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Privatization-related Subsidies under SCM Agreement
LEE EUN-SUP(이은섭),Yannan Sun 법무부 국제법무정책과 2011 통상법률 Vol.- No.100
There have been growing interests among the WTO member countries in the issue whether it is reasonable under WTO subsidy rules to impose countervailing duties on those goods imported from the privatized company based on the pre-privatization subsidies, even when the company was privatized at arm's length. This paper suggests the proposal for more reasonable interpretations and application of the SCM Agreement to avoid the abuse of the countervailing measures under the current WTO Agreement. For the applicable suggestion, it reviews the problems exposed through the enforcement of the United States subsidy-relating policy and irrational methodology in treating with the privatization-related subsidies, and the WTO's judicial decisions on them. With regard to the privatization-related issues, the United States attempted to impose countervailing measures on products imported from privatized companies, for which the U.S. made amendment to the countervailing duties law and tried to apply various methodologies in the countervailing investigation. Such efforts of the U.S., however, were criticized severely by the trading partner countries and also judged to be in breach of the SCM provisions of the WTO. The United States laws and the Department of Commerce's enforcement would impede the effect of the several salient U.S. trade policies and threaten the credibility in its efforts to pursue a trade policy toward liberalization and open markets. Such an approach would be harmful to the U.S. consumers and industry, foreign industries, and free trade in general. Since the United States has maintained ideological and pragmatic interests in promoting privatization in the word markets, its legislative and administrative approach to the privatization-related subsidies should conceptually be reframed to be well-grounded in economic principles, and compatible with the U.S. trade policy goals and, at the same time, the WTO spirit and principles.
WTO체제하 무역과 환경의 조화를 위한 “동종상품”의 판단기준
이은섭(Eun-sup Lee),이양기(Yang-kee Lee) 한국국제상학회 2006 國際商學 Vol.21 No.1
One of the most controversial issues in interpreting the product under the GATT/WTO in linking trade with environmental policies is defining what is "like product". Even though the WTO Appellate Body"s decision, differently from the panels" decisions under the GATT, opened the door for environmental consideration to be taken into account in determining "like product", it is still unclear whether the Appellate Body takes into account the environmental concerns arising solely from the process and production methods of a product in determining the likeness of product. In order to balance the value of free-trade and environmental protection, the value of environmental protection which has arguably rather poorly been evaluated should be advanced by defining the term of "like products" more obviously; i.e. the definition of "like products" should be shifted from the way of emphasizing physical characteristics into the way of emphasizing functional characteristics.
이은섭(Lee, Eun-sup) 중앙어문학회 2013 語文論集 Vol.53 No.-
This paper aims to investigate the characteristics of the second person pronoun ‘그대[keudae]’. Even though this pronoun is the correspondence of ‘너[neo]’(you) which is the most general second pronoun in the aspect of the addressee-honorifics, some people take it for third person pronoun in some instances recently. This case is originated from several causes.<br/> Most of all, when a addressee is invisible at the scene of discourse, some misread who is referred ‘그대’ as the third person she or he. Also since some changes occurred in the addressee-honorific system diachronically, the distribution scope of ‘그대’ became to cover all kinds of honorific styles.<br/> ? However we can identify the characteristics as the second person pronoun of ‘그대’ to be still steady. At first, ‘그대’ occurred in the imperative and the propositive without any constraints. There are no possibility that people would interpret it as the third person.<br/> At second, as ‘그대’ often combines with the vocative case marker ‘여[yeo]’, it would be introduced into the discourse as a addressee automatically. Besides, ‘여’ has some restriction in combining with other person pronoun. Therefore we reaffirmed that ‘그대’ has solid status as a second person pronoun.
이은섭(LEE EUN-SUP),이주영 법무부 국제법무정책과 2007 통상법률 Vol.- No.76
One of the persistent problems under the WTO is to secure an appropriate balance between trade rules and environmental protection measures. There has been particularly the tension arising from the constraints that WTO law places upon Members who wish to take a precautionary approach to environmental protection. There is a discrepancy in the scope of the application between SPS Agreement and the international environmental agreements including Cartagena Protocol. Therefore, conflicts have occured between the Protocol focusing on trade restrictions for environment and the SPS Agreement focusing on regulation of the trade restriction for environment.This paper discusses the establishment of the standard of review applicable to the SPS Agreement focusing on harmonizing the potential precautionary principle as the customary international law with the SPS provisions, and suggests the “reasonable regulator” standard as the proper one specific to the SPS Agreement. The “reasonable regulator” standard means that if a reasonable regulator might conclude that there is a scientific basis for an impugned measure, then the panel should not overturn it. This “reasonable regulator” standard at least has the basic virtue of being a standard of review in the sense that it sets a ceiling on how intrusive review should be.
이은섭(Eun-Sup, Lee),김선옥(Sun-Ok, Kim) 한국통상정보학회 2006 통상정보연구 Vol.8 No.2
This paper discusses the definition of the term “domestic industry” in relation to the application of the safeguards provisions of the WTO through the judicial interpretation made by the WTO Appellate Body and panel. The requirements for the imposition of safeguards include a rapid increase in import quantity, the existence of serious injury or threat of serious injury to the domestic industry, and a causal relationship between the increase in imports and the industrial injury. The domestic industry refers to the producers that account for a considerable portion of the total national production, or the national producers who produce articles “like” or “directly competitive” with the specific imports. Chronically, there have been controversial disputes relating to the interpretation of the term “like” or “directly competitive”. Reviewing the disputes relating to the term “domestic industry” in application of the safeguards provisions since the establishment of the WTO, the interpretation of the term “like” has been made imposing weight on the physical characteristics of the products. This interpretation is in contrast with that of the interpretation of the term “directly competitive” which has been interpreted with imposed weight on the commercial elasticity of substitution which can be measured by the final use or consumer’s taste.
LEE EUN-SUP(이은섭) 법무부 국제법무정책과 2006 통상법률 Vol.- No.68
This article is to consider whether it is possible or not to seek harmonized resolutions of trade and environmental conflicts through the dispute settlement process within the WTO mechanism, considering the practical difficulty to relate legally the multilateral environmental agreements (MEAs) with the WTO provisions. These resolutions are discussed under the presumption that environmental issues in the WTO are better served under a one-pillar concept with the WTO as a sole column rather than two-pillars idea with WTO and the created world environment organization. The considerations are focused on the review of the GATT/WTO judicial interpretations of the related provisions including Article XX of the GATT to harmonize trade and environmental conflicts, from which the possibility to seek harmonized resolution through the dispute settlement process would be inferred. Summarizing the cases dealt in the dispute settlement procedures at the GATT, the justification of trade measures aiming at environmental protection had been strictly interpreted. Consequently, GATT/ WTO mechanism has been accused of its negative attitude against environmental protection. Fortunately, however, since the launch of the WTO, trade measures for environmental protection in several cases have been justified through the WTO's progressed judicial interpretation. This progressive interpretation on the related provisions is meaningful considering the fact that it offered driving force to revolute the nature of the dispute on trade and environment. Such an interpretation is substantially evaluated to improve the value of the sustainable development and environmental protection.