특혜원산지규정에 대한 국제통상규범의 적용 범위

다국어 초록 (Multilingual Abstract)

Preferential rules of origin aim to ensure that only goods produced by the parties to the FTA have the right to enjoy the benefits generated by the agreement and that the third parties cannot generate circumstances in which they benefit from the concession. Thus, in order to ensure that the FTA cannot grant any rights to non-member states, the preferential rules of origin system seeks for a purpose that is distinct from the non-preferential rules of origin system.
In addition, the main scope of non-preferential rules of origin is to distinguish goods subject to trade restrictions through goods subject to the MFN treatment set out in Article 1 of GATT, whereas the focus of preferential rules of origin is that the preferential trade agreement does not grant specific rights or impose specific obligation to the third parties.
As such, it is natural to assume that preferential rules of origin and non-preferential rules of origin can`t be harmonized with each other. `Common Declaration with Regard to Preferential Rules of Origin`, which constitutes Annex II to `the Agreement on Rules of Origin`, is not legally binding. However, provisions of the declaration may affect the interpretation of binding regulations under WTO agreements, such as art. 24 of GATT, concerning the rules of origin included in preferential trade agreements. In that the declaration reflects commitment among WTO members on appropriate standards of conduct, the rules of the declaration can be some kind of pressure on member states to match the action standards on it.
The FTA system is based on the idea that all agreements are equal and exist independently of each other. This, however, requires all member states to recognize the territorial scope of other member states in implementing a set of common rules of origin and should be based on cooperation between various tariff authorities based on transparency.
Although the related provisions of the WTO system are insufficient and the aspects of the regulation are very simple, it is not too doubtful that the multilateral international trade norms represented by the WTO agreements will apply to preferential rules of origin. If, on a macro level, symbolical regulations such as `Common Declaration with Regard to Preferential Rules of Origin` can be interpreted significantly and a general international trade norm, such as the principle of transparency, can be applied to preferential rules of origin, other norms can be applied step by step, thereby seeking harmony between the preferential and non-preferential rules of origin.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 특혜원산지규정의 성격과 구성 요건
• Ⅲ. 다자무역체계와 특혜무역체계에서의 원산지규정
• Ⅳ. 특혜원산지규정에 대한 다자간 국제통상규범의 적용 가능성
• Ⅴ. 결론
• 참고문헌
• Abstract

참고문헌 (Reference)

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• 19 강준하, "FTA 원산지 규정상 누적에 관한 전략적 접근 - 한국형 Model Text의 도입가능성 검토 -" 한국국제경제법학회 13 (13): 7-33, 2015
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