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An Analysis of Two Elements of State-owned Enterprises - 'Definitions' and 'Commercial Considerations' in Terms of International Trade Law -
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국영기업의 '정의'와 '행위의 상업적 고려'에 관한 국제통상법적 고찰 - WTO와 주요 지역무역협정을 중심으로 -

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Type
Academic journal
Author
Pyo Insu (법무법인(유한) 태평양) Kim Daewon (서울시립대학교)
Journal
The Korean Society of International Law THE KOREAN JOURNAL OF INTERNATIONAL LAW Vol.65 No.3 (Wn.158) KCI Accredited Journals
Published
2020.9
Pages
231 - 257 (27page)
DOI
10.46406/kjil.2020.09.65.3.231

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An Analysis of Two Elements of State-owned Enterprises - 'Definitions' and 'Commercial Considerations' in Terms of International Trade Law -
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Abstract· Keywords

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State-trading enterprises (STE) as commercial actors in the competitive marketplace can potentially distort trade patterns, which has been a main reason for international trade law to regulate their anti-competitive practices like the article 17.1 of GATT. This paper tries to address two important issues incurred by the article 17.1 in light of the jurisprudence of WTO and the relevant articles in some Mega-FTAs. The second section of this paper concerns the core definitions and characteristics regarding the STE. It suggests that, in order to remedy the potentially distorting practices of STE, a more coordinated definition should be crafted, shown in the CPTPP or USMCA. The third section addresses the factor of ‘commercial considerations’ in the GATT article 17.1. It is divided into two parts of WTO jurisprudence including ‘Canada-Wheat’ case in 2004 and two influential Mega-FTAs of USMCA and CETA: provisions pertaining to the commercial considerations and their relationship to non-discrimination principle have been reviewed multilaterally and bilaterally. In conclusion, by way of the analysis of the previous sections, this article elaborates on the possibility of harmonious interpretation between the jurisprudence of WTO and negotiated rules found in the STE chapters of USMCA and CETA.
#국영(무역)기업의 정의 #상업적 고려 #비차별원칙 #GATT 제17조 #USMCA 제22장 #CETA 제18장 #Definitions of State-trading Enterprises #Commercial Considerations #Non-Discrimination Principle #GATT Article 17 #USMCA Chapter 22 #CETA Chapter 18

Contents

Ⅰ. 서론 : 문제의 소재와 쟁점
Ⅱ. (쟁점 1) 국영기업의 정의
Ⅲ. (쟁점 2) 국영기업 행위의 상업적 고려
Ⅳ. 결론 : 조화적 해석
국문초록
ABSTRACT

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