A Comparative Study of Fisheries Laws between Korean and japan in the Era of WTO and Sustainable Fisheries

MyongSop,Pak JeongKi,Park Kohei,Matsumoto 한국해양비즈니스학회 2003 해양비즈니스 Vol.- No.1

유비쿼터스 환경에서의 해양수산물 유통 가치사슬 혁신 및 전자상거래 시스템 구축에 관한 연구

박명섭(MyongSop Pak),김종욱(Jonguk Kim),이원준(Won Jun Lee),박상철(Sang Cheol Park) 한국IT서비스학회 2006 한국IT서비스학회지 Vol.5 No.2

  In general, the distribution structure of marine products is very vulnerable to the uncertainties in the process from the production to the sale, and a lot of difficulty is thus inevitable in the supply control. Such a distribution structure is a very critical issue in securing the suability of marine products through systematic quality and hygiene control of marine products, and it is thus time to discuss the method to innovate and restructuring the distribution structure of marine products.<BR>  From this point of view, this study approached the flow from production to consumption in view of SCM(supply chain management) beyond the partial discussion conducted so far for the distribution structure in the field of marine products. Further, this study suggested the establishment of electronic commerce systems with a traceability system built in RFID for marine products as an alternative of redesigning distribution infrastructure in the ubiquitous environment. From the results, we assured that such an electronic commerce system would be a new measure to improve the structure currently causing inefficiency and excessive distribution cost for the distribution structure of marine products.

남북한간의 효율적인 해상운송체계 및 제도보완

박명섭(Pak MyongSop),박광서(Park KwangSeo),김병조(Kim ByungJo) 한국해양비즈니스학회 2004 해양비즈니스 Vol.- No.4

The cooperation between South and North Korea is composed of the movement of manpower and capital including cargo. The major modal of transport in the cooperation, so far, seems to be transport by sea rather than by air and land. The South and North Shipping Agreement, which was made on 28th May 2004, prescribes South and North Korea"s sea lane as national inland lane and opening of seven ports to each side. The paper deals with ship operation and major ports of South and North Korea. It also introduces the activitization measures for South and North Korea"s shipping. It reviews legal and institutional problems to be tackled and fund raising for improvement of North Korea"s shipping infrastructure.

국제 비즈니스의 친윤리 시스템에 관한 연구

박명섭(Pak Myongsop),박우진(Park Woojin),최병권(Choi ByoungKwon) 한국해양비즈니스학회 2005 해양비즈니스 Vol.- No.5

  In recent years, many companies in Korea are competitively implementing the business ethics as their business practices. However, the promotion of ethical business practices by Korean companies seems to be low geared. Looking outside Korea, the mandatory implementation of the general policies of business ethics is becoming more common due to the increase of the demand for practicing business ethics by non-governmental organizations such as Caux Round Table and TI and the regulations of OECD or FCPA of the US. It is obvious that immoral corporations will be restricted by Ethic Round from international trades.   On the same token, this essay has examined business ethics and the social trend of anti-corruption. Especially the international trend of external pro-ethics programs and the substantial level of regulations have been thoroughly considered. These are new to the corporations in Korea although they have already become a common sense to the advanced, western corporations. Furthermore, in this essay I have introduced Caux Round Table Principles, EU Ecolabel, and SA 8000 Standard, and appended recent research results such as Corruption Perceptions Index and Bribe Payers Index conducted by TI.   The purpose of this essay is to get a new understanding of the relatively tepid interest in business ethics in Korea.

