글로벌 전자상거래에 따른 통상문제와 WTO의 규범적 대응

This study analyzes and draws out commercial policy implications for electronic commerce. To foster the expected growth of electronic commerce, WTO agreement should establish a basic legal framework for international transactions to guarantee a stable and predictable environment. However the members have not yet been able to form a consensus on the definition, classification, technological neutrality, and domestic regulations dealing with electronic commerce. Problems dealing with electronic commerce using digital transfers, especially classifications of electronic transfers, are the most difficult of the outstanding problems. If digital transfers are classified as goods, then it is subject to the GATT, whereas if the transfers are classified as services, then it is subject to the GATS. However, digital transfers share characteristics of both goods and services. Thus there is controversy regarding where electronic commerce should be subject to GATT, GATS or some other WTO Agreement. The discussions on electronic commerce, which had been on hold after the Seattle Ministerial, is due to begin in a special working group of specialists. The result of the discussion, as well as recommendations from the working group will be submitted in the next WTO Ministerial.