• East Asian Economic Review
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• 제17권4호
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• pp.333-359
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• 2013

Two mega-regional negotiations are changing the landscape of Asia Pacific trade policy: an Asian track centered on ASEAN (the Regional Comprehensive Economic Partnership or RCEP), and a Trans-Pacific track centered on the Trans-Pacific Partnership (TPP) among 12 economies, including the United States, which Korea is expected to join. Modeling results suggest that both would generate substantial benefits for Korea and the global economy. From Korea's viewpoint, the agreements would establish new FTAs with China, Japan and smaller economies, improve the utilization of FTAs by permitting the regional cumulation of inputs, and help to upgrade some Korean FTAs to more rigorous standards. By participating in these agreements, Korea could also help to guide them toward inclusive, high-quality regional outcomes. As one of the region's most open and agile economies, Korea has a large stake in regional integration and would be well advised to pursue both tracks.

• 무역상무연구
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• 제61권
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• pp.303-325
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• 2014

As the development of information and globalization of world economy enters new condition, the stake of every nation's makes more complwx, and multilateral negotiation lead by WTO is seriously delayed. But the number of agreement about FTA increase exponentially. In this study we aim to consider whether Korean FTA affects the relation of the trade of Korea and Japan or not, especially Automobile industry. The composition of this paper is as follows. Chap. 1 is Introduction. In Chap. 2, we consider the change of the Trade Policy of Korea focusing in FTA. In Chap. 3, we consider how Korean FTA affect the structure of Japan's Trade, especially the automobile industry of Korea and Japan. In Chap. 4, we have conclusion. As the conclusion, the impact to the automobile industry of Korea and Japan is that Korean FTA works to Korean automobile industry advantageously in micro level, but in macro level, the competition of world automobile industry move into a next generation technology market.

• 무역학회지
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• 제47권5호
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• pp.223-240
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• 2022

Anti-circumvention rules were discussed profoundly during the Uruguay Round and the DDA negotiations, although WTO members failed to reached an agreement to introduce it to the WTO Anti-Dumping Agreement. However, as the cases of circumvention of anti-dumping duties increase, a number of countries have enacted anti-circumvention regulations as part of their anti-dumping laws. This study aims to analyze anti-circumvention rules from the perspective of WTO law. After overviewing the object and purpose of anti-dumping and anti-circumvention regulations, it examines anti-circumvention regulations of the US, the EU, and India. Next, the study explores the possible WTO-inconsistent aspects of those regulations. Then, it discusses whether it would be preferable for countries not equipped with anti-circumvention regulations, such as Korea, to have one. Thereafter, this study proposes Korean government to introduce anti-circumvention rules into its anti-dumping law.

• 무역상무연구
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• 제32권
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• pp.3-27
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• 2006

The Pennzoil case and the SME case illustrate the difficulties which originate from inadequate drafting of letters of intent. In both cases the judges had to face the crucial question as to whether or not a given letter of intent had a binding nature; they had in other words to decide whether the wills expressed in such letters still belonged to the pre-contractual stage, or whether their incorporation into a pre-contractual document meant that negotiations were over and binding obligations had already arisen for the parties. In other words, some problems may occur when a party has documented a stage in the negotiations by letters of intent. The letters may well explicitly spell out if, and to what extent, the parties should be bound by what they have already agreed or to carry on negotiations in order to reach the final contract. But if the letters are silent, some problems would arise. Contracting parties are, therefore, well advised to spell out if, and to what extent, they should be bound by such preliminary agreements. Here again, it might be prudent to explicitly set forth that the parties should not be bound until there is a final written contract signed by authorized representatives of the parties but that they shall abstain from such measures which may defeat their stated objective to reach final agreement, e.g. by diminishing the value of performance under the contemplated contract.

