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학술논문중재연구2019.09 발행

Preventing Disputes under Free Trade Agreements with Advance Ruling System

Preventing Disputes under Free Trade Agreements with Advance Ruling System

이지수(호서대학교)

29권 3호, 28~38쪽

초록

This article aims to explore ways to prevent disputes arising from ‘Origin Procedure’ under FTAs through 'advance ruling system'. To achieve the aims of this article, this paper examines advance ruling systems operated by Korea and the United States to implement the Korea-US FTA, and analyzes whether the systems are realizing the original purpose of preventing disputes in terms of legal certainty and accessibility. The results show that the advance ruling system for origin in Korea has the same high level of laws and institutions as that of the United States. However, it is necessary to further provide institutional support for staffs that operate the system, so that expertise knowledge can be consolidated and accumulated. Also the accessibility of the system requires improvements.

Abstract

This article aims to explore ways to prevent disputes arising from ‘Origin Procedure’ under FTAs through 'advance ruling system'. To achieve the aims of this article, this paper examines advance ruling systems operated by Korea and the United States to implement the Korea-US FTA, and analyzes whether the systems are realizing the original purpose of preventing disputes in terms of legal certainty and accessibility. The results show that the advance ruling system for origin in Korea has the same high level of laws and institutions as that of the United States. However, it is necessary to further provide institutional support for staffs that operate the system, so that expertise knowledge can be consolidated and accumulated. Also the accessibility of the system requires improvements.

발행기관:
한국중재학회
분류:
무역학

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Preventing Disputes under Free Trade Agreements with Advance Ruling System | 중재연구 2019 | AskLaw | 애스크로 AI