대구머리 紛爭 關聯 WTO 規定 및 判例 硏究

Abstract

A dispute may be defined as a specific disagreement concerning a matter of fact, law or policy in which a claim or assertion of one party is met with refusal, counter-claim or denial by another. The development of special arrangements to deal with disputes invoking international trade began more than fifty years ago. The original GATT treaty of 1947 dealt only briefly with dispute settlement in Articles 22 and 23. However, the GATT dispute settlement system had a number of weaknesses since both setting up a panel and the adoption of its report required consensus in the GATT Council. To deal with these deficiencies, a number of major innovations have been introduced, and the vital issue of the dispute settlement is addressed in a new Dispute Settlement Understanding(DSU), one of the cornerstones of the 1994 Marrakesh Agreement Establishing the WTO. The adoption of the DSU brought about a legal revolution. Unlike the GATT moving from one step to the next in the progress no longer requires the consensus of all WTO members. The DSU transformed the GATT's positive-consensus rule into a negative one. The time is ripe for a review of the WTO dispute settlement system, cases and rules related to Cod heads disputes. Since limitations of space preclude examining the all WTO agreements and fishery cases in detail, this paper focuses on the relevant WTO fishery cases and agreements and outlines the dispute settlement system of the WTO. Parts Ⅱ and Ⅲ of this paper summarize the relevant WTO rules and dispute settlement procedures. The last part of this paper ends on suggestions for dealing with Cod heads disputes.