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      Safeguard measures in RTAs and proposals for the KCJ FTA

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      https://www.riss.kr/link?id=A104914017

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      다국어 초록 (Multilingual Abstract)

      The surge in RTAs has continued unabated until now. RTAs are successful because they provide the parties of the agreement with the ability to limit potentially injurious trade between them. They do this through the application of safeguard regulations. With regard to the relationship between the WTO and RTAs in terms of safeguards applications, one of the intriguing issues would be whether safeguard measures are part of the general elimination of ‘restrictive regulations of commerce’ between partners of the agreement under Articles XXIV of GATT. In other words, the issue is whether safeguard measures may or may not be imposed upon partners of RTAs under the WTO.
      With respect to safeguard measures, many RTAs have gone beyond the WTO framework, either by eliminating the possibility of using these measures, or by strengthening WTO rules to minimise the opportunity of using them in a protectionist manner. Safeguard regulations in RTAs are usually divided in rules regarding the application of bilateral or regional safeguard measures and those that regulate the application of global safeguard actions.
      Northeast Asia has been drawing increasing attention from the international community because of the region’s dynamic economic power and strategic value. The three countries of the region are now considering the KCJ(Korea-China-Japan) FTA. Although there may be several obstacles, the prospects of this FTA are bright.
      Bilateral safeguards can be regulated in more detailed articles of the KCJ FTA. Global safeguard measures may also be allowed in the FTA, just reaffirming the WTO rules. Although many RTAs in the Northeast Asian region do not regulate this, there are some possibilities for the KCJ FTA to provide regional safeguard measures in their free trade area. However, it will be difficult to imagine producing the special treatment rule for small/developing economy countries.
      Regarding the issue of requirements for safeguards, the KCJ FTA may allow that it does not require 'unforeseen development' to take the action. Many RTAs in the Northeast Asian region are in this position and the three countries will prefer protecting their domestic industry. In contrast, the KCJ FTA must require that imports should be a substantial cause of injury for the safeguard action. It is because the Parties will require a more substantial concept linking imports and injury to avoid disputes among the Parties. Conclusively, the standard of requirement for safeguard measures in the KCJ FTA can be such that the imports substantially cause serious injury or threat thereof to the domestic industry producing a like or directly competitive product.
      The forms of safeguard measures in the KCJ FTA may include suspension of the further reduction of customs duty under the FTA schedule. Furthermore, it may allow for the rate of customs duty to be increased with specific limitations such as the WTO MFN principle. The duration of the safeguard measure in the KCJ FTA must be as long as necessary to prevent or remedy injury with specific period limitations. One year or two years with the same possible period of extension can be considered to be those specific period limitations.
      The KCJ FTA will provide the consultation and the compensation processes. Many RTAs have rules on the compensation issues. Most RTAs allow the exporting party to apply compensation or practise specific retaliation immediately after the safeguard measure is applied by the importing Party. Regarding the consultation and compensation procedure, the KCJ FTA shall permit various methods. Basically, the importing country proposing to apply a safeguard measure must provide trade liberalizing compensation in other areas with the agreement of the exporting country as a first step. If they cannot reach agreement, the exporting country of the KCJ FTA must have the right to suspend other concessions by retaliation. Finally, the KCJ FTA may also consider providing articles preventin...
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      The surge in RTAs has continued unabated until now. RTAs are successful because they provide the parties of the agreement with the ability to limit potentially injurious trade between them. They do this through the application of safeguard regulations...

