Trade and Environment : Focusing on the DDA Fisheires Subsidies Negotiations
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Recognizing the increasing linkage and possible conflict between trade and environment, we analyze the trade and environment issues, focusing on the DDA fisheries subsidies negotiations, with a view to raising issues to be explored further. After reviewing development of the trade and environment issues at the GATT/WTO, we analyze the draft fisheries subsidies rules which was circulated in November 2007. In particular, we analyze the provisions on prohibited fisheries subsidies, general exceptions, special and differential treatment and dispute settlement. The issues raised include the possible inconsistency between disciplines on subsidies for port infrastructure and those for general infrastructure, the scope of activities eligible for the permissible subsidies for improving vessels, a need to introduce criteria on determining a Member’s status as a developing country, and special and differential treatment concerning burden of proof.
Abstract
Recognizing the increasing linkage and possible conflict between trade and environment, we analyze the trade and environment issues, focusing on the DDA fisheries subsidies negotiations, with a view to raising issues to be explored further. After reviewing development of the trade and environment issues at the GATT/WTO, we analyze the draft fisheries subsidies rules which was circulated in November 2007. In particular, we analyze the provisions on prohibited fisheries subsidies, general exceptions, special and differential treatment and dispute settlement. The issues raised include the possible inconsistency between disciplines on subsidies for port infrastructure and those for general infrastructure, the scope of activities eligible for the permissible subsidies for improving vessels, a need to introduce criteria on determining a Member’s status as a developing country, and special and differential treatment concerning burden of proof.
참고문헌 (16)
- Barton, John H., "Sterinberg, The Evolution of the Trade Regime" (2006), Princeton University Press
- Bossche, Peter Van den, "The Law and Policy of the World Trade Organization: Text, Cases and Materials" (2005), Cambridge University Press
- Chun, Chong Ghi, "A Study on the Trade Regulation Measure to Protect Environment under WTO", International Trade Law, (73), pp.40~72 (2007)
- Jackson, John H., "Legal Problems of International Economic Relations: Cases, Materials and Text" (2002), West Group
- Matsushita, Mitsuo, "World Trade Organization: Law, Practice, and Policy" (2003), Oxford University Press
- Palmeter, David, "Dispute Settlement in the World Trade Organization: Practice and Procedure" (2004), Cambridge University Press
- Sohn, Kiyoun, "Environment and Trade-Restricting Measures: Eco-Countervailing Duties,” Green Samsung, Samsung Global Environment Institute, 1994", ~ (1994)
- Sohn, Kiyoun, "Non-Tariff Barriers: Subsidies and the Behind-the-Border Measures", a paper presented at an OECD Workshop in Paris during September, pp.27~28 (1999)
- Sohn, Kiyoun, "Analysis of WTO Subsidies Agreement: Harmonization with Domestic Policies", International Trade Law, (38), pp.10~36 (2001)
- Sohn, Kiyoun, "DDA Rules Negotiations: Issues and Korea’s Negotiating Strategies", International Trade Law, (62), pp.98~139 (2005)
- Trebilcock, Michael J., "The Regulation of International Trade" (2005), Routledge
- WTO, "Trade and Environment" (1999)
- "WTO, The WTO Dispute Settlement Procedures(2nd ed), 2001", ~ (2001)
- "WTO, Trade & Environment at the WTO, 2004", ~ (2004)
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