the relationship between the use of trade preferences on the one hand and variables such as potential duty savings, rules of origin and the characteristics of the good traded (intermediate input or final product) on the other. Findings - The paper finds that EU imports from Korea make good use of trade preferences with an overall preference utilisation rate of close to 90% in 2016, which is up from about 80% in 2012. It further shows that potential duty savings influence preference utilisation positively and that more than one quarter of the observations in our sample made use of preferences under EU-Korea FTA in 2012, despite duty savings standing at €10 or less. Originality/value - The finding that a non-negligible share of observations use preferences even when the duty savings are low has not yet figured in the literature. We further show how preference utilisation rates differ by importing EU Member State and by section of the Harmonised System and estimate the marginal impact of an increase in potential duty savings on the preference utilisation rate by broad product group, which is novel.

• 무역학회지
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• 제45권2호
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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.

• 유통과학연구
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• 제13권10호
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• pp.93-99
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• 2015

Purpose - It has been argued that the regulations restricting entry and opening hours of General Super Markets and Super Super Markets have not been as effective as expected. In contrast, the win-win item scheme that appeared recently has the advantage that it could raise the effectiveness of the system in that win-win items are in principle resigned on the basis of bilateral agreements. This study analyzes the win-win item agreement made between Homeplus at Hap-jung and small traditional markets to examine the practical effectiveness of the win-win item scheme. While existing literature studying the regulatory effects have concentrated on the restrictions around store entry or opening hours of large retailers, it can be said that there have been few empirical studies on the effect of win-win items agreement with large retailers. Research design, data, and methodology - Homeplus at Hap-jung made a win-win items agreement with nearby small traditional market traders in 2013. In accordance with this voluntary agreement, Homeplus started by limiting its sales to 15 win-win items. The survey was conducted through one-on-one interviews, April 14 to May 2, 2014, by a professional public opinion research agency. The interviews were targeted at small business retailers in the nearby traditional market. We divided the traditional markets near Homeplus at Hap-jung where the win-win item agreement was achieved into two groups, win-win item agreement markets and non win-win item agreement markets, to compare the performance difference between the two groups. Results - To determine the change in sales of the 15 win-win items, we examined the performance difference between the two groups using two criteria (compared with similar items, and compared to sales volume a year ago). The results show that the individual sales of win-win items in the win-win item agreement markets are more likely to increase than in the non win-win item agreement markets. Total sales volume of individual stores in the agreement markets also showed a more significant increase compared to a year ago than those in non win-win item agreement markets. Conclusions - Contrary to the existing retail regulations that have one-sided and uniform characteristics, it can be pointed out that the win-win item scheme has the effect of increasing the success of the system itself because it is done on the basis of mutual agreement between General Super Markets and traditional markets. The empirical results of this study can be said to support this conjecture. For the successful settlement of a win-win items agreement, the following points should be reviewed. First, it requires a great effort from the selection process of win-win items in order to improve the effectiveness of the agreement. Second, the existing General Super Markets customers should be introduced to the traditional markets or small shops to increase the sales of win-win items. Therefore, voluntary effort is essentially required from the traditional markets to engage customers.