• International Commerce and Information Review
• /
• v.10 no.3
• /
• pp.197-219
• /
• 2008

The aim of this paper is to review KORUS FTA Rules of Origin. Although there are some differences in terms of structure and contents, KORUS FTA Rules of Origin is not much different from the other FTA's texts that Korea has already concluded. Textile and Apparel chapter is also separately specified. For textile and apparel goods, Korea and the US agreed to adopt 'yam-forward rule', allowing exceptions for certain goods. Both sides also agreed to introduce procedures for permitting to use non-Party's materials when fibers ryarns rfabrics are not available in commercial quantities. Overall evaluation on KORUS FTA is considered to be positive. Economically, KORUS FTA is expected to provide good opportunities for Korean companies to access the US market. Politically, Korea and the US can take advantage of KORUS FTA to reinforce the relationship between the two countries.

• International Commerce and Information Review
• /
• v.18 no.4
• /
• pp.165-193
• /
• 2016

This paper conducts a comparative analysis of the KORUS FTA and the TPP Agreement to assess the current state of affairs in international trade rules for the pharmaceutical industry. Intellectual property rights as well as public health related regulations have evolved to strengthen the position of innovator drug companies. In particular, the TPP Agreement which adopted data exclusivity for biologics for the first time, will set the standard for the future. Apart from this however, the TPP Agreement has not gone further than the KORUS FTA and in some respects, even contains greater policy flexibilities and provisions for market access than the KORUS FTA. Korea should take advantage of such differences when and if she must engage in negotiations to join the TPP Agreement or a renegotiation of the KORUS FTA.

• International Commerce and Information Review
• /
• v.14 no.2
• /
• pp.369-387
• /
• 2012

Throughout intensive negotiations on the KORUS FTA and even after its ratification on March 15, 2012, ISD (Investor-State Dispute Settlement) has been at the center of many controversies within the FTA. Although the original function of the ISD is intended to be a protectional measure for foreign investors, there have been many foreign investors who tried to use the ISD as a tool to attack a government and nullify the public policy demanding tremendous amount of compensation. Many of the NAFTA ISD cases including Ehtyl v. Canada and UPS v. Canada demonstrate such a behavior by foreign investors. It is the right time for Korean government to conduct in depth studies on NAFTA ISD cases because the precedents provide invaluable insights including the legal reasoning by the decision making authorities including ICSID and UNCITRAL. The lessons we would learn from those cases would prepare Korean government for expected ISD claims by foreign investors and enable the government to maximize its efficiency in policy making process under a new international trade environment, the KORUS FTA.

• International Commerce and Information Review
• /
• v.15 no.1
• /
• pp.287-307
• /
• 2013

Numerous discussions on the KORUS FTA has been centered around issues on trade in goods, services, or dispute settlement mechanisms. On the other hand, little attention has been given to Chpater 21 of the KORUS FTA on transparency, especially Article 21.6 which states about anti-corruption. Article 21.6 and the Foreign Corrupt Practices Act shares the common purpose to prevent corruptive business practice, and they show similarities in many aspects. The FCPA enforcement has dramatically increased over the past ten years by the U.S. Department of Justice and Securities Exchange Commission stretching its jurisdiction to foreign nationals and companies. Korean business professionals and corporations are exposed to both Article 21.6 and the FCPA on corruption issues. Thus, it is imperative to understand Article 21.6 to be equipped with anti-corruption compliance programs. This paper examines the FCPA and Article 21.6 through comparative analysis and proposes appropriate measures for Korea to take.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.41
• /
• pp.237-266
• /
• 2009

KORUS-FTA are consist of articles 8. In order to the subjects are, application of a safeguard measures, conditions and limitations, provisional measures, compensation, global safeguard actions, definitions, antidumping and countervailing duties, committee on trade remedies. In especially, regarding application of a safeguard measures under KORUS-FTA, if as a result of the reduction or elimination of a customs duty under this agreement, an originating good of the other party is being imported into the territory of a party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other party constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the party may: suspend the further reduction of any rate of customs duty on the good provided for under this agreement; increase the rate of customs duty on the good to a level not to exceed the lesser of: the most-favored-nation (MFN) applied rate of duty on the good in effect at the time the action is taken; and the MFN applied rate of duty on the good in effect on the day immediately preceding the date this Agreement enters into force; or in the case of a customs duty applied to a good on a seasonal basis, increase the rate of duty to a level that, for each season, does not exceed the lesser of: the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date of application of the safeguard measure; and the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date this agreement enters into force.

