• 전자통신동향분석
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• 제37권5호
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• pp.1-10
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• 2022

Digital trade rules are crucial in supporting the digital economy as the rules effectively reduce unnecessary trade barriers. This study introduces various approaches that major countries take regarding digital trade policies and rules. Comprehensive and Progressive Agreement for Trans-Pacific Partnership has introduced comprehensive rules on e-commerce, including binding articles on the free flow of information, location of computing facilities, and source code. More recent e-commerce provisions or digital trade agreements cover wider range of issues, from cyber security, artificial intelligence, and data innovation to electronic invoicing and payments. Multilateral negotiations on digital trade rules, including the World Trade Organization E-commerce Joint Statement Initiatives and Indo-Pacific Economic Framework, are in progress. Thus, countries involved are expected to respond to new digital trade issues with long-term strategies considering domestic policy objectives.

• 무역학회지
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• 제47권1호
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• pp.199-214
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• 2022

This study aims to quantify the value of origin among CPTPP and Korea, under the assumption that the 'cumulation' clause has large economic effects in multilateral FTAs and increase the possibility of improving FTA utilization. Analysing the relationship between value-added exports and FTA utilization rate, there is a positive correlation between the two variables, and the cumulation of multilateral production of CPTPP is expected to increase Korea's value-added exports. In the GTAP-VA model, the target of cumulation is calculated as 'Domestic Value Added', and all value-added of CPTPP are cumulated in the form of value added exports of exporting country. When Korea participates in CPTPP, it is possible to cumulate additional 6.3~9.6% value added, and the agreements with low FTA export utilization rates such as New Zealand, ASEAN would have greater economic effects of cumulation. For the successful implementation of CPTPP in Korea, it is necessary to develop a new origin verification system that enables multilateral value-added cumulation. It is time to seek cooperation with countries currently participating in CPTPP to prove the value added inherent in CPTPP-originating products.

• 환경정책연구
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• 제1권1호
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• pp.111-128
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• 2002

The Ministerial Declaration of the 4th WTO Ministerial Meeting at Doha in November 2001 announced the launch of the New Round and a completion date of January 1st, 2005. It agreed to eventually negotiate trade and environment linkage issues, such as the relationship between the WTO rules and Multilateral Environment Agreements and the reduction or elimination of tariff and non-tariff barriers to environmental goods and services. The Committee on Trade and Environment was instructed to pursue work on all items on its agenda within the current terms of reference and to give particular attention to the effects of environmental measures on market access, relevant provisions of the TRTPS Agreement, and labelling requirements for environmental purposes. This means that far the first time, the members of the WTO will discuss and negotiate trade and environment linkage in the framework of multilateral trade negotiation. Korea, from the standpoint of a smaller open economy heavily dependent on international trade, is obliged to overcome the challenges imposed by the environment agenda in the Doha declaration. This study examined the linkage among environment, economic growth and international trade in order to review the possible trade and environment policy implications in Korea. Mutual supportiveness of trade and environment depends much on the effectiveness of trade and environment policy coordination. In this regard, we conclude that the Korean government should provide an appropriate institutional framework to promote closer cooperation among policy makers engaged in negotiations. Trade and environment policy review and environmental impact assessment of trade negotiation should be considered as a work programme of this institutional policy coordination framework.

• 통상정보연구
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• 제10권4호
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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.

• 통상정보연구
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• 제11권1호
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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

• 한국중재학회지:중재연구
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• 제17권1호
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• pp.3-32
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• 2007

This age is called the age of global trade, and the World Trade Organization is a forerunner in promoting the global free trade through multilateral negotiations as the global level. On the other hand, regional economic cooperation such as North American Free Trade Agreement(NAFTA) is appearing, saying that promotion by WTO takes too much time. As is known to everybody, Europe is on the way of integrating member states through EU not to mention economic cooperation. Even in Asia such tendency is shown through ASEAN, Korea, China and Japan in Northeast Asia share geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Under the situation, efforts have been made between three countries of Korea, China and Japan for the conclusion of investment agreements including FTA. If the conclusion of the FTA between the three countries would be realized, it would promote regional trade and investment, contributing to economic growth in the Northeast Asian region. The writer in this paper reviewed the settlement of private commercial dispute including investment dispute arising from the FTA and investment agreements. The investment dispute is quite different from an ordinary commercial dispute arising from commercial transactions in view of disputing parties, applicable laws and rules, etc. Therefore it is a problem of vital importance that the parties interested in investment under the FTA as well as the relevant investment agreement should understand and cope with the settlement mechanism of investment disputes arising therefrom. The ICSID Convention provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. All contracting states of the ICSID Convention are required by the Convention to recognize and enforce the ICSID arbitral awards. The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") is also applicable for the enforcement of arbitral awards to be rendered under the FTA. As to applicable rules, the UNCITRAL Arbitration Rules may be required for the settlement of investment disputes under the FTA. This Rules has adopted by the internationally recognized arbitral organizations although it was developed primarily for use in ad hoc arbitration. The promotion of arbitral cooperation may be realized through agreements between arbitral institutions. Especially under the NAPTA system, a central common system was established to resolve jointly private commercial disputes arising from such free trades by the initiative of arbitral organizations among the member countries. It is called Commercial Arbitration and Mediation Center for the Americas(CAMCA), which may be a good example for the settlement promotion of the private commercial disputes between Korea and other relevant countries.