• 무역학회지
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• 제46권3호
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• pp.99-117
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• 2021

Korea's FTA e-commerce regulations are evolving into a standardized norm. However, "location of computing facilities", which was not covered by Korea's existing FTA, was newly established in Korea's first Mega FTA, RCEP. China, a member of RCEP, restricts data movement and requires data localization through its Cybersecurity law. These facts have led to start this study with interest in data-related regulations. It examined country-specific and regulatory characteristics in the process of forming digital trade norms, using the TAPED established by Burri et al. (2020). It also analyzed the current status of introducing norms related to 'data flow', 'data localization' and 'data protection' of the EU, USA and China, which are leading the formation of e-commerce trade norms. Finally, the legal review was conducted to compare the exact meaning of the wording expressed in each agreement for the six recently enacted Mega FTAs and Digital Economic Agreements. These findings are meaningful in that they provided implications for the effectiveness of RCEP and the direction of negotiations on Korea's digital trade norms.

• 무역학회지
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• 제46권2호
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• pp.213-228
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• 2021

In recent year, US government requires local investment ,unlike in the past, when import restrictions and tariff were imposed. In this situation, many companies are considering new investment in the US and entering the local market. However, research on the optimal investment plan along with the case analysis on trade regulation is extremely limited and more research needs to be conducted. Accordingly, this study aims to suggest the implications and countermeasure of the SCM and logistical perspective by studying the optimal measures for the new investment of each company due to trade regulation. As a research method, the gravity location model, Mixed Integer Linear Programming Model were used to select the optimal automobile manufacturing factory considering each state's population. This study will be implication of SCM and logistics perspective not only for companies considering new investment in the US but also for the government to conduct trade negotiations. In the future, it is expected that the US trade pressure will increase and affect Korea in many ways. Therefore, in order to cope with such difficult situation in a timely manner, continuous research considering various possibilities is needed in the future.

• 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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• 제14권
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• pp.291-321
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• 2000

This study investigates the different pattern of trade negotiation between Korea and Japan. For the Korea, it is inevitable to enhance nation's competitiveness position amid the rapidly changed international environment. Especially, Korea's recent experience of IMF credit under economic crisis during 1997-1999 tells us the importance of international trade and trade negotiation. Our main interest is focused on the comparative pattern of both countries with the recognition that the role of the negotiation can not be overemphasized for the Korea. This is because Korea has continuously recorded the huge trade deficits with Japan for the long time. Although we consider the different degrees of products quality, industrial structure, productivity, and national competitiveness of both countries, it is necessarily required to pay special attention on different pattern of negotiation skills and tactics between two countries. In the paper, we suggest some important guidelines for Korea to improve its negotiation technique with Japan. First, valuing human relation between negotiators, rather than negotiating process. Second, preparing for negotiations: the negotiators should try to carve out enough time to prepare for the bargaining. Third, appreciating the power of patience: very essential to effective outputs. Fourth, being a specialist on both countries' culture and avoiding lawyers' intervention for conflict resolution.

• 통상정보연구
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• 제13권3호
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• pp.511-541
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• 2011

본 연구에서는 앞으로 있을 한 중 FTA협상 추진 전략을 중국의 낮은 수준의 FTA 체결 선(先)제의에 대한 우리나라의 최적 대응전략 측면에서 고찰하였다. 국제협상 분석 게임모델 중 비협조게임의 기본 모형인 죄수의 딜레마 게임을 기본 틀로 하여 Putnam의 2단계 게임 론을 활용하여 결론을 도출하였다. 향후 한 중 FTA 추진의 전략적 기본원칙은 정부가 주장하는 높은 관세양허 수준의 포괄적 FTA보다는 비록 경제적 효과가 다소 떨어지더라도 가능한 빠른 시일 내 '중간 수준'의 FTA(포괄적이나 전반적으로 낮은 관세양허 방안)를 시작하는 정책을 추진함이 바람직 할 것으로 결론지었다. 이러한 관점에서 한 중 양국이 상대국으로부터의 수입액 중 일정 비율, 가령 70-80%에 해당하는 품목에 대해 협상개시와 함께 관세를 내리는 조기수확 프로그램(EHP: Early Harvest Program)을 활용하는 전략도 한 방법이 될 것이다.

• 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.