• Journal of Arbitration Studies
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• v.29 no.3
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• pp.75-97
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• 2019

The growing importance of biological resources as sovereign rights to healthcare, energy, and food has sparked international discussions on Genetic Resources (GRs) and Traditional Knowledge (TK). As the bio-industry continues to grow, research and development utilizing patented biological resources are advocated. Currently, World Intellectual Property Organization (WIPO) is actively discussing GRs and TK, and an effective response to national interest has been sought. Of late, there have been growing disputes over issues like ownership, control, and access and benefit-sharing between indigenous peoples and users of GRs and TK resources. Resolution of disputes concerning GRs and TK are thus becoming critical not only to stakeholders such as the indigenous peoples and corporations, but also to third-party users. Due to the weakness of the current IP and court system however, such disputes are not addressed adequately. This paper will address the use of Alternative Dispute Resolution (ADR), which is an out-of-court dispute resolution system, on conflicting issues regarding GRs and TK. It will consider the WIPO as a forum for ADR and ADR for GRs and TK disputes and it will seek both parties in the dispute to benefit from the use of the ADR process.

• International Commerce and Information Review
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• v.19 no.2
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• pp.25-44
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• 2017

Though electronic commerce has grown rapidly in international trade, there is no basic consensus for its concept and rule applied. So WTO has done practice of not imposing customs duties on digital contents and been researching overall on electronic commerce through Work Program while many countries of the world attempt to obtain their interests by stipulating chapter of electronic commerce in their FTAs. This paper has compared and analysed chapter of electronic commerce in all the FTAs which Korea has signed and enforced. Korea's FTA stipulates commonly no customs duties, the other chapter's priority when chapter of electronic commerce conflicts the other chapter, electronic authentication, protection of personal information and consumer protection. But it has weak consistency and framework as it has different provisions for the objects of electronic commerce respectively, reserves classification & applied rule for electronic commerce, stipulates differently on non discrimination treatment and so on. Korea should participate in the research of international organization including WTO and cope actively and elastically by analysing the provisions of electronic commerce of the other countries' FTA such as USA, EU, CHINA and so on.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.121-151
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• 2006

As globalisation extends its effect and particularly following China's accession to the World Trade Organization(WTO) in 2001, ever greater numbers of international transactions will feature a Chinese party. China has certainly made efforts in recent years to rectify law problem. While conducting business in China, foreign companies occasionally find themselves embroiled in disputes with Chinese individuals and companies. As foreign businesses invest in the extraordinary market opportunities in China, international arbitration has also become the preferred method for handling disputes with Chinese partners or with other foreign corporation over operations in China. The new Arbitration Rules of the International Economic and Trade Arbitration Commission(CIETAC) came into force on 1 May 2005. The new rules represent a major overhaul of CIETAC arbitration procedures and are sure to enhance CIETAC's position as a leading player in the resolution of China-foreign business disputes. The changes are significant for all companies doing business in China. So, this article investigated some amendments on the basis of 2000 Rules.

• Journal of Korean Ophthalmic Optics Society
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• v.9 no.2
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• pp.241-249
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• 2004

Since 1989 the number of nationally licensed ophthalmic and refracting opticians in Korea have increased. Currently, they are being educated in four universities, twenty six colleges and three graduate programs. It is innevitable that the growth of optometric education in Korea will be progressively influnced by worldwide influnces such as the World Council of Optometry(WCO), the World Health Organization (WHO), and the World Trade Organization(WTO). However, currently no standards for optometric education exist in Korea. Thus, the Korean Professional Councils of Ophthalmic Optics(KPCOO) must develope and provide standards for optometric education programs.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.283-303
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• 2013

When a trade conflict arises related to an officially supported export credit programme, The World Trade Organization(WTO), decides on whether the programme is a forbidden subsidy stipulated in the Agreement on Subsidies and Countervailing Measures(the ASCM Agreement). Korea was taken to the WTO panel two times for the export credit programme. One is the semiconductor case in 2002 and the other was the shipbuilding disputes in 2004. And, In 2012, the U.S. Commerce Department ruled K-SURE's export insurance for Korean refrigerator manufacturers as a forbidden subsidy even if the case was not taken to the WTO. This paper examines the significance of export credit programmes on the WTO ASCM Agreement and discusses how to operate these programmes so they would not infringe upon the Agreement by analyzing the actual cases of WTO subsidy conflicts that involved Korean enterprises in relation to export credit programmes for the purpose of determining the related issues and impacts. From this research the results were as follows: First, on whether export credit is a prohibited subsidy, the deciding factor was whether a benefit has been conferred to the beneficiary. On the presence of a benefit, the WTO panel used market benchmarks as the main criteria. Thus, official export credit agencies(ECAs) should be careful not to provide export credit support which had been granted to the beneficiary at better than market terms. Second, in the case of export credit, the special status of ECA as a public body receiving government support itself does not constitute a subsidy. However, caution must be taken not to provide export credit that may lead to WTO ASCM subsidy conflicts involving a certain exporter or industry by setting up clear and valid regulations and fair work processes in the operation of export credit programmes. Third, item (j) of Annex I cannot be interpreted reversely as this item is for interpreting the presence of a prohibited subsidy, not the presence of a benefit. Thus, an export credit program that confers a financial contribution, a benefit and specificity, could qualify as a prohibited subsidy. Fourth, ECAs not only have to maintain long-term account balance but also introduce additional measures to meet this long-term balance such as a clear and systematic premium system. Finally, export credit programmes that are not defined in item (j) of Annex I of the ASCM Agreement would not deemed as an prohibited export subsidy as long as the continued support of the programmes are not being forced.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.247-280
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• 2020

