East Asia has huge potential for economic development in the 21st century. This has already lead to a more active and substantial role for the region in the world trading system. Indeed, with the current growth of China - it has already overtaken the UK to become the world's fourth-largest exporter - there is little doubt that, economically, the region will continue to power ahead. As ever, it is the political and legal frameworks in
China has recently shown a remarkably high growth rate. Korea and Japan are currently negotiating a Free Trade Agreement (FTA) that would embrace comprehensive economic cooperation, and with China currently acting as the main driver of growth in the region, they are both currently enjoying significant recoveries Already politicians are attempting to drive forward a free trade area in East Asia including not only China, Korea, Japan, Taiwan and Hong Kong but also ASEAN countries.
In this volume, experts on WTO and international trade John Jackson, Thomas Cottier, William Davey and Mitsuo Matsushita amongst others - from Asia, Europe and the United States examine various legal, economic and policy aspects of the multilateral as well as the regional trading system. A wide range of WTO and FTA issues have also been addressed with new perspectives on the basis of the East Asian experience.
Contents in Brief with contributor biographies
FOREWORD by Ms. Kum-Sil Kang (Minister of Justice of Korea)
PREFACE
PART I. Reflection on the WTO System
Chapter 1. The WTO Institution and Constitution: Evolution and Prospects, John H. Jackson, University Professor of Law, Georgetown University Law Center, and Director, Institute of International Economic Law at GULC
Chapter 2. WTO Disciplines under the IMF Program: Congruence or Conflict?, Dukgeun Ahn, Director, WTO & Trade Strategy Center; KDI School of Public Policy and Management, KOREA.
Chapter 3. The Special Safeguards Clause in WTO Trade Relations with China: (How) will it work?, Marco Bronckers, Professor of Law, University of Leiden; Partner, Wilmer Cutler Pickering LLP, Brussels.
Chapter 4. The Balance Of Power In WTO Decision-making: Towards Weighted Voting In Legislative Response, Thomas Cottier, Professor of European and International Economic Law, Managing Director, World Trade Institute and Department of Economic Law of the University of Berne, Switzerland & Satoko Takenoshita, World Trade Institute, Switzerland and Department of Law and Economics of University of Bologna, Italy.
Chapter 5. Reforming WTO Dispute Settlement, William Davey, Edwin M. Adams Professor of Law, University of Illinois College of Law.
PART II. Experience of East Asian Members in the WTO System
Chapter 6. Beyond Aggressive Legalism: Japan and the GATT/ WTO Dispute, Ichiro Araki, Professor of international economic law at Yokohama National University.
Chapter 7. Food Security and the Doha Development Agenda, Negotiations on Agriculture: A Korean Perspective Seung-Hwan Choi, Professor, College of Law, Kyung Hee University, Seoul, Korea.
Chapter 8. Legal Regime for Implementation of WTO Agreement in Korea, Moonsoo Chung, Professor, School of International Trade and Regional Studies, Inha University, Korea.
Chapter 9. Trade Remedy System Under the Chinese Law, Yongfu Gao, Professor at the Law School of the Shanghai Institute of Foreign Trade and the Associate President at the Shanghai WTO Affairs Consultation Centre in Shanghai, China.
Chapter 10. Overview on the State of WTO Dispute Settlement Involving the ASEAN+3, Nohyoung Park, Professor of Law at Korea University and Director of the International Economic Law Institute of Korea (INTELIK).
Chapter 11. WTO and China's Legal System, Sibao Shen, Dean, School of Law, University of International Business and Economics.
Chapter 12. China's WTO Accession and Making of Trade Policy, Yong Wang, Associate Professor at the School of International Studies and the Executive Director of the Center for International Political Economy at Peking University.
Chapter 13. China as a WTO Member First Two Years, Yuqing Zhang, Professor, Director General of the Department of Treaty and Law at the Ministry of Commerce, China & Guohua Yang, Director for WTO Legal Affairs, the Department of Treaty and Law at the Ministry of Commerce, China.
PART III. East Asian Perspectives on the WTO WTO Issues
Chapter 14. Interaction between Trade and Competition: Why A Multilateral Approach for the United States?, Seung Wha Chang, Professor of Law, Seoul National University; Visiting Professor of Law, Duke Law School & University of Tokyo (Spring 2004).
Chapter 15. The Future of the WTO System: With or Without Income Tax Regime?, Youngjin Jung, Attorney, Lee & Ko, Korea (Members of Korea and New York Bar Associations).
PART IV. REGIONAL ECONOMIC INTEGRATION
Chapter 16. Rethinking APEC: A New Experiment for a Post-Modern Institutional Arrangement, Sungjoon Cho, Assistant Professor of Law, Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, Illinois, USA.
Chapter 17. Making a Better Dispute Settlement Mechanism for Regional Trade Agreements: Lessons of Integration Efforts in East Asia, Won Mog Choi, Professor, College of Law, Ewha Womans University.
Chapter 18. FTA Rules of Origin and Asian Integration: Origin Rules and Certification, Norio Komuro, Professor of Law, Kobe University Law School.
Chapter 19. Legal Aspects of Free Trade Agreements: In the Context of Article XXIV of the GATT 1994, Mitsuo Matsushita, Professor emeritus of Tokyo University and former member of the Appellate Body, WTO
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