Lectures on Korean FTA and Law

Bongchul Kim , Ho Kim 지음

한국외국어대학교 지식출판콘텐츠원 2024년 01월 15일 출간

작품소개

책소개

Korea has joined many types of multilateral international agreements and also have made several Free Trade Agreements(FTAs) with its major economic partners. Hypothetically, the Korean government believed that FTAs may be seen as an effective measure to seek and respond actively to the trend of Preferentialism in the late 1990s. Since then, the government
has continued to promote its FTA policy and have improved in the related laws.

목차

Preface ㆍ 5

Lecture 1. The Basic concepts concerning Multilateralism 1 ㆍ 17
1. GATT system ㆍ 19
2. WTO System ㆍ 25

Lecture 2. The Basic concepts concerning Multilateralism 2 ㆍ 35
1. The WTO Dispute Settlement Mechanism ㆍ 37
2. WTO Agreements as Multilateral Trade Agreements ㆍ 41

Lecture 3. Regional Trade Agreements and Preferential Trade Agreements 1 ㆍ 43
1. Regionalism, Regional Trade Agreements and Preferential Trade Agreements ㆍ 45
2. The Motivations for RTAs or PTAs ㆍ 51

Lecture 8. RTA Cases in WTO Dispute Settlement System 2 ㆍ 117
1. Three Safeguards cases involving the United States- the principle of ‘Parallelism’ ㆍ 119
2. Two cases on Domestic regulations under RTAs ㆍ 123
3. A Recent case regarding RTA-related objection at WTO proceedings ㆍ 127

Lecture 9. RTAs of China ㆍ 131
1. Overview of the RTAs of China ㆍ 133
2. Asia-Pacific Trade Agreement (Bangkok Agreement), China-ASEAN FTA and China-Hong Kong/Macao CEPAs ㆍ 136
3. Chinese FTAs with Chile, Pakistan and others ㆍ 142

Lecture 10. RTAs of Japan ㆍ 149
1. Overview of the RTAs of Japan ㆍ 151
2. EPAs with Singapore, Mexico and Chile ㆍ 155
3. EPAs with Malaysia, ASEAN and the TPP Project ㆍ 160

Lecture 11. RTAs of Korea and the Northeast Asian RTA 1 ㆍ 165
1. Overview of the RTAs of Korea ㆍ 167
2. FTAs with Chile, Singapore and EFTA ㆍ 169

Lecture 12. RTAs of Korea and the Northeast Asian RTA 2 ㆍ 179
1. FTAs with ASEAN and the US ㆍ 181
2. Vision for the CJK FTA in Northeast Asia ㆍ 187

Lecture 13. Inter-Korean Exchange and FTA (the KIC) ㆍ 193
1. The Kaesong Industrial Complex ㆍ 195
2. The Main Frame of the KIC Project ㆍ 197
3. Changes in the Political Environment of the KIC ㆍ 198
4. Laws on the KIC ㆍ 202
5. Concluding Remarks ㆍ 211

Lecture 14. The new Function of the Korean FTAs ㆍ 215
1. The Korea-China FTA: A Stepping Stone for the Trilateral FTA?
ㆍ 217
2. Special treatment to the KIC product ㆍ 219
3. For the Human Rights or the Development issues? ㆍ 221

책 속으로

ㆍ The Background of the Modern International Trade and Law

The Bretton Woods Conference of 1944 recognized the need for an international institution to regulate international trade as part of a larger plan for economic recovery aer World War II. Following World War II, nations throughout the world, led by the US and several other developed countries, sought to establish an open and non-discriminatory trading system with the goal of raising the economic well-being of all countries. Being aware of the role of trade barriers in contributing to the economic
depression during the 1930s, and the military aggression that rose following the depression, the countries that met to discuss the new trading system saw open trade as essential for economic stability and peace.
Then, the US proposed to enter into negotiations for an International Trade Organization (ITO) in 1945. e intent of the negotiators was to establish the ITO, which would address not only trade barriers but also other issues related to trade, including employment, investment, restrictive business practices, and commodity agreements. The Charter for the establishment of the ITO (the Havana Charter) set out the basic rules for international trade and economic matters. Under the Charter, the ITO was to be a United Nations specialized agency. e negotiations on the ITO Charter were completed in Havana in 1948. The negotiations on the General Agreement on Tariffs and Trade(GATT) also advanced well and the GATT was signed in 1947.
However, the ITO treaty was not approved by the US and a few other signatories and never went into eect. Instead, a provisional agreement on tariffs and trade rules (in other words, the GATT) was reached and went into eect in 1948. Countries had to try to handle the trade problems under the GATT 1947 without the ITO. This provisional GATT became the principal set of rules governing international trade for the next 47 years. Although it was not an organization, the GATT gradually became the focus for international governmental cooperation on trade matters. Therefore, the GATT system was the outcome of the failure of the ITO.

