영문초록
The Doha New Round of WTO negotiations has adopted as its agenda not only trade liberalization but also such an ambitious issue as clarifying and improving WTO rules. This means that the WTO system is now passing through ``take off`` stage and enters into the next stage of ``drive to maturity``, in which predictability, judicialization, and horizontal balance(parallelism) among its rules are empathized. At this juncture, Korea as a major state interested in the anti dumping rules must perform a systemic review of the rules and garner supports from like minded countries. In doing this, Korea has to play careful attention to ``systemic issues`` for which focus is to be given on proper balance and relationship between anti dumping rules and the rest of the WTO jurisprudence. Thus, it is necessary to identify systemic problems of the existing anti dumping rules and to produce directions of their amendment. The followings are the summary: First, it should be noted that the standards of de minimis margin and neglicgble imports in anti dumping rules are not in line with comparable standards of countervailing rules. Given that both sets of rules are sharing a common function of dealing with unfair trade, the same or parallel standards must be adopted in both rules. Second, the Anti dumping Agreement provides a unique standard of review which is vastly different from the general standard of review. It needs to be examined whether this anti dumping standard should be abrogated or, at least, be changed to another form which is more acceptable from the systemic perspective. Third, in order to prevent the ``chain complaint`` phenomenon, the Anti dumping Agreement must provide that re initiation of theanti dumping investigation is prohibited during a certain time period after the conclusion of a prior investigation procedure. In this light, comparable provisions in the Safeguard Agreement must be referred to. Fourth, it is widely known that one and half year period of WTO dispute settlement procedure costs large expense to enterprises subject to anti dumping regulations. Thus, anti dumping rules should establish the ``fast track`` dispute settlement procedure in parallel with the actionable subsidy rules. Fifth, the ``like product`` concept in the anti dumping context must be clarified so as not to include ``potential or future competition`` factor in the concept. Sixth, mutual exemption of anti dumping duty imposition between parties to a regional trade agreement is permitted under interpretation of current rules. It could be considered to clarify this understanding through adding a relevant provision to the Anti dumping Agreement. Seventh, it may be considered to introduce a new anti dumping system based on the ``traffic lights theory``, according to which anti dumping investigations are limited to cases where export prices are lower than average total production cost, but higher than average variable production cost, of the enterprise subject to the investigation.
추천자료
[SOFA] 주한미군지위협정(한미행정협정, SOFA)의 연혁과 구성, 주한미군지위협정(한미행정협정, SOFA)의 재개정필요성, 주한미군지위협정(한미행정협정, SOFA)의 문제점, 주한미군지위협정(한미행정협정, SOFA) 재개정 방향
[SOFA] 주한미군지위협정(한미행정협정, SOFA)의 불평등성, 주한미군지위협정(한미행정협정, SOFA)개정필요성, 주한미군지위협정(한미행정협정, SOFA)의 문제점, 주한미군지위협정(한미행정협정, SOFA)의 개정 방향(사례)
WTO반덤핑 협정의 개요 및 사례
국민연금법의 문제점 및 개정방향
아동복지법 문제점 및 개정방향
[비정규직] 비정규직의 추이, 실태, 문제점과 법 개정안 및 향후 정책 방향 분석(비정규직 근로자 피해 사례)
[사회복지법제론] 국민기초생활보장법의 내용 문제점 및 개정방향
국민기초생활보장법의 내용 문제점 및 개정방향...
[개인정보침해] 개인정보침해에 따른 개인정보보호의 개념, 필요성, 중요성과 개인정보보호의 문제점 및 향후 개인정보보호정책의 개정 방향(개인정보보호 사례 중심)
[영유아보육정책] 영유아보육프로그램(프로젝트접근법, 포테이지프로그램)과 영유아보육(영유아보육정책)의 현황, 문제점 및 향후 개선방안과 정책방향 제언(외국의 영유아보육정책 사례)
분야
2b600360.pdf [무료 PDF 뷰어 다운로드]