      The surge in RTAs has continued unabated until now. RTAs are successful because they provide the parties of the agreement with the ability to limit potentially injurious trade between them. They do this through the application of safeguard regulations. With regard to the relationship between the WTO and RTAs in terms of safeguards applications, one of the intriguing issues would be whether safeguard measures are part of the general elimination of ‘restrictive regulations of commerce’ between partners of the agreement under Articles XXIV of GATT. In other words, the issue is whether safeguard measures may or may not be imposed upon partners of RTAs under the WTO.
      With respect to safeguard measures, many RTAs have gone beyond the WTO framework, either by eliminating the possibility of using these measures, or by strengthening WTO rules to minimise the opportunity of using them in a protectionist manner. Safeguard regulations in RTAs are usually divided in rules regarding the application of bilateral or regional safeguard measures and those that regulate the application of global safeguard actions.
      Northeast Asia has been drawing increasing attention from the international community because of the region’s dynamic economic power and strategic value. The three countries of the region are now considering the KCJ(Korea-China-Japan) FTA. Although there may be several obstacles, the prospects of this FTA are bright.
      Bilateral safeguards can be regulated in more detailed articles of the KCJ FTA. Global safeguard measures may also be allowed in the FTA, just reaffirming the WTO rules. Although many RTAs in the Northeast Asian region do not regulate this, there are some possibilities for the KCJ FTA to provide regional safeguard measures in their free trade area. However, it will be difficult to imagine producing the special treatment rule for small/developing economy countries.
      Regarding the issue of requirements for safeguards, the KCJ FTA may allow that it does not require 'unforeseen development' to take the action. Many RTAs in the Northeast Asian region are in this position and the three countries will prefer protecting their domestic industry. In contrast, the KCJ FTA must require that imports should be a substantial cause of injury for the safeguard action. It is because the Parties will require a more substantial concept linking imports and injury to avoid disputes among the Parties. Conclusively, the standard of requirement for safeguard measures in the KCJ FTA can be such that the imports substantially cause serious injury or threat thereof to the domestic industry producing a like or directly competitive product.
      The forms of safeguard measures in the KCJ FTA may include suspension of the further reduction of customs duty under the FTA schedule. Furthermore, it may allow for the rate of customs duty to be increased with specific limitations such as the WTO MFN principle. The duration of the safeguard measure in the KCJ FTA must be as long as necessary to prevent or remedy injury with specific period limitations. One year or two years with the same possible period of extension can be considered to be those specific period limitations.
      The KCJ FTA will provide the consultation and the compensation processes. Many RTAs have rules on the compensation issues. Most RTAs allow the exporting party to apply compensation or practise specific retaliation immediately after the safeguard measure is applied by the importing Party. Regarding the consultation and compensation procedure, the KCJ FTA shall permit various methods. Basically, the importing country proposing to apply a safeguard measure must provide trade liberalizing compensation in other areas with the agreement of the exporting country as a first step. If they cannot reach agreement, the exporting country of the KCJ FTA must have the right to suspend other concessions by retaliation. Finally, the KCJ FTA may also consider providing articles preventin...

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      참고문헌 (Reference)

      1 "http://www.wto.org/english/tratop_e/safeg_e/safeint.htm"

      2 "http://www.wto.org/english/tratop_e/safeg_e/safeg_info_e.htm#definitive"

      3 "http://www.wto.org/english/news_e/news07_e/safeg_nov07_e.htm"

      4 "WTO Appellate Body Report, US?Definitive Safeguard Measures on Imports of Wheat Gluten from the EC" 2000

      5 "WTO Appellate Body Report, US-Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia" 2001

      6 "WTO Appellate Body Report" Argentina-Safeguard Measures on Imports of Footwear 1999

      7 Bongchul Kim, "Understanding Free Trade Agreement" Intel Education Publishing 2004

      8 WTO Appellate Body Report, "US-Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe from Korea" 2002

      9 "Trilateral Joint Research of China, Korea and Japan, Joint Report and Policy Recommendations concerning A Free Trade Agreement among China, Korea and Japan, Development Research Center(China)/National Institute for Research Advancement(Japan)/Korea Institute for International Economic Policy(Korea)" 2006

      10 Bong Chul Kim, "Trade Remedy Rules in Regional Trade Agreements" Korean Ministry of Commerce, Industry and Energy 22) : 2006

      1 "http://www.wto.org/english/tratop_e/safeg_e/safeint.htm"

      2 "http://www.wto.org/english/tratop_e/safeg_e/safeg_info_e.htm#definitive"

      3 "http://www.wto.org/english/news_e/news07_e/safeg_nov07_e.htm"

      4 "WTO Appellate Body Report, US?Definitive Safeguard Measures on Imports of Wheat Gluten from the EC" 2000

      5 "WTO Appellate Body Report, US-Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia" 2001

