WTO의 분쟁해결제도에 관한 연구

Abstract

Today, the international society is facing the era of economic war. Ever since the confrontation of ideology diminished with the end of the Cold War, the international society has been confronting infinite competition where each nation seeks solely its own economic interest. In addition, economic blocks established based on various conflicting interests are competing each other. As the international economic order is now faced with infinite competition, the realization of the rule of law has become a very urgent agenda and the World Trade Organization(WTO) has been established in response to the demands. One of the most important purposes of the WTO's dispute settlement procedure is to strengthen the stability of the multilateral trading system by amicably settling trade feuds among countries. In order to achieve such an aim, a prompt and efficient dispute settlement system that is legally binding should be established. It is because the General Agreement in Tariffs and Trade(GATT) failed to protect the rights and responsibilities of member countries enough as its regulations and details were ambiguous and its binding power was weak. The WTO defined each stage of the dispute settlement systematically with less ambiguity and reinforced integration extensively to realize a single system. In addition, the WTO has set a time limit for each stage in order to prevent intentional delay and increased the speed of panel progress by introducing the negative or reverse consensus, and dramatically reduced the possibility of unilateral actions by allowing countries to lodge an appeal on an unacceptable panel verdict. And the WOT tried to do objective verification by utilizing a wide range of experts in the panel and appellate body, induced participation of developing counties by including personnels of developing countries in the panel committee. If a third group of countries has concerned interest with a conflict, they can submit a written stance to the panel in order for it to be reflected in the report. In particular, if any of the member countries believes their interest is nullified or impaired due to violation of an agreement, it can not get the verdict unless it goes through the dispute settlement body, and even when a member country wants to correct another member country's violation, the WTO made it compulsory for them to invoke or follow the dispute settlement rules and procedures regarding understanding. As mentioned above, the dispute settlement system of the WTO is much more advanced and efficient to that of the GATT. However, it is also true that there have been various disputes over the problems appeared while introducing and proceeding its system. The WTO whose system is useful and problematic at the same time is a not only very important shield to us, one of the world's top 10 trading countries, regarding our national interests but also a court system. The competition of the international trade will be even fore fierce and the size of the trade feuds related directly or indirectly to South Korea will be gradually increasing. Thus, in order for South Korea to response efficiently to the global trade environment, it needs not only to examine the international trade regulations from judicial perspectives but also to scrutinize the dispute settlement procedure. This research, conducted due to such necessity mentioned above, aims to offer theories that help the government or government owned enterprises ensure a profit and contribute to the government and businesses and the academic circle by suggesting a constructive future direction in the dispute resolution system of the international trade disputes. In order to achieve the aim mentioned above, the dispute resolution system of the international trade disputes under the GATT is introduced in the chapter 2 as pre-study before it focuses on the WTO. In the chapter 3, we will examine the WTO's establishment process of the dispute settlement system and its characteristics. And the core of this research, the analysis on the problems of the WTO's the dispute settlement system appears in the chapter 4, and its solutions are discussed in the chapter 5. And finally, a conclusion is drawn out and efficient ways to run the dispute settlement system of the WTO are suggested by comprehensively examining the research's main ideas. In order to draw out such a conclusion, this research reviewed and analyzed a variety of books and dissertations on the GATT and the WTO system, and the trade law of the U.S.