세이프가드협정상의 국내산업 범위에 대한 해석

• 영문명: Interpretation of Domestic Industry under Safeguard Agreement
• 발행기관: 한국통상정보학회
• 저자명: 이은섭(Eun-Sup, Lee) 김선옥(Sun-Ok, Kim)
• 간행물 정보: 『통상정보연구』제8권 제2호, 225~240쪽, 전체 16쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2006.06.30

영문 초록

This paper discusses the definition of the term “domestic industry” in relation to the application of the safeguards provisions of the WTO through the judicial interpretation made by the WTO Appellate Body and panel. The requirements for the imposition of safeguards include a rapid increase in import quantity, the existence of serious injury or threat of serious injury to the domestic industry, and a causal relationship between the increase in imports and the industrial injury. The domestic industry refers to the producers that account for a considerable portion of the total national production, or the national producers who produce articles “like” or “directly competitive” with the specific imports. Chronically, there have been controversial disputes relating to the interpretation of the term “like” or “directly competitive”. Reviewing the disputes relating to the term “domestic industry” in application of the safeguards provisions since the establishment of the WTO, the interpretation of the term “like” has been made imposing weight on the physical characteristics of the products. This interpretation is in contrast with that of the interpretation of the term “directly competitive” which has been interpreted with imposed weight on the commercial elasticity of substitution which can be measured by the final use or consumer’s taste.

목차

Ⅰ. 머리말

Ⅱ. 세이프가드협정의 법적 성격

Ⅲ. 사법적 해석

Ⅳ. 맺음말

참고문헌

Abstract

키워드

세이프가드 협정 국내산업 동종 또는 직접경쟁적인 제품