      6 "WTO Appellate Body Report" Argentina-Safeguard Measures on Imports of Footwear 1999

      7 Bongchul Kim, "Understanding Free Trade Agreement" Intel Education Publishing 2004

      8 WTO Appellate Body Report, "US-Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe from Korea" 2002

      9 "Trilateral Joint Research of China, Korea and Japan, Joint Report and Policy Recommendations concerning A Free Trade Agreement among China, Korea and Japan, Development Research Center(China)/National Institute for Research Advancement(Japan)/Korea Institute for International Economic Policy(Korea)" 2006

      10 Bong Chul Kim, "Trade Remedy Rules in Regional Trade Agreements" Korean Ministry of Commerce, Industry and Energy 22) : 2006

      11 Bong-Chul Kim, "Trade Remedy Regulations in Korea’s FTAs and Effects on the Korea-EU FTA" Korean Ministry of Commerce, Industry and Energy 28) : 2007

      12 Robert The, "Trade Remedy Provisions in Regional Trade Agreements, Staff Working Paper, ERSD-2007-03, Economic Research and Statistics Division, WTO" 2007

      13 Kim, Dong-Hoon, "The legal Issues on the Korea-EU FTA" Korea Legislation Research Institute, 2007

      14 Mitsuo Matsushita, "The World Trade Organization?Law, Practice, and Policy (2nd Edition)" Oxford University Press

      15 Kim, Dong-Hoon, "The Regional Trade Agreements of China, Korea and Japan" Law Research Institute, Hankuk University of Foreign Studies 28) : 2007

      16 Joost Pauwelyn, "The Puzzle of WTO Safeguards and Regional Trade Agreements" Oxford University 7 (7): 2004

      17 James R. Holbein, "The EU-Mexico Free Trade Agreement" Transnational Publishers

      18 Jo-Ann Crawford, "The Changing Landscape of Regional Trade Agreements" Discussion paper of WTO 2005

      19 Lu Guang, "Study on the Application of the Safeguard Rules on the RTAs-concentrating on the bilateral and multilateral safeguard measures" Korean Ministry of Commerce, Industry and Energy 25 : 2007

      20 Kaye Scholer LLP, "Safeguards and AD/CVD Regulations in Free Trade Agreements-FTA Negotiation Workbook" Korea Trade Commission of Ministry of Commerce Industry and Energy 2002

      21 Jeong-Pyo Hong, "Regional Integration in Northeast Asia: Approaches to Integration Among China, Korea and Japan" Korea Institute for International Economic Policy 2004

      22 Nozomi Sagara, "Provisions for Trade Remedy Measures (Anti-dumping, Countervailing and Safeguard Measures) in Preferential Trade Agreements" 2002

      23 Fukunari Kimura, "Obstacles and Variables of Northeast Asian FTA(s): Economic Obstacles" The KIEP-NAEAK International Conference Prospects for Regional FTA(s) in Northeast Asia 2006

      24 Dukgeun Ahn, "Foe or Friend of GATT Article XXIV: Diversity in Trade Remedy Rules" Oxford University 11 (11): 2008

      25 Bongchul Kim, "FTA-The Legal Points" Korea Corporate Legal Affairs Association 2007

      26 Michael Hart, "Dumping and Free Trade Areas" Harvester Wheatsheaf 1990

      27 Kim, Dong-Hoon, "A Study on FTAs of BRICs Countries (4)-A Legal Analysis of China’s FTAs" Korea Legislation Research Institute 2007

      28 Kim, Dong-Hoon, "A Study on FTAs of BRICs Countries (3)-A Legal Analysis of India’s FTAs" Korea Legislation Research Institute 2007

      29 Kim, Dong-Hoon, "A Study on FTAs of BRICs Countries (1)-A Legal Analysis of Brazil’s FTAs" Korea Legislation Research Institute 2007

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      학술지 이력
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      기준연도 WOS-KCI 통합IF(2년) KCIF(2년) KCIF(3년)
      2016 0.02 0.02 0.05
      KCIF(4년) KCIF(5년) 중심성지수(3년) 즉시성지수
      0.05 0.04 0.222 0.09
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