U.S. Trade Policy in Transition : An Overview

Pak, Insop;Pak, Myongsop 법무부 2006 통상법률 Vol.- No.69

1980년대 초반 이후 미국의 고질적인 무역적자와 경상수지적자는 대외부문의 불균형을 지속적으로 악화시키고 있는 실정이다. 미국의 이러한 구조적 불균형은 한편으로 미국의 재정수지적자와 일본과 중국등 동남아시아 국가들의 수출경쟁력의 신장에 기인 한다고도 볼 수 있다. 1980년대의 세계부채위기는 미국의 우루과이라운드 협상을 비롯한 통상전략에 커다란 영향을 끼쳤다. 특히 1994년 WTO 출범 이후 미국의 통상정책은 국제통상환경의 변화에 따라 교역상대국과의 통상확대를 통하여 협상력을 제고할 수 있는 유리한 입지확보를 위한 방향으로 수정되어 시행되고 있다. 이에 본 논문은 대외 통상환경의 개선을 위한 미국의 개별적인 노력 및 구제조치를 비롯한 구체적인 통상정책이 어떻게 채택되었는지를 살펴보고자 한다. 이를 위해 본 논문은 GATT체제에서 미국이 어떠한 통상정책으로 대외균형을 유지해왔는지를 분석하고자 한다. 나아가 현행 WTO의 틀내에서 미국의 통상정책의 조정수준을 고찰하고 적극적인 무역자유화 추진의 전개방향을 전망하고자 한다. Since the early 1980's the U.S. has been suffering large and chronic trade and current account deficits. These have been caused by large U.S. budget deficits, increased industrial competition from many countries. The World debt crisis of the 1980's had a big impact on U.S. trade bargaining strategy, the Uruguay Round―GATT outcomes. The U.S. trade policy has adjusted to new conditions to capture the full gains from the developments with the rapid evolution of global trading relationships. In this paper we examine the adjustment environment in the U.S. as set out by the U.S. trade remedy laws (countervailing duties for subsidies, anti‐dumping duties, Section 201 safeguard relief, Section 301 remedies, and balance of payments relief) under GATT/WTO. How has the U.S. responded to opportunities and challenges associated with the change of global trade relations? Specifically, what options for improved U.S. trade balance operated under the GATT 1947? How does the GATT 1994 and the WTO alter this situation and the scope for U.S. trade remedies? This paper begins with an analysis of the economic situation of the U.S. with respect to foreign trade. Then, it examines how U.S. trade policy could accomplish in response to changes in global market condition by the means provided by GATT 1994, or by the measures provided by GATT 1947, if there would be any need for a change. Based on the review, we will provide prospects of the U.S. trade policy for the future and the implications for global trade relationships.

An Empirical Analysis of FDI ReviewReinforcement and Investment Inflow of Host Country -Focused on the U.S. FDI Review Reinforcement -

Heejun Kim,Myongsop Pak 한국무역금융보험학회(구 한국무역보험학회) 2021 무역보험연구 Vol.22 No.4

본 연구는 투자대상국의 FDI 심사강화에 따른 투자유입에 미치는 영향을 실증적 분석을 통해 살펴보는데 그 의의가 있다. 투자대상국의 FDI 심사강화 이력을 살펴보고, 투자유입과 투자유 형별 분석을 위해 연구에 활용될 수 있는 데이터 수집을 통한 실증분석 형태의 연구모델을 마련하여 분석에 이용하였다. 실증연구를 위해 투자대상국을 미국으로 선정하였으며 2014년 부터 2020년까지 총 7년 동안 17개 국가로부터의 FDI 유입에 대한 패널데이터를 구축하였으 며, 하우즈만 검정 및 고정효과모형을 통하여 투자대상국의 FDI 심사강화가 투자유입에 대해 부정적인 영향을 미치는 사실을 확인하였다. 그러나 투자유형별 분석에서는 Brownfield 방식의 투자만이 FDI 심사강화에 부(-)의 영향을 미치며, Greenfield 방식에는 영향을 미치지 못하는 것으로 확인되었다. 이는 투자대상국의 FDI 심사강화와 동시에 신규 생산기지 설립 등 자국으 로의 적극적 투자유치 정책적 기조가 함께 반영되어 나타난 결과임을 시사하고 있다. Purpose : This study is significant in examining the effects of FDI review reinforcement of Host Country for FDI inflows through empirical analysis. Research design, data, methodology : This study uses bilateral FDI panel data from 17 countries to U.S. for 7 years and utilizes the panel data analysis based on a gravity FDI equation. It hypothesizes that the FDI review reinforcement would negative effect to investment inflow in host country. Results : The result suggests that the strengthening FDI review process in U.S. makes the negative effect on inflow through Hausman test and fixed effect model. However, the result of analysis by type of investment suggests that only Brownfield investments method have a negative effect on FDI inflows in the U.S. Conclusions : This suggests that it is the result of reflection of U.S. policy to strengthen the FDI review process and attracting active investment to the U.S.

