• Korea Trade Review
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• v.45 no.2
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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.

• East Asian Economic Review
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• v.24 no.4
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• pp.337-348
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• 2020

Although the WTO has fulfilled several key tasks it was set up to do - providing periodic reviews of members' trade policies, resolving disputes, supporting negotiations - with the notable exceptions of the Trade Facilitation and Information Technology agreements, WTO members have not been able to negotiate new rules on "bread and butter" trade policies. The importance of doing so was illustrated by the COVID-19 pandemic which saw widespread uncoordinated recourse to trade policy instruments. This paper highlights four reforms that would bolster the effectiveness of the WTO as a forum for trade cooperation: (1) improving collection and reporting of information on trade-related policies; (2) supporting analysis-informed deliberation to establish a common understanding of the need and scope for cooperation in specific policy areas; (3) putting in place a stronger multilateral governance framework for plurilateral cooperation between groups of WTO members; and (4) reestablishing an effective dispute settlement system.

• The Journal of Fisheries Business Administration
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• v.30 no.2
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• pp.39-54
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• 1999

This paper focused on meaning, problems and prospect of structural reform of coastal and offshore fisheries in Korea. Structural reform can be defined as effective combination of production factors in order to enhance fisheries productivity and it can be realized mainly through fleet reduction, modernization of fishing vessels and fishing gear etc. However, the structural reform alone will not be sufficient to advance Koreanl fisheries facing with severe challenges from both inside and outside. Domestically, worsening status of fisheries resources, decreasing number of fishermen, worsening financial status of fisheries businesses and severe competition cause structural problem in fisheries sector and internationally the pressure from WTO and OECD to reduce tariff and subsides in fisheries poses severe challenges. The structural reform should be carried out in relation with the general adjustment programs across coastal and offshore fisheries such as M&A among fisheries businesses, adjustment of number of fishing permits and fishing areas. And the policy to enhance the fishing productivity is needed for recovery of fisheries resources and for the reduction of fishing efforts, that is, the approach which combines economic and resources concerns is needed. For the effective implementation of the reform, effect analysis of the reform program is needed and at the same time, eradication of illegal fishing, reduction of fishing fleet and reduction of fishing cost should be realized. However, the most important thing is the will and efforts of the government for successful reform. If the government does not exert sufficient efforts for the structural reform, Korea could be degraded into a backward country in fisheries.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.3-29
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• 2020

The WTO's dispute settlement system has played a significant role in settling trade disputes between countries, and its function and role have been expanded by handling about 596 disputes since its establishment in 1995. This shows that the WTO's dispute settlement system is gaining enormous trust among member countries that it recognizes as a fair, effective, and efficient system for resolving trade disputes. The U.S. remains uncooperative in the WTO dispute settlement system, citing disregard for the 90-day deadline for appeals, continued service by persons who are no longer A.B. members, issuing advisory opinions on issues not necessary to resolve a dispute, A.B. review of facts, and review of a member's domestic law de novo. The A.B. claims its reports are entitled to be treated as a precedent. These problems should be gradually improved through various discussions and agreements by establishing a multilateral forum for resolving disputes and gradually ending the problems through reform of the DSU.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.341-372
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• 2004

Since China was admitted to the World Trade Organization (WTO) on December 11, 2001, China has sped up its active participation in the competition of the world economy by lifting its trade and investment restrictions and limits. Its trading system is getting more and more free and its huge market with a population of 1.3 billion has been getting more and more open. With Chinas WTO accession, China has been honoring its commitments to its WTO members by complying with international business practices and WTO rules. For example, it will cut down its import tariffs for automobiles from the present 80% to 25% by 2006. Its financial sector and service industries are open to foreign investors now. As Chinas biggest business partner, Japan has benefited tremendously from Chinas open policies and deepening economic reform. In order to reduce the costs of production, a large number of enterprises from Japan have set up production bases in China since a Chinese workers wages accounts for only one tenth of those of a Japanese worker on the average. Japan has become one of Chinas biggest investors on a par with the United States of America (USA). How are the Japanese enterprises in Japan and in China adjusting themselves to the rapid changes of the Chinese market? What characteristics do the Japanese enterprises in China have? What effects has Chinas WTO accession had on those Japanese enterprises that have invested in China? This paper finds answers to the above questions. It at first reviews the Sino-Japanese economic and trade relations since 1980s, then analyses the situation and characteristics of Japanese-invested enterprises in China, and explores their problems in China. Finally it puts forward some suggestions for the Japanese enterprises in China.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.327-358
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• 2014

During the past decade after entering the World Trade Organization (WTO), China has quickened its integration into the global economy while its foreign trade has been further invigorated. On the 10th anniversary of China's accession to the WTO, the Chinese government issues White Paper to give a comprehensive introduction to China's foreign trade development. Through this paper, the Chinese government introduces I. Historic Progress in China's Foreign Trade II. Reform of and Improvements to China's Foreign Trade System III. The Development of China's Foreign Trade Contributes to the World Economy IV. Promoting Basically Balanced Growth of Foreign Trade V. Constructing All-round Economic and Trade Partnerships with Mutually Beneficial Cooperation VI. Realizing Sustainable Development of Foreign Trade. At present, the underlying impact of the international financial crisis, the protracted, arduous and complicated nature of the world economic recovery is manifesting itself, and the global economic structure and trade layout face in-depth readjustment. China will make new adjustments to its foreign trade, in an effort to turn foreign trade from scale expansion to quality and profit improvement, and from mainly relying on its low-cost advantage to enhancing its comprehensive competitive edge, thereby turning China from a big trading country to a strong trading power. China's foreign trade is still hampered by many uncertainties and is bound to meet new difficulties and challenges. During the 12th Five-year Plan period China will open itself wider to the outside world as a driver for further reform, development and innovation, make full use of its advantages, strengthen international cooperation in all respects. And at the same time China integrate itself into the world economy on a wider scale and at a higher level. China is willing to work with its trading partners to cope with the various challenges facing the world economy and trade, and promote its foreign trade to realize a more balanced, coordinated and sustainable development, and share prosperity and mutually beneficial results with its trading partners.

