서비스무역의 세이프가드 제도의 타당성 검토 = Review on Validity of Safeguard Mechanism for Services

다국어 초록 (Multilingual Abstract)

Trade in Services was included in multilateral trading system, WTO, as a result of Uruguay Round. Services are the highly sensitive fields in that it is intimate to state`s economy, financial and exchange and so on. Therefore several issues regarding to services was remained unsolved at the time that Uruguay Round negotiations was finished. WTO Agreements recognize those issues are very important and should be solved as soon as possible. Safeguard is one of those issues to be continued to be negotiated since WTO Agreements put in force. Service Safeguard has been under negotiations as a agenda of Doha Development Agenda, the 9th round of multilateral trade negotiations. Most developing countries are n for including the service safeguard system within General Agreement on Trade in Services(GATS). And they has actively proposed various directions that services safeguard should be at and dealt with possible legal issues. On the other hand most developed countries are not sure that the desireability and feasibility of safeguard regime for services. Nonetheless they also have submitted several proposals concerning the safeguard regime for services. The essence of the safeguard regime is to protect domestic against urgent surge of imports as a result of trade concessions. The desireability and feasibility of the safeguard regime for services should be considered based on this point. The result of negotiations in Doha round would affect laws, regulations, and administrative procedures in members of WTO. Also GATS provides the absence or elimination of substantially all discrimination within the parties of Economic Integration Agreement, namely Regional Trade Agreement(RTA). And safeguard based on discrimination, as GATS Ⅹ:1 provides, is possible to be considered as a discriminatory measure among constituents of RTA. So we should follow up the process of negotiations in Doha round and keep to study possible legal problems about service safeguard.

참고문헌 (Reference)

1 외교통상부, "한－미 FTA 설명자료" 외교통상부

2 John Howard Jackson, "World Trading system" MIT Press 1997

3 Alan O. Sykes, "The WTO Agreement on Safeguards: A Commentary" 2006

4 WTO Council for Trade in Services, "Special Session, Report of the Meeting Held on 9 October 2009, Note by the Secretariat, TN/S/M/32 (6 November, 2009)"

5 WTO Council for Trade in Services, "Special Session, Report of the Meeting Held on 4 and 10 JULY and 3 september 2003, Note by the Secretariat, TN/S/M/8 (29 September, 2003)"

6 WTO Council for Trade in Services, "Special Session, Report of the Meeting Held on 31 october, 3 and 24 november 2005, Note by the Secretariat, TN/S/M/17 (30 January, 2006)" 2006

7 Young-Shik Lee, "Safeguard Measures in World Trade, 2nd edition" Kluwer Law International BV 2007

8 "Note from the Chairperson, Job No. 3102 (3 June, 1997)"

9 WTO Working Party on GATS Rules, "Negotiations on Emergencyn Safeguard Measures, Report by the Chairperson of the Working Party on GATS Rules, S/WPGR/9(14 March, 2003)"

10 Andreas F. Lowenfeld, "International Economic Law, 2nd edition" 2008

11 WTO Working Party on GATS Rules, "Communication from the United States, Emergency Sagfeguards, S/WPGR/W/17 (13 March 1997)"

12 WTO Working Party on GATS Rules, "Communication from the United States, Desirability of a Safeguard Mechanism for Services: Promoting Liberalization of Trade in Services, S/WPGR/W/37 (2 October, 2001)"

13 WTO Working Party on GATS Rules, "Communication from the European Communities and Their Member States, Scope for Emergency Safeguard Measures (ESM) in the GATS, S/WPGR/W/41 (3 March, 2003)"

14 WTO Working Party on GATS Rules, "Communication from Poland, Emergency Safeguards Mechanism contained in Article 18 Act of 18December1998 on Foreign Exchange Law, S/WPGR/W/34(3 July 2000)"

15 WTO Working Party on GATS Rules, "Communication from Poland, Emergency Safeguards Mechanism contained in Article 18 Act of 18December1998 on Foreign Exchange Law, S/WPGR/W/34(3 July 2000)"

16 WTO Working Party on GATS Rules, "Communication from ASEAN, Concept Paper: Elements of a Possible Agreed Draft of Rules on Emergency Safeguard Measures for Trade in Services (GATS Article X), S/WPGR/W/30 (14 March, 2000)"

17 Ministerial Declaration, "Adopted on 14 November 2001, WT/MIN(01)/DEC/1 (20 November, 2001)"

18 WTO Working Party Rules, "Activities of the Working Party Rules, Report to the Council for Trade in Services, S/WPGR/1 (23 October, 1996)"