Korea’s Experience of Peaceful Settlement of WTO Disputes

Some Lessons for Asia

in The Korean Journal of International and Comparative Law
Author: Won-Mog Choi 1
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  • 1 Law School, Ewha Womans University, 11–1 Daehyun Seodaemun, Seoul Korea 120–750
Online Publication Date:
01 Jan 2013
Volume/Issue:
Volume 1: Issue 1
Article Type:
Research Article
DOI:
https://doi.org/10.1163/22134484-12340004
Keywords:
WTO DSP; Korea’s panel experience; aggressive legalism in WTO; implementation of panel decisions
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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
E-ISSN:
2213-4484
Print ISSN:
2213-4476
Publisher:
Brill | Nijhoff
Cover The Korean Journal of International and Comparative Law

Sections

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.

Information

Page Count:
15–30
Subjects:
Comparative Law, International Law, International Law: General Interest, International Law
Copyright:
© Koninklijke Brill NV, Leiden, The Netherlands 2013

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