Korea’s Experience of Peaceful Settlement of WTO Disputes

Some Lessons for Asia

in The Korean Journal of International and Comparative Law
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Abstract

Without the means of DSP, a rules-based system of WTO would be less effective because the rules could not be enforced. In order to receive benefits of depoliticization of trade disputes, the DSP must function as an alternative that is readily available to decision makers. After a trial and error process, Korea learned this lesson and moved to a policy of practical legalism.

To actively pursue this policy, Korea unified governmental agencies related to the DSP function into a single organization and it has fully implemented DSB recommendations. Despite this general trend, a warning signal of possible non-compliance with DSB recommendations has been seen from the recent political atmosphere in Korea.

All of these experiences and lessons of Korea deserve to be learned by other Asian countries. How to enhance legal capacity of in-house counsels and how to establish a system that connects the growing demands of private parties to the DSP are remaining tasks for Asia to undertake.

Korea’s Experience of Peaceful Settlement of WTO Disputes

Some Lessons for Asia

in The Korean Journal of International and Comparative Law

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References

6)

Choisupra note 3 at 52.

18)

Choisupra note 3 at 54–55. Under this system the government set specific sanitary quality and distribution standards of foods and permitted their manufacturing and circulation only if they had satisfied such standards. As a consequence the government took control over the entire food management procedure including manufacturing circulation components control and informing consumers.

33)

As of 1988Korea maintained import restrictions on 358 items including beef.

36)

DS75 & 84supra note 27.

37)

In 2000the tax revenue from the liquor tax accounted for 2.4% of total tax revenue. The share of tax revenue from soju increased from 17.3% in 1999 to 23.2% of the liquor tax revenue whereas that from whisky was reduced from 10.8 to 8.3%. Korea Institute of Public Finance 9 Monthly Public Finance Forum (2001). See Ahn supra note 11 at 612.

39)

DS161supra note 29.

49)

These negotiations started in July 2005and after 13 rounds of negotiations it was suspended in January 2009.

52)

The settlement was reached on June 26 2011.

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