1. Main Findings of the Paper
Trade and industrial remedies became more frequently employed as the world economy suffered from the recent worldwide financial crisis. The multilateral rules of the WTO applicable to such trade remedies should be improved so that an unfair application of those measures is prohibited. In fact, the Doha Development Agenda (DDA) initiated in 2001 has been dealing with the WTO provisions on trade remedies as one of its core negotiation items. The paper examined the process of the rules negotiation and the diverse positions of major WTO Members. For this purpose it analyzed the comprehensive set of proposals submitted by the WTO Members, two Chair's drafts and other documents prepared by the WTO Secretariat. Based on this examination and analysis, the paper suggested strategic considerations the Korean government can draw when participating in the rules negotiation under the DDA.
Main findings of the paper are as follows. First, the positions of WTO Members in respect of the rules negotiation are quite different, similar to those found in other issues of the DDA. WTO Members are in particular sharply divided in rules negotiations on antidumping measures. Exporters that are likely to be subject to potential trade remedies would prefer tighter rules, in order to reduce the frequency and the intensity of those remedies. Importers would prefer loose rules on the application of trade remedies, with the view of avoiding an intensified competition from imported products. Considering these divergent interests and positions among the negotiating countries, it is expected that any successful conclusion of the rules negotiation would require a compromise in order to balance the interests of exporting and importing countries.
Second, the traditional distinction between frequent users of trade remedies and opposing respondents has recently become unclear. For example, China which used to be a frequent subject of trade remedies has now become an aggressive user of those remedies. Also, India has recently increased the use of trade remedies, and has emerged as one of most frequent users. In contrast, the United States, which used to resort most heavily to trade remedies, is now charged frequently by trade remedies of other importing countries. This new feature has made WTO Members difficult to take consistent positions over the specific issues discussed in the rules negotiation.
Third, fishery subsidies constitute one of most difficult items in the rules negotiation. A strong confrontation between developing WTO Members and developed ones is found to be one of the peculiarities of this negotiation. There would be no global rules specifically applicable to fishery subsidies if there is no agreement in the DDA. Considering that discussions and negotiations have been conducted based on a 'roadmap' rather than a Chair's draft, a successful agreement for this issue appears extremely difficult.
Fourth, the issues which are often subject to disagreement in the rules negotiation include zeroing, sunset clause, lesser duty rule in antidumping measures, and definition of fishery subsidies, coverage of prohibited subsidies and export credit in subsidies. As pointed out above, WTO Members often get together over particular issues without any forseeable and consistent direction. For example, the EU has taken different positions depending on the specific issues discussed. China and India have taken rather double positions since they have recently joined the user group. Accordingly, a traditional confrontation between 'Friends Group' and the United States may not often explain what has happened in the course of the rules negotiation.
Considering the four findings mentioned above, it is an observation of this paper that the rules negotiation is still not yet on a full track. Therefore, the authors expect that a successful conclusion of the rules negotiation may be influenced by the progress in the negotiation of other issues in the DDA, mainly due to the negotiating principle of a single undertaking.
2. Policy Recommendations
The paper has suggested the following four policy recommendations. First, as discussed in Chapter 2, during the period between 1995 and 2008, Korea was second most-frequently subject to antidumping measures just after China, while she ranked the 11th in imposing the measures. This statistics may suggest that Korea has been rather inactive in using antidumping measures against imports which may injure domestic industry. This relatively inactive attitude of Korea may be contrasted to that of India and China. India very recently ranked the first in imposing antidumping measures, while positioned the 8th in being subject to the measures. China was placed the 8th in imposing the measures, while ranking the first in being subject to the measures. Considering this contrast, Korea is advised to take more active attitude in using trade remedies, such as antidumping measures, in order to protect domestic industries.
Second, it should be acknowledged that Korea as one of the members of the Friends Group has been very active in improving the rules on trade remedies. Those issues, such as zeroing, sunset clause, lesser duty rule, which lead to a tighter application of antidumping measures, initially stood negatively in the first Chair's draft. However, they corrected rather positively in the second Chair's draft due to the efforts of the Friends Group including Korea. Korea along with other WTO Members of the Friends Group should make every effort in keeping the improvement in those issues, with the view of securing worldwide freer trade, which will eventually enhance the national interest of Korea.
Third, Korea has taken similar positions along with Japan and Taiwan in fishery subsidies. However, the Friends of Fish Group, composed mainly of developed countries such as the United States, Australia and New Zealand, has taken rather tougher stance by demanding a comprehensive ban on fishery subsidies. In order to effectively achieve the negotiation goals, Korea should take a lead among Asian countries which have a greater population depending on fishery.
Finally, it is reminded that WTO Members including Korea need a freer trading system with trade remedy rules which do not unfairly restrict trade. The rules negotiation is a very important element of the DDA for Korea and other WTO Members.
1. 연구의 배경 및 목적
2. 연구의 방법 및 구성
제2장 무역 및 산업 구제조치의 현황 및 WTO 규범협상
1. 주요국의 무역구제조치 동향
가. 반덤핑조사 및 조치 동향
나. 보조금조사 및 상계관세조치 동향
2. 주요국의 최근 산업구제조치 동향
가. 최근 위기극복을 위한 국가재정 투입의 급증 추세와 주요 특징
나. 최근 주요 산업에 대한 산업구제조치 사례
다. 한국경제에 대한 파급효과
3. WTO 규범협상의 의의
제3장 반덤핑협정 관련 WTO DDA 규범협상의 현황 및 평가
1. 반덤핑협정 관련 DDA 협상 경과
가. 도하각료선언 반덤핑 관련 위임사항(Doha Mandate)
나. 규범협상그룹의 논의 동향
2. 반덤핑협정 관련 DDA 협상의 주요 쟁점 및 주요국 입장
나. 제소 적격
다. 미소마진으로 인한 조사 종결
사. 반덤핑조사 절차
아. 우회덤핑 방지
3. 반덤핑협정 2007년/2008년 개정초안 분석
가. 2008년 초안에서 철회된 쟁점
나. 2008년 초안에서 수정된 쟁점
다. 기타 - 2008년 초안에 포함되지 않은 쟁점
제4장 보조금협정 관련 WTO DDA 규범협상의 현황 및 평가
1. 보조금협정 관련 DDA 협상 경과
2. 보조금협정 관련 DDA 협상의 주요 쟁점 및 주요국 입장
3. 보조금협정 2007년/2008년 개정초안 분석
가. 일반보조금 분야
나. 수산보조금 분야
제5장 WTO DDA 규범협상의 종합 평가와 한국의 협상전략
1. DDA 협상의 종합적 평가
2. DDA 규범협상의 주요 이슈별 한국의 협상전략
가. 반덤핑협정 관련 주요 이슈별 한국의 입장
나. 일반보조금/수산보조금 관련 한국의 입장
제6장 결론 및 정책 시사점
1. 주요 결론
2. 정책 시사점