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Lee, Eun Sup;Sun, Yannan 법무부 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. 1990년대 이후 개발 도상국뿐만 아니라 선진국에서도 철강 등 주요산업부문의 국가 또는 공영기업의 민영화가 적극적으로 추진되면서, 미국의 민영화 된 기업으로부터의 수입 물품에 대하여 부과하는 상계관세에 대하여 국제적인 우려가 점증되어 왔다. 사회주의 경제체제로부터 자본주의의 체제로 변경 되는 과정에서 이루어진 특수한 민영화를 제외하면 대부분의 선진국에서 이루어진 공영기업들은 시장가치에 따라 민영화가 이루어져 왔다. 그럼에도 불구하고 미국의 상무 부는 민영화된 기업으로부터 수입한 물품에 대해서 상계관세를 부과하여 왔다. 이러한 미국의 상계관세부과는 WTO보조금과 상계조치 협정을 위반한 것으로 상소기구는 결정을 내린 바 있다. WTO 협정하에서 민영화된 물품에 상계관세를 합법적으로 부과하기 위하여 미국은 국내 상계조치 관련법을 개정하였으며 여러 가지의 효과적인 접근 방법을 모색하여 왔으나 시장원리에 따라 민영화 된 기업으로부터의 수입에 대하여 여전히 상계관세를 부과하여 오고 있다. 이런 미국의 상계조치는 미국이 추구하는 대외통상 정책과 상충될 뿐만 아니라 무역 자유화와 시장 개방을 추구하고자 하는 WTO체제의 노력을 방해할 것이다. 미국은 앞으로 미국 통상정책 및 통상법의 취지와 WTO 협정상의 기본 정신에 부합하는 상계조치 관련법과 시행 절차를 마련해야 할 것이다.
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Seismic Behavior of Assembly Joint with CFST Column and H-shaped Steel Beam
Xiushu Qu,Yannan Xie,Guojun Sun,Qingwen Liu,Hui Wang 대한토목학회 2023 KSCE JOURNAL OF CIVIL ENGINEERING Vol.27 No.2
Existing concrete-filled steel tubular (CFST) structures are mostly based on cast-in-situ concrete construction technology. The beam-column joint emphasizes the horizontal connection, while the vertical connection of columns is mostly based on a steel tube connection instead of a precast CFST column connection; this is detrimental to the control of the concrete pouring quality and the full assembly of the structure. Thus, the investigation of an assembly joint that enables the full connection between the beam and CFST column is the key to the improvement of the construction quality and the promotion of the development of the assembled structure. This work proposes an assembly joint between an H-shaped steel beam and a CFST column, and the seismic behavior of the joint was investigated by low-cycle loading experiment. The finite element model of the joint was then established by the numerical analysis method. After verifying the rationality of the finite element model, the influences of both the endplate thickness and the bolt diameter on the energy dissipation performance of the joint were investigated via parametric analysis. The results reveal that with the increase of the endplate thickness and the bolt diameter within a certain range, both the bearing capacity and energy dissipation capacity of the joint will be improved. Moreover, the cooperative bearing mechanism of the column connector and concrete can be fully exerted. Thus, these conclusions indicate the feasibility of the use of the proposed assembly joint in practical engineering applications. Finally, the mechanical mechanism of the assembly joint was studied, and the calculation formula of the joint bending capacity was proposed.
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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.
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