• Title/Summary/Keyword: Korea and the U.S. FTA

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A Comparison of Environment Clauses under Korea-China FTA and Korea-U.S. FTA (한·중 FTA 및 한·미 FTA의 환경조항 비교)

  • PAK, Myong-Sop;KIM, Sang-Man;WOO, Jung-Wouk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.567-588
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    • 2016
  • Korea-China FTA and Korea-U.S. FTA are the most significant FTA in volume and economic effect for Korea's perspective. Developed countries have dealt with environmental issues one of the main issues in FTA negotiation, while developing countries have been reluctant to it. Both Korea-China FTA and Korea-U.S. FTA have separate environment chapter respectively. A separate environment chapter was firstly introduced in Korea-U.S. for Korea's perspective. Both environment chapters provide high level of environment protection, recognition of multilateral environmental agreements, enforcement of environmental laws, and environmental cooperation. Both environment chapters require that each party make effort to improve environmental laws and measures. Korea-China FTA provides establishment a "Committee on Environment and Trade", and Korea-U.S. FTA provides establishment a "Environment Council" to oversee the implementation of environment clauses. Korea-China FTA and Korea-U.S. FTA have very similar provisions on environment and trade, and are expected to contribute to enhancing environment protection. However, a lot of provisions are somewhat declaratory rather than mandatory. Therefore, further environmental cooperation is encouraged to achieve the goals and objectives of the environment clauses and FTA.

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한.미 FTA가 유가공품 시장에 미치는 영향 분석: 치즈 및 버터 시장을 중심으로

  • Kim, Seong-Hun;Jang, Do-Hwan
    • Food Industry
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    • s.206
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    • pp.26-41
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    • 2008
  • Recently, Korea have experienced numbers of FTAs with other countries, including Chile, EFTA(European Free Trade Association), Singapore, ASEAN(Association of South-East Asian Nations), and U.S. In particular, FTA with U.S. are expected to cause huge impact on food markets as well as agricultural sector in Korea. Many researches have analyzed and discussed about the impact on agricultural sector after Korean-U.S. FTA, but very small number of studies focus on the impact of Korean-U.S. FTA on food markets. The purpose of the paper is to discuss the impact of Korea-U.S. FTA on Korean dairy market. For the numerical simulations, this paper focus on the impact on cheese and butter markets. The results of numerical analysis in the paper will be helpful for the future research, because few (maybe no) studies conduct the numerical analysis to measure the impact of Korea-U.S. FTA on Korean food market.

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Analysis of Environment-Related Investment Arbitration Cases under NAFTA and Their Implications for the Korea-U.S. FTA (NAFTA 환경관련 투자중재사건 분석과 한미 FTA에의 시사점)

  • Park, Deok-Young;Lee, Seu-Yeun
    • Journal of Arbitration Studies
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    • v.22 no.2
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    • pp.103-124
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    • 2012
  • Because the Korea-U.S. Free Trade Agreement (Korea-U.S. FTA) and the North American Free Trade Agreement (NAFTA) have an overlapping contracting party, the United States, their provisions have much in common. The investment chapters of these agreements, especially, show many similarities, and thanks to these similarities, it is likely that the Korea-U.S. FTA arbitration tribunal for investor-state disputes regarding the environment will put great weight on the NAFTA tribunals' interpretations of those similar provisions. Since the NAFTA tribunals have already handled many environment-related arbitration cases, their interpretations will help heighten the predictability of environment-related Korea-U.S. FTA arbitration cases. This paper analyzes the environment-related NAFTA cases in which the tribunal has issued an award, which are the Metalclad case, S.D. Myers case, Waste Management case, Methanex case, Glamis Gold case, and Chemtura case. According to this analysis, the most controversial NAFTA provisions have been Article 1102 (national treatment), Article 1105 (minimum treatment standard, fair and equitable treatment), and Article 1110 (expropriation). The NAFTA tribunals applied the requirement of these articles in a strict manner, reducing the possibility of finding a violation. After the aforementioned analysis, this paper proceeds to compare the national treatment, minimum treatment standard (fair and equitable treatment), and expropriation provisions of the Korea-U.S. FTA and NAFTA and to predict the impact that the environment-related awards under NAFTA can have on environment-related Korea-U.S. FTA cases. It is expected that the NAFTA interpretations of the national treatment and minimum treatment provisions are likely be used as they are, but not the interpretations of expropriation, because of the differences in the expropriation provisions of the two agreements.