미국-브라질 WTO 면화보조금 분쟁에 관한 사례연구

성영화,박명섭(MyongSop Pak) 법무부 국제법무정책과 2010 통상법률 Vol.- No.92

In late 2002, Brazil initiated a World Trade Organization (WTO) dispute settlement case (DS267) against certain aspects of the U.S. cotton program. On September 8, 2004, a WTO dispute settlement panel ruled against the United States on several key issues in case DS267. The ruling was upheld on appeal to the WTO’s Appellate Body on March 3, 2005. Key findings included (1) U.S. domestic cotton subsidies do not afford to be protected by the “Peace Clause”; (2) the two major types of direct payments made under U.S. farm programs do not qualify for WTO exemptions from reduction commitments as fully decoupled income support; (3) Step 2 program payments are prohibited subsidies; (4) U.S. export credit guarantees are effectively export subsidies; and (5) U.S. domestic support measures that are “contingent on market prices” have resulted in excess cotton production and exports that caused low international prices and resulted in “serious prejudice” to Brazil. In response to the WTO ruling, the United States has made several changes to its cotton support programs. However, in August 2006, Brazil requested a WTO compliance panel to review whether the United States had fully complied. In December 2007, a compliance panel ruled that the United States had not fully complied with earlier WTO recommendations. The compliance panel ruling was upheld on appeal in June 2008. On March 3, 2009, at a meeting of the World Trade Organization’s (WTO’s) Dispute Settlement Body (DSB) in Geneva, Brazil claimed the right to impose $2.5 billion in retaliatory sanctions against the United States in its long-running case against certain U.S. cotton subsidies. As part of its prohibited subsidy countermeasure, Brazil is seeking “cross-retaliation” rights that would permit retaliation in sectors other than just the goods sector such as intellectual property rights and trade in services. The United States has expressed strong disagreement both with the amount of countermeasure requested and with any right of “cross-retaliation.” Eventually Brazil and U.S. requested a resumption of the arbitration proceedings to review its proposed retaliatory countermeasures. On August 31, 2009, an arbitration panel ruled that Brazil can retaliate $294.7 million for the fiscal year 2006 (will change from year to year) against U.S. trade-distorting practices involving cotton subsidies. An arbitration ruling in favor of both Brazil’s retaliation amounts and the requested “cross-retaliation” feature could raise the stakes in this particular dispute by expanding retaliation into TRIPS and GATS. But the panel did not specifically reclassify U.S. PFC and DP payments as “amber box,” nor did the panel recommend that the United States should notify such future payments as “amber box.” This is a subtle but critical distinction because of the enormity of PFC and DP payments. The specific finding on the apparent failure of U.S. “decoupled” payments to meet WTO green box criteria leaves such programs open to future charges, and that third countries may feel emboldened by knowing how a WTO panel is likely to rule on such matters. Actually in 2007, Canada and Brazil initiated separate but similar WTO cases against certain U.S. farm programs that has exceeded the subsidy spending limit, and that the U.S. operates its agricultural export credit guarantee program in such a manner as to provide prohibited subsidies. The European Union (EU) is also likely to be concerned about this finding since the EU’s agricultural program relies heavily on “decoupled” payments similar to the those of the U.S. program. The U.S. response to the WTO cotton ruling is being watched closely by developing countries, particularly by a consortium of four African cotton-producing countries that has submitted its own proposal to the WTO calling for a global agreement to end all production-related support for cotton growers of all WTO member countries. This is rare case that takes the almost full tracks of WTO dispute settle

