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Full Access Korea’s Experience of Peaceful Settlement of WTO DisputesSome Lessons for Asia

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Korea’s Experience of Peaceful Settlement of WTO DisputesSome Lessons for Asia

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Abstract Without the means of DSP, a rules-based system of WTO would be less effective because the rules could not be enforced. In order to receive benefits of depoliticization of trade disputes, the DSP must function as an alternative that is readily available to decision makers. After a trial and error process, Korea learned this lesson and moved to a policy of practical legalism. To actively pursue this policy, Korea unified governmental agencies related to the DSP function into a single organization and it has fully implemented DSB recommendations. Despite this general trend, a warning signal of possible non-compliance with DSB recommendations has been seen from the recent political atmosphere in Korea. All of these experiences and lessons of Korea deserve to be learned by other Asian countries. How to enhance legal capacity of in-house counsels and how to establish a system that connects the growing demands of private parties to the DSP are remaining tasks for Asia to undertake.

Affiliations: 1: Law School, Ewha Womans University 11–1 Daehyun Seodaemun, Seoul Korea 120–750 wmchoi@ewha.ac.kr

10.1163/22134484-12340004
/content/journals/10.1163/22134484-12340004
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Abstract Without the means of DSP, a rules-based system of WTO would be less effective because the rules could not be enforced. In order to receive benefits of depoliticization of trade disputes, the DSP must function as an alternative that is readily available to decision makers. After a trial and error process, Korea learned this lesson and moved to a policy of practical legalism. To actively pursue this policy, Korea unified governmental agencies related to the DSP function into a single organization and it has fully implemented DSB recommendations. Despite this general trend, a warning signal of possible non-compliance with DSB recommendations has been seen from the recent political atmosphere in Korea. All of these experiences and lessons of Korea deserve to be learned by other Asian countries. How to enhance legal capacity of in-house counsels and how to establish a system that connects the growing demands of private parties to the DSP are remaining tasks for Asia to undertake.

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/content/journals/10.1163/22134484-12340004
2013-01-01
2016-12-11

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