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Consumers' Expectation and Consumers' Attitude on Korea-U.S.A. FTA (한미FTA에 대한 소비자전망과 소비자태도)

  • Kim, Kyung-Ja
    • Journal of Families and Better Life
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    • v.27 no.6
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    • pp.83-94
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    • 2009
  • This study examined the expectations and attitudes of urban Korean consumers with respect to the Korea-USA Free Trade Agreement (FTA), which was drafted on April, 2007. The data were collected through online surveys in which 527 adults answered structured questionnaires. The results showed that the number of consumers who favored the Korea-U.S.A. FTA was almost twice the number of those who objected to it. Most of the consumers surveyed expected not only positive effects but also negative ones from the FTA, and the more consumers expected positive effects from the FTA, the more they tended to have positive attitudes toward the trade agreement. The effects of consumers' individual characteristics on their expectations and attitudes were also analyzed in this experiment.

The Disputes of FTA Preferential Duty Treatment : The Implications of the U.S Customs Case Laws (한·미FTA 특혜관세분쟁을 대비한 미국판례의 동향과 함의)

  • Ha, Choong Lyong
    • International Commerce and Information Review
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    • v.17 no.3
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    • pp.203-222
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    • 2015
  • Papers in FTA research have mostly focused on the legal interpretation of the FTA treaties. In this research, more focus was put on the customs laws and related cases delivered in the U.S. federal courts, by which we can analyze the Korea-U.S. FTA in more practical manner to derive the enterprises' solutions to cope with the disputes of FTA preferential duty. The Tariff Act of 1930 is the U.S. customs law to govern FTA preferential duties. The administrative practices with customs duties are coordinated with the FTA rules. The most controversial issue in the U.S. customs law lies in the classification of imported goods for imposition of the customs duties, based on Harmonized Tariff Schedule of the United States. It was found that the U.S. federal courts had been quite favorable to the CBP(U.S. Customs and Border Protections) in litigation with the private importers and exporters. The reason seems to be that the CBP has been dealing with the customs cases so many times, accumulating much experience in execution of the U.S. customs laws, which is likely to make their decisions on customs duties almost free of errors. Therefore, the Korean exporters need to collect the CBP's past cases on the denial of preferential treatment on imported goods and be fully informed of the CBP's policies on the FTA preferential duty treatment.

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Development Strategy for Pharmaceutical Industry against Korea-United States of America FTA

  • Lee, Jae-Jun;Park, Jin-Han
    • Journal of Evidence-Based Herbal Medicine
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    • v.1 no.2
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    • pp.17-26
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    • 2008
  • Nowadays the flow of international trade is that there seems to appear economic block significantly because most countries contract FTAs, so our market condition is changing to a severe competitive situation. Korea which has 70% of foreign dependence of trade must get involved in regionalism, and also actively promote FTA more than any other countries. FTA on February in 2006, the pharmaceutical industry are anxious. The pharmaceutical industry in Korea has recently come to a crisis that it is hard to expect a growth due to structure of profit and a change for the worse of management. If Korea-U.S. FTA are contracted in this kind of situation, domestic pharmaceutical companies will be at stake. We can anticipate that FTA with the country that has a strong competitive power like U.S. affect negatively on pharmaceutical industry, because the industry doesn't have enough self-competitiveness. Considering this kind of surroundings, we need to present the policy to enhance competitiveness for damage limitation on pharmaceutical industry by Korea-U.S. FTA. Under this background, this research has groped for a direction to strengthen the competitiveness to develop pharmaceutical industry in quality. The competitive enhancement plan is presented which is divided into the government policy part, the R&D part, and the management part. Although Korea-U.S. FTA is analyzed to wither the pharmaceutical industry, it would be thought that it is a good chance to upgrade domestic pharmaceutical industry if we make the best use of it, and also to make in roads into foreign market.

