Korean FTA: Policy and Law

This book explains the basic concept of policies, systems, and laws regarding Korean FTAs, and introduces cases that identify problems and proposes the future tasks. Each author focuses on detailed explanations of Korean FTAs, recognizes challenges of certain fields, and organized those in an orderly manner to assist further comprehension. This book deals with the Korean FTAs, which are receiving the international attention, in English and gives a comprehensive view of the problems at hand. Thus, this book is initially, a general introductive book for the undergraduates who have learned the basic concepts of the FTAs for the first time. Secondly, it is a lecture material for those who has shown constant attention in Korean FTAs.

preface ㆍ5

Chapter 1. The Legal Aspects of the possible CJK FTA ㆍ13

I. Introduction ㆍ15

II. The Northeast Asian Regionalism and the CJK FTA ㆍ17

1. The Regionalism in the Northeast Asian Region ㆍ17

2. The close but tangled relations in the region ㆍ22

3. The CJK FTA? ?Several approaches to the Goal ㆍ24

III. The legal Frame of the CJK FTA ㆍ27

1. The RTA and FTA in the WTO system ㆍ27

2. How can we design the provisions? ?An example of the safeguard issue ㆍ31

3. What can we do for the domestic laws of the Member states? ㆍ38

IV. Concluding Remarks ㆍ41

Chapter 2. Proposals for the threshold volume and margin for the application of trade remedy measures of an East Asia FTA ㆍ47

I. Introduction ㆍ49

II. Safeguard measure ㆍ53

1. Threshold volume for the application of a bilateral safeguard measure ㆍ54

2. Threshold volume for the application of a global safeguard measure ㆍ58

III. Anti-dumping and Subsidy and Countervailing measures ㆍ59

1. Threshold dumping or subsidy margin ㆍ60

2. Threshold dumping or subsidy negligible volume ㆍ63

IV. Concluding remarks ㆍ67

Chapter 3. Future implications in the Korea-EU FTA: The new meanings of the legal infrastructure ㆍ73

I. Introduction ㆍ75

II. The Korea-EU FTA : The Legal Infrastructure for the Economic Cooperation ㆍ77

1. The Establishment of the FTA ㆍ77

2. The structure of the FTA provisions ㆍ80

3. Korean domestic laws on the FTA ㆍ83

III. The FTA on the North Korean issue ㆍ85

1. Special treatment to the 'nter-Korean'transaction and the Gaesung Industrial Complex ㆍ85

2. The special GIC provisions in the Korean FTAs ㆍ89

3. Possibility of the improvement of the Human Rights in North Korea by the FTA? ㆍ92

IV. The Development issue in Korea and the FTA ㆍ97

1. Development issue in Korea ㆍ97

2. Aid for Trade ㆍ100

3. The up-grade of the Korean ODA to the North Korea with the FTA? ㆍ102

V. Concluding Remarks ㆍ105

Chapter 4. The Trade Remedy Issues in the Korea-EU FTA ㆍ113

I. Introduction ㆍ115

II. Trade Remedy System in Korea and the EU ㆍ119

1. Trade Remedy System in Korea ㆍ119

2. Trade Remedy System in the EU ㆍ121

3. Trend of the trade remedies in Korea and the EU ㆍ123

III. Trade Remedy Measures in the Korea-EU FTA ㆍ125

1. Trade Remedy Rules in Chapter Three of the Korea-EU FTA ㆍ125

2. Provisions on the Korea-EU FTA ㆍ127

3. The FTA provisions ?From International Laws to Domestic Laws ㆍ131

IV. Concluding Remarks ㆍ135

Authors ㆍ141

Bongchul Kim 저자 Bongchul Kim is a professor in International Economic and Trade Law at Hankuk University of Foreign Studies (HUFS). He holds a PhD in Law at King's College London (University of London) with Overseas Research Scholarships (ORS) by the UK government. Professor Kim also holds Bachelor and Master Degrees of Law at HUFS.