• 통상정보연구
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• 제12권3호
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• pp.167-195
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• 2010

The global financial crisis, the instability of the global economy since the beginning of the growing economic interests of the countries to adjust to establish a new economic system was set up on occasion. Meanwhile, standing in the international trade environment, multilateral system of international trade for the country as the cumulative fatigue of open markets and trade liberalization as an alternative to lead the free trade agreements between countries. Currently in Korea and China, in addition to the geographical proximity in all areas, including economic exchanges and mutually dependent relationship that is deepening the world's No. 1 exporter in China and overseas investors have become partners. FTA with China by promoting the growth of emerging economies in the Chinese market by securing a stable economic growth of China as a driver of economic growth in the country to utilize the plan is being promoted from. This study is currently being promoted, in a discussion of the FTA's agricultural trade measures to address the challenges and poems. Agricultural trade with other goods to be different from the specificity of the discussion of market opening and liberalization of trade has been recognized in the main essentially nothing. We promote an FTA, according to one review and discuss the background and trends of the agricultural trade in a market, through the analysis of the status and trends and present problems for future bilateral trade negotiations with Korea for agricultural markets and propose countermeasures for. Agricultural trade, during a discussion of the FTA is essentially nothing in the review is expected to expand the bilateral trade in agricultural products, while protecting its agricultural markets to be trying to policy implications.

• 무역상무연구
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• 제69권
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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.

• 국제지역연구
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• 제15권2호
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• pp.383-401
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• 2011

본 연구는 FTA의 효과를 극대화하는 데 있어, 무역자유화의 이익을 침해하지 않으며, 동시에 환경보호를 달성하기 위한 환경규정의 제정방향에 대하여 연구하였다. 본 연구를 통하여 FTA체제하에서의 무역자유화와 환경보호 달성을 위한 환경규정의 제정방향은 크게 세 가지로 요약해 볼 수 있다. 첫째는 FTA협정문상의 환경기준을 적용하는 데 있어서는 새로운 환경기준을 적용하기 보다는 기존의 있는 환경기준을 적용하여 환경협상력을 강화하고 교묘하게 운영되는 환경보호조치를 축소하기 위한 노력을 기울여야 한다. 둘째로 FTA 체결국간에 논란의 여지가 많은 것에 대해서는 보다 엄격한 환경관련 규정을 적용하거나 현행 WTO규정 및 다자간환경협약을 그대로 적용하는 것이 타당할 것으로 보여진다. 셋째는 FTA를 통한 환경기술이나 제품에 대한 적극적인 교류를 확대할 수 있는 규범 제정이 필요하다. 마지막으로 환경과 관련한 실체적 규범과 절차적 규범에 대한 명확한 제정이 이루어져서 오염행위나 환경마찰에 대하여 신속하고 객관적인 이행이 보장되도록 해야 한다.

• 한국언론정보학보
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• 제35권
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• pp.36-86
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• 2006

전 세계를 시장화하는 GATT 및 WTO 등 다자간 자유무역체제의 확산 및 특정 국가간의 자유무역협정(FTA) 등이 확대됨에 따라 방송 분야의 산업화와 세계화가 급속히 진전되고 있다. 산업적 논리에 입각한 방송환경의 변화는 방송의 산업적 위상을 높이는 결과를 가져왔으며, 방송은 21세기 최고 유망산업 가운데 하나인 문화산업의 핵심 분야로 주목받고 있어, 방송 상품은 국제무역에서 중요한 교역물의 하나가 되었다. 국제교역에 있어서 미국과 일본은 문화 산물도 일반 재화와 동일하게 취급하여 국제적인 자유무역의 틀 안에 두려고 하며, 반면 EU와 캐나다 등의 국가들은 문화 산물을 상품임과 동시에 공공재라는 입장을 취하여 자유무역에서 제외해야 한다는 문화적 예외를 주장하고 있다. 그러나 WTO의 DDA협상이 진행되고 있고 미국이 FTA를 급속히 확대해 나가고 있는 상황에서 다자간 자유무역협정의 틀 안에서 이루어지는 문화적 예외는 한시적 대응수단으로 근본적인 대안이 될 수 없다. 따라서 유네스코의 문화다양성 협약을 통해 국가의 문화정체성 확보를 위한 정책 등을 실행함으로써 문화에 대한 자주권을 국제법상 보장받도록 해야 하며 무역협정의 교역질서를 대체하는 새로운 문화교류의 질서를 조직하여야 한다.