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뉴스초점 - 한.미 FTA발효와 국제기술사 역할 증대 방안

  • Shim, Soon-Bo
    • Journal of the Korean Professional Engineers Association
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    • v.45 no.3
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    • pp.28-35
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    • 2012
  • IntPE-APEC Engineer and EMF-IRPE are the key role of Cross-Border Trade in Services at the Korea-U.S.A FTA. KPEA is the Representatives of ROK's registration for the IntPE(APEC Eng., EMF-IRPE). KPEA and IntPE(ROK) are actively promoting to get consulting/engineering services in the U.S.A within Korea-U.S.A FTA frame for the mutual benefit.

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A Study on the Problems and Possible Alternatives for the Korea-U.S. FTA (한미 FTA협상 타결에 관한 양국간의 문제점 및 대응방안)

  • Park, Chong-Don
    • International Commerce and Information Review
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    • v.9 no.1
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    • pp.333-353
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    • 2007
  • This paper is to explore that there are structural problems in the Korea-U.S. Free Trade Agrement negotiation by examining the Korean FTA policy and to introduce some alternatives to overcome them. The structural problem stems in part from the inefficient system in FTA policy making and its implementation. Most importantly, there is a lack of ex-ante consensus building among stake-holders. As an alternative to the current FTA policy, we suggest two things. First, we argue that an FTA negotiation strategy should correspond to Korea's overall industrial development strategy. Second, the National Assembly should play an important part for enforce of trade policies as a tool for advancing a comprehensive strategic measures.

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A Study on the Change of Investment Environment to Cope with Korea-U.S. FTA (한.미FTA 체결에 따른 한.미간 투자 환경의 변화에 관한 연구)

  • Hur, Hyung-Doh
    • International Commerce and Information Review
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    • v.15 no.4
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    • pp.217-240
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    • 2013
  • The investment environment in Korea and U.S. dramatically changed since Korea-US FTA. The key reasons for this successful change were liberalization and strengthened protection of investment along with trade liberalization which also brought investment market expansion. As the result of trade-diversion effect, investments between two countries have been enormously increased. Through a FTA with the big economy like US, Korea's FTA network has been largely expanded. Korea further needs to utilize this outcome when competing with other countries in investment markets.

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An Analysis on the Damage Compensation of Hanwoo Farmers as a Result of the Korea-U. S. Free Trade Agreement (한.미 FTA 체결에 따른 한우농가 피해보전효과 분석)

  • Choi, Se-Hyun;Cho, Jae-Hwan;Gim, Uhn-Soon
    • Korean Journal of Organic Agriculture
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    • v.21 no.4
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    • pp.523-538
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    • 2013
  • To help improve the current government practice of direct damage-compensation policies, resulting from the loss of profit, sustained by Hanwoo farmers, as a result of the recent Korea-U. S. Free Trade Agreement (FTA), this research aims to examine any problems or issues caused by said policies. To accomplish this task, we have established Hanwoo-SIMO model and estimated the damage of Hanwoo farmers, one without the implementation of the FTA and another with the FTA, to compare and contrast the two. We then analyzed the efficacy of the current government policies. According to our analysis, the current direct compensation policies for the loss of profit on the part of Hanwoo farmers are insufficient. To address this problem, we recommend the government enact a new direct damagecompensation law to address the following issues. First, as the base formula of damage-compensation, the government should use current price of the beef rather than the annually changing flexible price. Second, the flexible control index should remain fixed at 1.0 rate while the government prepares the adequate amount of the damage compensating direct payment resulting from the FTA. Third, the direct government compensation policy should extend beyond the current 15 years (2013-2026) as the profit loss is expected to increase after the midpoint of the FTA.