自由貿易協定과 紛爭解決을 위한 法的課題 -美國의 自由貿易協定과 반덤핑法을 中心으로-
The Legal Issues of Free Trade Agreement and Dispute Resolution -Focused on the U.S. Antidumping Duties and Free Trade Agreement-
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
It seems that many social sciences are likely to sail toward Globalization, and Free Trade Agreement is hot issue in the economy, policy, and law. Recently, Korea and Unites States came to an agreement of KORUS FTA. This convention will affect and change a lot of policies and laws which should be revised because of FTA. In the view of Korea and U.S. trade history, these states' trade frictions have diminished over the last decade and a half as political leaders have been forced to give higher priority to foreign policy and national security concerns, and South Korea and U.S. have increasingly used the multilateral dispute settlement mechanism of the World Trade Organization (WTO) and other formation to address bilateral trade problems. In addition, South Korea has introduced a number of reforms to open its economy to foreign competition and investment that have addressed some of the U.S. complaints. Yet, even though tensions have diminished, a number of long-standing, deep-seated differences in trade and investment relations have remained below the surface. After the yeard of intense trade liberalization we are in a time of tension, pulled toward free trade on one side and protection on the other. Now, we are faced with liberalization of free trade and international economy. In this article, I review U.S. Free Trade Agreement for future tactics of dispute resolution and the conflicts of process between WTO and NAFTA. The goal of this article is to provide legal scholars and lawyers with the reference legal research of FTA.
Abstract
It seems that many social sciences are likely to sail toward Globalization, and Free Trade Agreement is hot issue in the economy, policy, and law. Recently, Korea and Unites States came to an agreement of KORUS FTA. This convention will affect and change a lot of policies and laws which should be revised because of FTA. In the view of Korea and U.S. trade history, these states' trade frictions have diminished over the last decade and a half as political leaders have been forced to give higher priority to foreign policy and national security concerns, and South Korea and U.S. have increasingly used the multilateral dispute settlement mechanism of the World Trade Organization (WTO) and other formation to address bilateral trade problems. In addition, South Korea has introduced a number of reforms to open its economy to foreign competition and investment that have addressed some of the U.S. complaints. Yet, even though tensions have diminished, a number of long-standing, deep-seated differences in trade and investment relations have remained below the surface. After the yeard of intense trade liberalization we are in a time of tension, pulled toward free trade on one side and protection on the other. Now, we are faced with liberalization of free trade and international economy. In this article, I review U.S. Free Trade Agreement for future tactics of dispute resolution and the conflicts of process between WTO and NAFTA. The goal of this article is to provide legal scholars and lawyers with the reference legal research of FTA.
참고문헌 (13)
- "The Proposed South Korea-U.S. Free Trade Agreement(Korus FTA)", 1
- OECD, "Economic Survey-Korea 2004" (2004)
- Barfield Claude, "U.S.-South Korea FTA: A Tipping Point, The Policy Monitor"
- William Primosch, "Testimony of Senior Director, International Business Policy, National Association of Manufacturers on the Proposed United States-Korea Free Trade Agreement for the Trade Policy Staff Committee", Office of the U.S. Trade Representative
- Alice Vacheck-Arnada, "Sugar Wars: Dispute Settlement Under NAFTA and the WTO as Seen Through the Lens of the HSFCS Case and Its Effects on U.S.-Mexican Relations", pp.122~124 (2006)
- Terence P. Stewart, "Opportunities in the WTO for Increased Trade Liberalization of Goods: Making Sure the Rules Work for all and that Special Needs are Addressed" (2000)
- Frederick M. Abbott, "The North American Integration Regime and its Implication for the World Trading System", pp.170~ (2000)
- Raj Bhala, "International Trade Law: Theory and Practice", 829(20) (2000)
- Michael C. Hathaway, "Antidumping, Countervailing Duties and Trade Remedies: Let′s make a Deal?:Presentation and Summary" (2003)
- Charles M. Gastle, "The Need for an Antidumping Market Structure Test in the Context of Free Trade Agreements" (2000)
- Richard O. Cunningham, "The Management and Resolution of Cross Border Disputes as Canada", U.S., 2000, ~
- Terence P. Stewart, "U.S. - Japan Economic Disputes: The Role of Antidumping and Countervailing Duty Laws" (1999)
- Myles S. Getlan, "The Globalization of International Trade Litigation: AD", CVD Litigation - Which Forum and Which Law, 2001, ~