For customs-free and liberalization on the trade of aircraft parts, the WTO Agreement on Trade in Civil Aircraft was separately concluded as plurilateral trade agreement at the time of launching WTO in 1995, and currently 33 countries including the United States and the EU are acceded but Korea does not. Major details of the Agreement on Trade in Civil Aircraft include product coverage, the elimination of customs duties and other charges, the prohibition of government-directed procurement of civil aircraft, the application of the Agreement on Subsides and Countervailing Measures, and the consultation on issues related to this Agreement and dispute resolution. Article 89 paragraph 6 of the current Customs Act was newly established on December 31, 2018, and the tariff reduction rate for imports of aircraft parts will be reduced in stages from May 2019 and the tariff reduction system will be abolished in 2026. Accordingly, looking at the impact of the Agreement on Trade in Civil Aircraft on the aviation industry, first, as for the impact on the air transport industry, an tariff allotment of the domestic air transport industry is expected to reach about 160 billion won a year from 2026, and upon acceding to the Agreement on Trade in Civil Aircraft, the domestic air transport industry will be able to import aircraft parts at no tariff, so it will not have to pay 3 to 8 percent import duties. Second, as for the impact on the aviation MRO industry, if the tariff reduction system for aircraft parts is phased out or abolished in stages, overseas outsourcing costs in the engine maintenance and parts maintenance are expected to increase, and upon acceding to the Agreement on Trade in Civil Aircraft, the aviation MRO industry will be able to import aircraft parts at no tariff, so it will reduce overseas outsourcing costs. If the author proposes a policy direction for the trade liberalization of aircraft parts to ensure competitiveness of the aviation industry, first, as for the tariff reduction by the use of FTA, in order to be favored with the tariff reduction by the use of FTA, it is necessary to secure the certificate of origin from foreign traders in the United States and the EU, and to revise the provisions of Korea-Singapore and Korea-EU FTA. Second, as for the push of acceding to the Agreement on Trade in Civil Aircraft, it would be resonable to push the acceding to Agreement on Trade in Civil Aircraft for customs-free on the trade of aircraft parts, as the tariff reduction method by the use of FTA has limits. Third, as for the improvement of the tariff reduction system for aircraft parts under the Customs Act, it is expected that there will take a considerable amount of time until the acceding to the Agreement on Trade in Civil Aircraft, so separate improvement measures are needed to continue the tariff reduction system of aircraft parts under Article 89 paragraph 6 of the Customs Act. In conclusion, Korea should accede to the WTO Agreement on Trade in Civil Aircraft to create an environment in which our aviation industry can compete fairly with foreign aviation industries and ensure competitiveness by achieving customs-free and liberalization on the trade of aircraft parts.

• Proceedings of the KSME Conference
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• 2001.06d
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• pp.985-988
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• 2001

Revision and establish of KS(Korean Standards) is currently actively discussed. It is just the time for a new world class standards under the new system with WTO(World Trade Organization). This paper is a part of "Researchs on the Standards in Railway rolling stock Field", as one of KS establish projects. The aim of this study is to define the requirements of railway rolling stock-test methods for running resistance. In the former KS, there is no items matched with this purpose. Therefore a new part of KS is proposed.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.22 no.2
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• pp.225-240
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• 1997

With the lanuch of the World Trade Organization(WTO) system, National and international trends toward more liberalized regulation of telecommunications terminal equipments drive the globalization of the telecommunications market. Despite of such trends, most countries have long viewed the type approval system as a major hindrance to overseas maketing because of a hodgepodge of diverse type approval system of telecommunications terminal equipments in each country. But, recently, many countries under these situations try to make a better understanding of respective requeirements of each country's many countries under these situations try to make a better understanding of respective requirements of each country'stype approval system, and where possible to strengthen commonalities, through referred to as "multual recognitio" system for the purpose of the development of procedures for hamonization oftype approval system in "one world, one market". Thus, this paper covers the definition, considerations and the case studies of mutual recognition between countries. Also, this paper suggests the desirable and general model of mutual recognition to be applied all the countries, which are being preparing and processing it.g and processing it.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2001.05a
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• pp.230-233
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• 2001

Revision of KS, Korean Standards, is currently actively discussed. It is just the time for a new world class standards under the new system with WTO, World Trade Organization. This paper is a part of "Researches on the Standards in the Building Acoustic Field", as one of KS revision projects. The aim of this study is to define the requirements for measuring the reverberation time of rooms with reference to other acoustical parameters. In the former KS, there is no items matched with this purpose. Therefore measuring reverberation time and other room acoustical parameters with confidential test procedure was impossible. On these basis, a new part of KS is proposed, and some problems remained and further discussions in the proposed draft are described in this study.

• Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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• 2000.11a
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• pp.336-339
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• 2000

Revision of KS, Korean Standards, is currently actively discussed. It is just the time for a new world class standards under the new system with WTO, World Trade Organization. This paper is a part of "Researchs on the Standards in the Building Acoustic Field", as one of KS revision projects. The aim of this study is to define the requirements of laboratory test facilities with suppressed flanking transmission. In the former KS, there is no items matched with this purpose. Therefore comparing several results with different measuring conditions of a laboratory and results between different laboratories was impossible. On these basis, a new part of KS is proposed, and some problems remained and further discussions in the proposed draft are described in this study.