Research on Regional Trade Agreement Exceptions Under the World Trade Organization Law
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This study aims to examine the efforts to prevent the trade diversion effect contained in the exceptions to regional trade agreements under the World Trade Organization (WTO) law and their limitations. It uses a qualitative research method to analyze the regional trade agreement exceptions in the WTO law and relevant WTO Dispute Settlement Body decisions. It examines the controversies on whether the exceptions to regional trade agreements under the WTO law will cause a trade creation effect or a trade diversion effect, interprets the procedural and substantive regulations under the WTO law to prevent the trade diversion effect, and analyzes their limitations. In conclusion, it is clarified that the procedural and substantive regulations stipulated in the WTO law have limitations in preventing the trade diversion effect. So it proposes practical regulation by removing unnecessary procedures and strengthening the authority of the Dispute Settlement Body to force to implement a compulsory compensation against the trade diversion effect.
Abstract
This study aims to examine the efforts to prevent the trade diversion effect contained in the exceptions to regional trade agreements under the World Trade Organization (WTO) law and their limitations. It uses a qualitative research method to analyze the regional trade agreement exceptions in the WTO law and relevant WTO Dispute Settlement Body decisions. It examines the controversies on whether the exceptions to regional trade agreements under the WTO law will cause a trade creation effect or a trade diversion effect, interprets the procedural and substantive regulations under the WTO law to prevent the trade diversion effect, and analyzes their limitations. In conclusion, it is clarified that the procedural and substantive regulations stipulated in the WTO law have limitations in preventing the trade diversion effect. So it proposes practical regulation by removing unnecessary procedures and strengthening the authority of the Dispute Settlement Body to force to implement a compulsory compensation against the trade diversion effect.
참고문헌 (11)
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