전자적 서비스무역에 관한 통상규범 : WTO 및 FTA의 성과

Contrary to the proliferation of Internet and E-commerce in marketplace, it is a general perception that there has been little progress made in laying down multilateral trade rules on the electronic trade in services, that is, trade in services every phase of which can be completed on-line. Duty-free moratorium on electronic transmissions is almost a unique output of the WTO E-commerce Work Programme which has been the official window of drafting multilateral trade rules on electronic trade in services. It is a good thing for WTO dispute settlement procedures and FTAs, as alternative forums, to manage to fill in the vacuum existing between market reality and trade rules. This paper seeks to analyze the main elements and hurdles of trade rules on electronic trade in services made to date through reviewing the performance of E-commerce Work Programme, rulings of WTO dispute settlement procedures on Internet gambling services, and provisions of E-commerce chapters in FTAs with the USA involved as a Party. With all the fact that E-commerce chapter of a consistent shape in USA-led FTAs, by itself, may be treated as a significant advance in making trade rules on electronic trade in services, this paper underlines the caveat that some elements in those FTAs, such as carte blanche in classifying digital products and selective or comprehensive carving out exceptions on non-discrimination principle, would work as sticking points for liberalization of electronic trade in services.