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Legal problems of the two Koreas in the WTO structure

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Frame of Image atment can generate legal problems. For example, both Koreas treated their trade as domestic trade rather than international trade without applying any tariff. This is an outright breach of the WTO rules under
* JD expected in 2005, Washington University School of Law LL.M, Washington University School of Law (2003); LL.M, International Economic Law, Korea University (2002); B.A., Chungnam National University, South Korea (1988). The author is a former senior analyst of Chinese economy at Korea Center for International Finance, a de facto government organization established by the Ministry of Finance and the Bank of Korea in Seoul, Korea. The author is deeply indebted to Professor Andrea L. Charters of Washington University School of Law, MO, U.S.A. for her helpful insights, suggestions, advice, and encouragement without which this article would not have been possible. Because of the fast changes in both Koreas' economic, legal, and political situation over the last few years, some shortcomings and omissions may remain. The author wishes to accept full responsibility for the facts and views expressed herein. 137
138
Asia Law Review
[Vol. 2 : 137∼158
the equal treatment principle of the most favored nation (MFN) clause, especially for South Korea. South Korea attaches a “made in (South) Korea label” for the North Korean products manufactured in Kaesong, in a breach of the WTO rules of origin. To solve such legal conflicts, admitting North Korea into the WTO structure and havin


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Title Legal problems of the two Koreas in the WTO structure
Similar Titles
Material Type Articles
Author(English)

Lee, Dongwook

Publisher

[Seoul]:Korea Legislation Research Institute

Date 2005-06
Journal Title; Vol./Issue Asia Law Review:vol. 2
Pages 22
Subject Country North Korea(Asia and Pacific)
South Korea(Asia and Pacific)
Language English
File Type Documents
Original Format pdf
Subject Government and Law < Laws and Legislation
Holding KLRI

Abstract

Almost about half a century after the ceasefire of the Korean War in 1950, the two Koreas are trying to help each other in a meaningful way toward mutual cooperation and compensation. But the mutually favorable treatment can generate legal problems. For example, both Koreas treated their trade as domestic trade rather than international trade without applying any tariff. This is an outright breach of the WTO rules under the equal treatment principle of the most favored nation (MFN) clause, especially for South Korea. South Korea attaches a “made in (South) Korea label” for the North Korean products manufactured in Kaesong, in a breach of the WTO rules of origin. To solve such legal conflicts, admitting North Korea into the WTO structure and having the two Koreas sign a free trade agreement (FTA) would be a best possible alternative.