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Preventing Disputes under Free Trade Agreements with Advance Ruling System

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This article aims to explore ways to prevent disputes arising from ‘Origin Procedure’ under FTAs through 'advance ruling system'. To achieve the aims of this article, this paper examines advance ruling systems operated by Korea and the United States to implement the Korea-US FTA, and analyzes whether the systems are realizing the original purpose of preventing disputes in terms of legal certainty and accessibility. The results show that the advance ruling system for origin in Korea has the same high level of laws and institutions as that of the United States. However, it is necessary to further provide institutional support for staffs that operate the system, so that expertise knowledge can be consolidated and accumulated. Also the accessibility of the system requires improvements.

Abstract

This article aims to explore ways to prevent disputes arising from ‘Origin Procedure’ under FTAs through 'advance ruling system'. To achieve the aims of this article, this paper examines advance ruling systems operated by Korea and the United States to implement the Korea-US FTA, and analyzes whether the systems are realizing the original purpose of preventing disputes in terms of legal certainty and accessibility. The results show that the advance ruling system for origin in Korea has the same high level of laws and institutions as that of the United States. However, it is necessary to further provide institutional support for staffs that operate the system, so that expertise knowledge can be consolidated and accumulated. Also the accessibility of the system requires improvements.

참고문헌 (19)

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  3. Chen, S. -C., "In the Name of Legal Certainty? Comparison of Advance Ruling for Tariff Classification Systems in the European Union, China and Taiwan", World Customs Journal, 10(2), pp.47~64 (2016)[DOI]
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  12. FTA체결 상대국 품목분류 ( HS ) 사전심사제도 운영 현황, "Ministry of Trade, Industry, and E", ~ (2014)
  13. "Protocol Between the Government of The Republic of Korea And the Government of United States of America Amending the Free Trade Agreement between the Republic of Korea and the United States of America" (2018)[URL]
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  18. 이지수, "A Study on the Dispute Settlement Procedure for the Preferential Rules of Origin", 중재연구, 26(3), pp.3~26 (2016), 한국중재학회[DOI]

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