U.S. Trade Policy in Transition

PAK IN SOP(박인섭),MyongSop Pak(박명섭) 법무부 국제법무정책과 2006 통상법률 Vol.- No.69

Since the early 1980s the U.S. has been suffering large and chronic trade and current account deficits. These have been caused by large U.S. budget deficits, increased industrial competition from many countries. The World debt crisis of the 1980s had a big impact on U.S. trade bargaining strategy, the Uruguay RoundGATT outcomes. The U.S. trade policy has adjusted to new conditions to capture the full gains from the developments with the rapid evolution of global trading relationships. In this paper we examine the adjustment environment in the U.S. as set out by the U.S. trade remedy laws (countervailing duties for subsidies, anti-dumping duties, Section 201 safeguard relief, Section 301 remedies, and balance of payments relief) under GATT/WTO. How has the U.S. responded to opportunities and challenges associated with the change of global trade relations? Specifically, what options for improved U.S. trade balance operated under the GATT 1947? How does the GATT 1994 and the WTO alter this situation and the scope for U.S. trade remedies? This paper begins with an analysis of the economic situation of the U.S. with respect to foreign trade. Then, it examines how U.S. trade policy could accomplish in response to changes in global market condition by the means provided by GATT 1994, or by the measures provided by GATT 1947, if there would be any need for a change. Based on the review, we will provide prospects of the U.S. trade policy for the future and the implications for global trade relationships.

新國際漁業秩序에 따른 우리나라 水産業法에 관한 硏究

박정기(朴正基),박명섭(MyongSop Pak) 법무부 국제법무정책과 2003 통상법률 Vol.- No.53

Korean fisheries industry has played a leading role as export-led industry in 1960~1980. However, after the mid 1980s, the production situation of Korean fisheries industry has been deteriorated due to marine pollution and environmental degradation. The external environment of fisheries industry has also been changed by the effectuation of UNCLOS, UR negotiation, liberalization of seafood market, early voluntary liberalization of seafood in APEC, Korea-Japan Fisheries Negotiation and Korea-China Fisheries Negotiation. In the meantime, Korean fisheries related institutions have copied and imitated Japanese system from the start. Therefore, Korean fisheries institutions have bred many problems from their introduction, which have not been matched to fisheries environment and socio-economic situation. Under this circumstances, Korean fisheries industry needs institutional reform. Korean goverment made efforts in revision and establishment of various fisheries laws and regulations. Korean fisheries laws, however, have become very sophiscated and complicated, because they were made without thorough research. Owing to unsystematic fisheries laws, Korean fisheries industry could not respond to new international fisheries order. Systematic and complete improvement works are needed in fisheries laws to repond to new international fisheries order and to develop fisheries industry. This paper aims to review the fisheries laws of Korea considering the above factors and to introduce their improving methods. Chapter 1 states the objective and scope of this research. Chapter 2 examines NIFO (New International Fisheries Order), changing international situations of fisheries industry including UNCLOS, WTO, international fisheries negotiations, responsible fishery of FAO, agreement for fish protection in the high seas in 1995, and discussion about safety of seafood. Chapter 3 tackles fishery policy and laws considering new international fisheries order. Chapter 4 points out the problems of Korean fisheries laws and proposes the methods for improvement. Finally, chapeter 5 draws conclusions. The paper emphasizes on the establishment of Fisheries Basic Law, which could drive fisheries policy comprehensively and systematically. Fisheries Basic Law should be a model law covering new international fisheries order. The established fisheries law needs to be changed to a pure fishing related law. The regulation of TAC are also requires to be reestablished as a single law.

우리나라 항만기업의 해외진출에 관한 일고찰 - 중국 단둥(丹東)항 개발을 중심으로 -

김성국(SungKuk Kim),박명섭(MyongSop Park) 한국해양비즈니스학회 2003 해양비즈니스 Vol.- No.2

The participation of the private sector in port management and operation has become the norm rather than the exception. Port privatization programmes have been undertaken throughout the world. In particular, port industry became internationalized in terms of construction and management. As port industry and business became more sophisticated. the need to develop overseas port emerges gradually in Korea, which makes every efforts to be the international logistics hub in Northeast Asia. Port studies, therefore, needs to deal with foreign direct investment of port company. The paper analyzes the location choice of foreign port development in order to secure logistics hub. Considering the economic dynamics of Northeast Asia and the future unification of Korea, it also tackles the development possibility of Dandong port, which may be selected as foreign port for Korea's FDI. It concludes that Dandong port, which is close to SinEuiJu in North Korea, could playa role as a logistics driving base.