WTO 출범 후 미국의 통상법 301 조 운영 = Section 301 of the U.S. Trade Law under the WTO System

다국어 초록 (Multilingual Abstract)

There had been some exprectation that the unilateral trade measures by USTR might lose its potency when the World Trade Organization would launch with strong jurisdiction over all the trade disputes among member countries. In reality, however, U. S. still utilizes the unilateral measures, against its major trading partners, such as the Section 301 of the Trade Act of 1974, as amended, and its derivatives even under the WTO system. In this paper, we review the implications of the section 301 from the historical perspectives of the U. S. trade policy. And we evaluate its consistency with the dispute settlement procedure of the WTO. Also we endeavour to analyze the 301 cases initiated during the WTO era since 1995, compared to those during the pre-WTO system. We have identified some tendencies since 1995. More cases are initiated by USTR itself rather than through petitions from interested parties. For most 301 cases, USTR tends to have recourse to the WTO procedure after initiating its investigation procedure. And incresing number of cases are for adequate protection for intellectual proprty rights which has just introduced as a part of WTO agreements. Although USTR has actively utilized the regular 301 provisions, it has hardly apply Super 301 nor Special 301 provisions which are to correct foreign countries` unfair practices comprehensively by identifing priority foreign countries practies and negotiating with the foreign countries. And Super 301 is not likely to sustain its legal efficacy beyond this Administration which revitalized and prolonged it through Executive Orders.