Table 8] Selected laws/declarations of inter-Korean trade in transition [Table 9] The annual inter-Korean trade cases and amounts [Table 10] Annual import/export for outward processing [Table 11] Annual balance of import/export inter-Korean trade [Table 12] Annual number of products imported/exported in inter-Korean trade [Table 13] Annual products exported in inter-Korean trade [Table 14] Annual products imported in inter-Korean trade [Table 15] Import products of North Korea in 1998 [Table 16] Annual number of participating companies in inter-Korean trade [Table 17] Annual number of processing companies in inter-Korean trade. South Korea, one of the most important players in international trade, falls into a dilemma when the issue of inter-Korean trade is raised.
The WTO Accession and North Korea
South Korea's trade has rarely been discouraged even in the transition period of the Doha Development Agenda. South Korea has relied heavily on foreign trade for its economy, and due to its vibrant state, dependence on trade will expand.
The Understanding of Inter-Korean Trade
The Definition
Although their scope of inter-Korean trade still covers all 'exports and imports' of commodity goods, it also explains that the trade methods can include. The terms 'export and import requiring an approval' and 'export and import comprehensively approved' are the author's translation of '승시다 요하다 반출ㆍ반전,' and '포구젅 붰 윹는 반출ㆍ반제,' ' respectively.
The Implication
11. On the other hand, economic cooperation, including trade, could also be very effective, especially in inter-Korean relations. This will transform inter-Korean relations and open new prospects for joint prosperity on the Korean Peninsula.22.
The History
- The Pre-1988 Era
- The Transitional Period
- The Post-1988 Era
Since then, inter-Korean trade, which lasted from the military administrations of the United States and the Soviet Union to the establishment of the South and North Korean governments, finally and officially ended.51. Although general trade and processing trade shrank significantly due to the suspension of Mt.
The Most-Favoured Nation Treatment
The Inception of Fair Multilateral Trading System
- The GATT
- The WTO
- The Most-Favoured Nation (MFN) Treatment
For example, “products that were important exports from developing countries—such as agriculture and textiles—were excluded from GATT's mandate through a series of . 2013) "The History and Future of the World Trade Organization", p. 139 Van Den Bossche, Peter (2008), “World Trade Organization Law and Policy”, (2nd Edition), Cambridge University Press, p. 2006) "Case Studies in US Trade Negotiation Vol. 146 Van Den Bossche, Peter (2008), “World Trade Organization Law and Policy”, (2nd Edition), Cambridge University Press, p.
154 Van Den Bossche, Peter (2008), “The Law and Policy of the World Trade Organisation,” (2de uitgawe), Cambridge University Press, p. 155 Van Den Bossche, Peter (2008), “The Law and Policy of the World Trade Organisation,” (2de uitgawe), Cambridge University Press, pp.
The Legal Controversy in the MFN
In inter-Korean trade, such favors are given to North Korea by the South and it is like a 'time bomb' under the WTO system. In fact, South Korea introduced a special implementation law for the WTO agreements in 1995,161 which states that North Korea's products are treated as domestic goods. 163 The author's translation of '남북 교역물품 통관 고리에 고시 고시'.
164 자세한 내용은 "남북무역물품 통관관리에 관한 고시"에 한국어 원문을 첨부하였습니다. 제6조(관세): 북한에서 수입되는 물품은 제26조 제1항의 유보 대상이 됩니다. - 한국교류협력법. 이에 따라 관세가 부과되지 않습니다. 다만, 북한산 물품을 수입하는 경우에는 관세법에 따른 관세규정 및 기타 법률에 따른 수입세 규정이 적용되지 않습니다.
Legally-possible Suggestions
- Permission upon Accession
- Outward Processing Scheme
- The South-North Korea Free Trade Agreement
- Waiver
178. Decisions of the CONTRACTING PARTIES according to this paragraph are taken by a two-thirds majority. The finished products of the exporting Party may nevertheless enjoy preferences in the importing Party if certain conditions are met. During the GATT era, there were free trade agreements that included some non-GATT parties.
225 Ahn, Dukgeun and Jeongjoon James Park (2014) “A Study on Internal Trade between South/North Korea in the WTO System and Gaesung Industrial Complex”, Review on International and Area Studies (Vol. 23, No.4), p. obey a certain regulation of the WTO228 as long as it meets the voting requirement.229 Therefore, it is also significant to apply this to the case of inter-Korean trade. 230 Ahn, Dukgeun and Jeongjoon James Park (2014) “A Study on Internal Trade between South/North Korea in the WTO System and Gaesung Industrial Complex”, Review on International and Area Studies (Vol. 23, No. 4), p. of the Members, unless otherwise provided in this paragraph.
The Subsidy
The Definition
Even "the attitude of the world trading system towards subsidies has not always been the same,"254. 252 Van Den Bossche, Peter (2008), "The Law and Policy of the World Trade Organization," (2nd ed.), Cambridge University Press, p. 261 Van Den Bossche, Peter (2008), "The Law and Policy of the World Trade Organization," (2nd ed.), Cambridge University Press, p. b) subsidies which, either alone or as one of several conditions, are conditioned on the use of domestic rather than imported products.263.