출판사 서평

Preface
The reasons of rapid increase for Preferential Trade Agreements in the international Economic and Trade related areas are due to the promotion of trade and enhancement of bargaining power. Korea has joined many types of multilateral international agreements and also have made several Free Trade Agreements (F TA s) with its major economic partners. Hypothetically, the Korean government believed that FTAs may be seen as an effective measure to seek and respond actively to the trend of Preferentialism in the late 1990s. Since then, the government has continued to promote its FTA policy and have improved in the related laws.
Korea, as a relatively small country in the Asian region, has always faced post-war challenges in terms of its circumstances. Simultaneously this country has also shown the remarkable economic development as well as cultural sophistication within the last half a century in attempts to set its own standards of international economic systems since 2000 as a member of the international society. e presence to strive in order to cultivate the ‘Korean Style’-which is based on Korea’s experiences in the field of Economic Development” is undoubtedly present. Regardless of the various endeavors, Korea, as yet, still has many challenges to overcome with respect to FTA related policies and
laws.
With the aim to provide meaningful insights of the various aspects in FTA, this book encompasses the basic concept of systems and laws regarding Korean FTAs. Relevant materials from lectures on the subject of FTA and legal issues have been strictly organized and documented to achieve the following purpose. The following book consists of material contents that are used in lectures, that is equivalent to the syllabus of a semester.
Thus far, institutions have lacked in providing academic courses with the basis of FTA and law in regular lectures. Therefore, the authors have published the following material in hopes to help the readers challenge their views on the projected subject of FTA and related laws. Hopefully, it may provide and act as a meaningful tool for the better understanding of the unique position in the international society that Korea has to offer.
The authors of this book have been studying the Korean FTA issues based on the legal aspect and discussing over the issues as mentors, mentees and colleagues for quite some time. Nevertheless, the authors stress upon the imperfections of the contents. Concerns regarding to the subject still is applicable to this day and its relevance to the future is unquestionable. Therefore, inaccuracy may be present in this particular literature, and it will most likely still remain to be a challenge for the current Korean FTAs to improve or better yet overcome.
Bongchul Kim and Ho Kim

작가정보

저자(글) Bongchul Kim

Bongchul Kim is a professor in International Economic and Trade Law at Hankuk University of Foreign Studies(HUFS). He completed his PhD in Law at King’s College London with the Overseas Research Scholarship(ORS) by the UK government, MA and BA in Law at HUFS.
Professor Kim has been working with the Korean Legal Research Institute(KLRI) for several years in the fields of International Economic and Trade Law, EU an UK Law, and Development Law. As of today, he is working as a consultant to the Asian Development Bank(ADB) and the Vietnamese government on several development projects. Among many, his main interest lies upon the relationship between international and domestic law on trade issues(such as ‘Influences of Free Trade Agreements to Domestic Laws), and the relationship between trade laws and other fields such as development law.

저자(글) Ho Kim

Ho Kim is a professor in International Economic and Trade Law at Keimyung University. He completed his SJD at American University, LLM at University of Minnesota with scholarship, BA and MA in Law at HUFS. Professor Kim has worked with the Korean Legal Research Institute(KLRI) as well as Korea Corporate Legal Affairs Association(KCLAA) for several years in making comparative studies of legal systems. Professor Kim’s fields of interest include the relationship between the multilateral and the regional trading systems and the compatibility between those systems. He also focuses on the legal issues regarding international commerce.