DOMESTIC REGULATIONS ON TECHNICAL STANDARDS: BARRIERS TO TRADE IN THE HIGH TECHNOLOGY INDUSTRIES
- 발행기관 아주대학교
- 발행년도 2010
- 제출일 2010-04-21
- 학위수여년월 2010. 8
- 학위명 석사
- 학과 국제대학원 국제통상학과
- 실제URI http://www.dcollection.net/handler/ajou/000000010831
- 본문언어 영어
- 저작권 아주대학교 논문은 저작권에 의해 보호받습니다.
초록/요약
Frequently, products are under requirements of their characteristics or the manner that they are produced. These requirements may be technical regulations, standards and conformity assessment procedures. The reason of this imposition holds on the protection of life, health, safety, national security, environment or prevention of deceptive marketing. To prevent these measurements from becoming barriers to trade, the World Trade Organization through its Agreement on Technical Barriers to Trade tries to ensure that requirements do not create unnecessary obstacles to commerce. But, in some cases, governments try to promote development, competiveness or innovation of its domestic industries with indigenous technologies, setting technical standards that, for instance, can only be achieved by its national firms. This situation brings about trade frictions with other trading nations, which aim to compete in a trade liberalized scenario, and could start eventual trade disputes. This study will analyze the attempts to set technical standards in the high technology industries in Japan, China and Korea, explaining the government role in these policies, the analysis of these practices under the WTO commitments and its implications in the international trade environment.
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Abstract
Table of Contents
Chapter 1: Introduction
Chapter 2: Approaching to the concept of technical standards and its allocation in high tech industries
2.1 Technical Standards, meaning, importance and benefits
2.2 Standard setting mechanism
2.2.1 Network effects and de facto standards
2.2.2 Government intervention and de jure standards
2.2.3 Standard Setting Bodies and formal standards
2.3 Potential inefficiencies with standards
2.4 Technonationalism
2.5 Issues related with the WTO regime
Chapter 3: World Trade Organization Law regarding Technical Regulations
3.1 General Agreement on Tariffs and Trade (GATT)
3.1.1 Most Favoured Nation
3.1.2 National Treatment
3.1.3 General Exception
3.2 Technical Barriers to Trade (TBT) Agreement
3.2.1 Non discrimination
3.2.2 Least restrictive measure
3.2.3 The difference between GATT and the TBT Agreement
3.2.3.1 Domestic regulatory autonomy is not an exception as in GATT
3.2.3.2 International Standards
3.2.3.3 The Procedure of setting technical regulations under the TBT Agreement
3.3 WTO Jurisprudence: interpretations of the GATT and the TBT Agreement by the Dispute Settlement Body, about measures involving technical regulations and standards
3.3.1 EC-Asbestos (GATT)
3.3.2 EC-Sardines (TBT)
Chapter 4: Cases relating technical standards
4.1 Japan TRON
4.1.1 The Facts
4.1.2 The Issues
4.1.3 Analysis
4.2 China WAPI
4.2.1 The Facts
4.2.2 The Issues
4.2.3 Analysis
4.3 Korea WIPI
4.3.1 The Facts
4.3.2 The Issues
4.3.3 Analysis
4.4 Results and implications
4.4.1 Why these technical regulations had failed in their attempt to being implemented
4.4.1.1 Legal reasons
4.4.1.2 Market reasons
Chapter 5: Conclusions
References