264 Van Den Bossche, Peter (2008), “The Law and Policy of the World Trade Organization”, (2nd edition), Cambridge University Press, p. 266 Van Den Bossche, Peter (2008), “The Law and Policy of the World Trade Organization”, (2nd edition), Cambridge University Press, p. 267 World Trade Organization, The Legal Texts, p. Once again, the last type of subsidies, the non-usable subsidies, no longer exists.
The Legal Controversy in the Subsidy
According to the WTO's official website, it states that: "the definition contains three basic elements: (i) a financial contribution (ii) by a government or any public body within a member's territory (iii) which confers a benefit. The focus of the meeting was full implementation of the statement on October 4th issued at the end of the summit between the two Koreas.Then, assuming the existence of the benefit granted, it is specified according to Article 2 of the SCM Agreement.
This Article does not apply to subsidies maintained on agricultural products as provided for in Article 13 of the Agreement on Agriculture. If any of the products of the KIC were ever exported abroad, then this can also be considered as 'prohibited subsidies'.295.
Legally-possible Suggestion
In short, although it is still very strictly monitored and restricted, developing countries and LDCs – both donors and recipients – are more favorable in the WTO system.299 Internationally, South Korea must still be a developed country. DEVELOPING COUNTRY MEMBERS REFERRED TO IN PARAGRAPH 2(a) OF ARTICLE 27 The developing country members who are not subject to the provisions of paragraph 1(a) of Article 3 in terms of the provisions of paragraph 2(a) of Article 27 are:. a) Least developed countries designated as such by the United Nations and which are members of the WTO. Regarding the scope of LDCs under the WTO, the official website states that “the WTO recognizes as least developed countries (LDCs) those countries designated as such by the United Nations.
The fact that a WTO member declares itself to be a developing country does not automatically mean that it will benefit from the unilateral preference schemes of some of the developed member countries, such as the Generalized System of Preferences (GSP). 303 Although it varies and depends on the cases of subsidies, but the Agreement allows subsidies as much as for a period of five years for developing member countries and eight years for LDC members, for example, under Article 27.3 of the SCM Agreement.
The Overview
The WTO's multilateral trading system as a foreign one, despite the fact that "the WTO has shown itself to be flexible enough to accommodate members of very different economic sizes, at all stages of economic development. The five largest in terms of trade (EC, US, China, Japan and Canada) account for up to 68 percent of the trade of all WTO members, and the five smallest for less than 0.01 percent of that trade. Its membership includes not only all the richest countries in the world, but also 32 of the 50 LDCs.
Trade Policy and System of North Korea
North Korea's centralized and planned economy has several characteristics in their foreign trade. By 1958, the Soviet Union dominated North Korea's foreign trade with a volume of about 77% while 13% was from China. However, in the 1970s, North Korea successfully managed to maintain good relations with both the Soviet Union and China, directing aid from both.318.
Finally, in the 1980s, North Korea considers trade one of the nation's core policies. The early 1990s collapse of the Soviet Union and the socialist nations of Eastern Europe gave North Korea a crucial chance to transform its foreign economic policy.
Case Studies
Cambodia is still a "young democracy and an emerging market economy"331, so the government seeks their economic and political prosperity, with the goal of expanding trade and economic development from "regional and global integration"332 after accession to the WTO. After joining the WTO, Cambodia has endured huge sacrifices in many areas, especially in trade rights, state ownership and privatization. It is required to "ensure transparency of its ongoing privatization program, inform WTO members of progress in reforming their economic and trade regimes,"342 provide periodic reports to WTO members on the development of the privatization program and other issues related to economic reforms within the framework of WTO obligations .343.
In the case of the former CIS countries, of the eleven countries, only six have currently acceded to the WTO. As for trade rights, “the former state monopoly in foreign trade, with certain necessary exceptions, should be abolished,”344 while “the state registration requirement is minimized.” 345 Very importantly, there are “no restrictions on the right of foreign and domestic individuals and enterprises to import and export goods and services, except as provided for in the WTO agreements.” 346 Moreover, “sole proprietorships, joint ventures, .
Prospects of North Korean Accession to the WTO
The door is wide open and the WTO welcomes countries that are members of the United Nations and ready to reform. As has been said about GATT's inherent flaws, the same could be true of inter-Korean trade. From these different perspectives, all of this brings disputes over the obligation of MFN treatment and the threat of subsidy in inter-Korean trade.
From the research, it is fully recognized that there are relatively clear threats from South Korea to illegally violate both the MFN and Subsidy of the WTO Agreement. South Korean experience under the GATT, WTO and with FTAs should be used wisely, not only to turn around and resolve today's MFN and Subsidy controversies, but also to legally regulate inter-Korean trade to improve and lead North Korea to the WTO, which in the end, hopefully to lead more interactions with South Korea, then unification of the peninsula and finally world peace.
