WTO 반덤핑협정 제6조에 관한 해석과 향후 과제 (Jurisprudence of Evidence Provisions under the Article 6 of the Antidumping Agreement and the Prospective Reform in the DDA Negotiation)

서지정보

· 발행기관 : 국제법평론회
· 수록지 정보 : 국제법평론 / 27호 / 141 ~ 167페이지
· 저자명 : 권현호

초록

Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (Anti-dumping Agreement) provides a uniform standard for anti-dumping legislation of the WTO Members because they are under obligation to make their legislation consistent with the Agreement. However, as the multilateral trade agreements were born in contentious negotiation and left open-ended conclusion, there has been a room of discretion for the authorities. Although the authorities apply what they believe reasonable, frequent disputes have brought to the WTO dispute settlement system. Among the raised issues, evidence under Art. 6 seems to be one of the controversies in these days.
Evidence under the Anti-dumping agreement focuses on the procedural or technical issues rather than substantive ones. It is more concerned on how the authorities deal with the information received from the exporters and importers. Focusing on fair procedure, the authorities are required to provide exporters/importers proper opportunities. In turn, exporters/importers are supposed to submit the required information in a timely manner. The most frequently raised issue is ‘best information available’ which allows the authorities to use other information rather than submitted one. Annex Ⅱ of the Antidumping Agreement regulates best information available in terms of paragraph 8 of Article 6. Despite specified procedures, the use of best information is under risk of abuse by the authorities. In fact, the issue on information available is one of the most complained in disputes.
The Antidumping agreement needs to be more unified and specified. For that reason, the Doha Development Agenda includes the Antidumping agreement in its mandate. The negotiation has launched to reform the Agreement. During first years of the negotiation, the antidumping agreement was actively discussed and the Members submitted many proposals and communications. Due to the other contentious area such as Agriculture, however, the overall negotiation of DDA has been suspended. Once restarting the DDA negotiation, it will be possible to reform the Antidumping Agreement, in particular, the provisions of evidence. However, a future of the negotiation seems to be in dark clouds due to Member's various position.

영어초록

Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (Anti-dumping Agreement) provides a uniform standard for anti-dumping legislation of the WTO Members because they are under obligation to make their legislation consistent with the Agreement. However, as the multilateral trade agreements were born in contentious negotiation and left open-ended conclusion, there has been a room of discretion for the authorities. Although the authorities apply what they believe reasonable, frequent disputes have brought to the WTO dispute settlement system. Among the raised issues, evidence under Art. 6 seems to be one of the controversies in these days.
Evidence under the Anti-dumping agreement focuses on the procedural or technical issues rather than substantive ones. It is more concerned on how the authorities deal with the information received from the exporters and importers. Focusing on fair procedure, the authorities are required to provide exporters/importers proper opportunities. In turn, exporters/importers are supposed to submit the required information in a timely manner. The most frequently raised issue is ‘best information available’ which allows the authorities to use other information rather than submitted one. Annex Ⅱ of the Antidumping Agreement regulates best information available in terms of paragraph 8 of Article 6. Despite specified procedures, the use of best information is under risk of abuse by the authorities. In fact, the issue on information available is one of the most complained in disputes.
The Antidumping agreement needs to be more unified and specified. For that reason, the Doha Development Agenda includes the Antidumping agreement in its mandate. The negotiation has launched to reform the Agreement. During first years of the negotiation, the antidumping agreement was actively discussed and the Members submitted many proposals and communications. Due to the other contentious area such as Agriculture, however, the overall negotiation of DDA has been suspended. Once restarting the DDA negotiation, it will be possible to reform the Antidumping Agreement, in particular, the provisions of evidence. However, a future of the negotiation seems to be in dark clouds due to Member's various position.

참고자료

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