• Korea Trade Review
• /
• v.45 no.4
• /
• pp.171-194
• /
• 2020

Although there is a lot of literature on the effectiveness of regional trade agreements(RTAs), it is usually analyzed only using trade-related theories and data. However, this paper has a differentiation in that we examine the linkage between international trade and financial markets through the stock markets reactions when the trade agreements related news arrived. Specifically, using an event study, we look into the Korea-US free trade agreement(KORUS FTA) which is the most commercially significant FTA in almost two decades for both the countries. Korean stock market generally responded more sensitively to FTA news than the US stock market, especially in 'Auto & Parts', 'Electrical Equipment' and 'Chemicals' industries. And the investors' perception toward the effect of KORUS FTA on Korean industries changed from negative to positive as negotiations proceed. Korea has a comparative advantage in the production of labor-intensive goods relative to US, but the economies of scale hypothesis does not hold.

• Fashion, Industry and Education
• /
• v.14 no.1
• /
• pp.1-9
• /
• 2016

This study examined the comparative advantage of manmade textile (MMT) industries in the United States (US) and South Korea (SK). The Revealed Comparative Advantage (RCA) framework was used to assess the MMT industries' performance in both countries from 2004 to 2013. With the recent ratification of the United States-South Korea Free Trade Agreement (KORUS FTA), it is important to understand the current state of these industries. Using UN Comtrade export data, the RCA index values were calculated and analyzed for 27 MMT commodities, three aggregate groups, and the whole industry. It was found that SK had a consistent comparative advantage for the whole industry. Furthermore, SK had a larger number of products with a comparative advantage. The research findings indicate that the MMT industry in SK is likely to outperform the US following the complete ratification of the KORUS FTA.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.69
• /
• pp.589-616
• /
• 2016

The reviewing of an analysis of the Korea-China FTA due to guidance introduced for the new regulations or exceptional regulations compared to the KORUS, Korea-EU, Korea-ASEAN FTA. Commodity sectors in the Korea-China FTA and the KORUS, Korea-EU, Korea-ASEAN FTA(the majority in the country and trade criteria analysis result) compared and analyzed the results, rules of origin and the customs clearance procedures of origin, preferential tariff rate of origin and the origin preferential specific rules are somewhat difference, but customs and trade facilitation regulations are already quite consistent with the Korea customs system. Relatively important research results were as follows. First, the calculation of the regional value content in KORCHINA FTA is that I'm to use the deduction method can comprehensively reflect a regional value ratio, with respect to the materials acquired originating status as the FTA in the US and EU use the product non it's not to consider the value of the originating materials originating materials can be utilized for intermediate goods. Second, even if a non-treaty country in the middle with the exception of direct transport rules, and acknowledge the country of origin are under customs control, there are provisions for the period are temporarily stored in a non-treaty countries separately, that period goods imported into the non-treaty countries and up to three months from the day. If the situation of the occurrence of force majeure be greater than three months, but has so exceed six months. Third, the materials acquired originating status in the Korea-China FTA not to consider the value of non-originating materials used in its products as the KORUS FTA and Korea-EU FTA, that can be utilized originating materials for intermediate goods. It is expected that higher utilization of rules of origin. Meanwhile, Korea-China FTA has provisions to allow requests for preferential tariff applied on imports Customs declaration of intention to apply pre-condition for a preferential tariff applied to the importer. In other words, if the import customs tariff preference when applying post-intention not to advance is to be noted that any preferential treatment to prevent the later application.

• International Commerce and Information Review
• /
• v.9 no.2
• /
• pp.399-422
• /
• 2007

Like in other trade negotiations covering comprehensive sectors, it is reported that KOREA-US FTA tried so-called 'package deal' at the last minutes, when telecom services sector was positioned at the forefront and expected to partly play a role in buffering US' market-opening pressure on other sectors. Before everything else, Korean negotiators had to enhance the value of foreign ownership deregulation in telecom services sector as a leverage in the course of KOREA-US FTA negotiations. In addition, since foreign ownership change, if any, is highly sensitive issue either politically or policy-wise, it seems very difficult to find a breakthrough. Focusing on foreign ownership regulation in telecom services sector, this paper seeks how Korea has developed its strategic reasoning for negotiations and evaluates the outcomes of KOREA-US FTA negotiations.

• KCID journal
• /
• v.13 no.2
• /
• pp.200-208
• /
• 2006