WTO 반덤핑協定의 改定方案과 協商戰略 探究

Abstract

Illustrative items raised by antidumping Friends Group seem to be sufficient enough for considering issues for review in trade negotiations. However, if we admit that there are some divergent interests among different Members, it is desirable to pick up priority issues to be revisited for clarification. For this reason, two basic approaches deserve attention. Firstly, in order for the Friends Group to implement an optimal strategy, alliances with key swing votes, i.e., European Union and India could be important. Issues such as mandatory less duty rule, articulation of the concepts, procedures and methodologies in reviews, consideration of public interest, rules governing all others' rate can be good bottom-line for further negotiation. Secondly, as “agreed to negotiations aimed at clarifying and improving disciplines...” at the Doha WTO Ministriel Conference, there is an obvious need for improvement and clarification in a number of areas: 'reasonable period of time' and 'ordinary course of trade' (Art. 2.2.1); profit calculation hierarchy among (ⅰ), (ⅱ), (ⅲ) in Art. 2.2.1; meaning guidance in injury determination (Art. 3.4); definition of domestic industry and standing criteria (Art. 5.4).