• 한국디지털정책학회:학술대회논문집
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• 2003.12a
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• pp.219-227
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• 2003

E-business including e-commerce boosts the competitiveness of corporations remarkably through the creation of new value added, positioning itself as the key to national competitive edge. Thus, advanced nations and international organizations such as WTO and OECD are structuring a positive support system for e-transformation. Korea also has been pushing for activating e-business at the government level since 2000. ECRC(Electronic Commerce Resource Centers) project is an efficient government initiative and inter-agency coordination in implementing e-Business policy for industry. This project has been sponsored by the MOCIE and operated through prime contracts with KIEC. ECRCs provide such services as educational training, technology transfer, consulting and information service related to e-Business for industry. They had given the digital opportunity demanded by industry from 1997 but in these days there are many other new e-business activating projects in Korea. This paper sought to study a strategic reform plan of ECRC.

• Journal of the Korean Professional Engineers Association
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• v.30 no.2
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• pp.52-60
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• 1997

As a matter of fact, the better architecture is very important things to create our generation and culture. Also, construction quality improvement is critical necessary to keep the culture and international competition which must be obtained through the consciousness reform of persons concerned. Therefore, the purpose of this proposal is to provide the basic point for establishing a practical compaign against construction failures. In this year, we have to remember the facts that's faced on market opening in construction market which is agreed in WTO. The contents of subject are as follows : 1 ) Subconscious reform of technician and projector concerned 2) Responsable consciousness of original contractor 3) Workmanship of skilled labor 4) Reasonable budget and bidding included sub-contractor 5) Advanced design and engineering quality 6) Certification of consulting engineer

• Korea Trade Review
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• v.41 no.1
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• pp.187-213
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• 2016

Trans-Pacific Partnership Agreement and Trans-Atlantic Trade and Partnership Agreement introduce "regulatory coherence." Regulatory coherence refers to "the use of good regulatory practices in the process of planning, designing, issuing, implementing and reviewing regulatory measures in order to facilitate achievement of domestic policy objectives, and in efforts across governments to enhance regulatory cooperation in order to further those objectives and promote international trade and investment, economic growth and employment." This paper traces ideas dealing with regulatory reform and regulatory transparency as discussed in OECD, APEC and selected WTO agreements, examines the text of the regulatory coherence chapter of TPP and TTIP, then examines the regulatory reform system of Korea to see whether Korea satisfies the conditions set forth in the regulatory coherence chapter of TPP. The paper concludes that the Korean regulatory reform system mostly satisfies the requirements of the TPP chapter on regulatory coherence, but some additional procedural reforms are needed for laws proposed by National Assemblymen, and regional laws proposed by regional governments. Finally, the paper notes that the Korean government has been mis-translating regulatory coherence as regulatory convergence, which is a separate idea, and the government should correct its error as soon as possible.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.253-275
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• 2006

Ever since the open and reform policy in 1987, China has adopted the socialistic market economy system and has been moving forward in economic reform. This gradually expanded their market economy. The open and reform policy achieved the highest average annual GDP growth rate of 9% and helped the country maintain high growth. China's economic growth in recent years has a lot to do with the international trading and direct investment by foreign corporations. China's entry into the WTO dramatically increased their amount of capital and investments due to their aggressive investments with foreign corporations. It is quite amazing that investments in China has been constantly increasing while the direct investments worldwide is decreasing. Moreover, increase in such investments is contributing to China's job creation, as well as, the expansion of international trading. When international economic exchange started between Japan and China in the 1970s, it was in the form of aid for developing countries, hence the collection of the investment was out of the question. It was in the 1990s that Japan started the full-scale investments with China and it was mostly centered in transfer of the production base. Japanese corporations aim was to mass produce goods less expensively using abundant and cheap labor and to sell them to Japan and other countries. The amount of Japan's exports and imports compared with China is increasing every year but the trade deficit has gone into the red. The dollar amount has been decreased from $ 27 billion in 2001 to $ 18 billion in 2003. The problems and damages in the system of justice and administrative confrontation that Japanese corporations are facing are continuously at a stand-still even after China's entry into the WTO. It has been 20 years since Japan's advance in China and during that period, the Japanese corporations brought many changes ranging from exports/imports to direct investment. Although Japan's new corporations tend to be located in the mid-western part of China, rather than the coastal areas, the region itself is not the cause for the confrontation. The problem stems from the Japanese treating the Chinese as if they were Japanese because they look similar due to their Asian ancestry. In reality the Chinese have completely different ways of doing business. Here we will take a look at the international trading and direct investment of Japanese corporations in China and study the conflicts that occurred in business transactions with China through real examples.