Trade Law and Regulation in Korea

Trade Law and Regulation in Korea

Elgar Korean Law series

Edited by Seung Wha Chang and Won-Mog Choi

In the face of rapid development of the Korean economy, Korean trade laws and regulations have changed in many different ways over the last few decades. This comprehensive book introduces the laws and regulations affecting trade with Korea.

Chapter 2: The Export Control System

Seung-Hwan Choi

Subjects: asian studies, asian economics, asian law, economics and finance, asian economics, international economics, law - academic, asian law, international economic law, trade law

Extract

Seung-Hwan Choi INTRODUCTION This chapter introduces Korean laws and regulations for the export control on strategic items. In general, “strategic items” mean products, commodities, software and technology with dual-use, i.e. with military as well as civilian uses, which may be used for the design, development, production or use of weapons of mass destruction (WMD) and/or conventional weapons and their means of delivery. Because of the heightened concerns over terrorism and national security raised by the attacks of September 11, 2001, export controls and nonproliferation have become major issues for the maintenance of international peace and security. Export controls have not only economic objectives but also political and national security objectives. Export controls may, for example, be used to: (i) conserve domestic commodities in short supply; (ii) conserve limited natural resources; (iii) avoid unacceptable domestic price rises; (iv) limit the military and economic capabilities of other countries; (v) impose economic sanctions against a country which has violated international law.1 Export controls on strategic items have been used for the maintenance of international, regional and national security. Export controls for national security may be justified as lawful under the General Agreement on Tariffs and Trade 1994 (GATT 1994) (Article XXI)2 and the World Trade Organization (WTO) Agreements.3 1 M. Matsushita, T. Schoenbaum and P. Mavroidis, The World Trade Organization: Law, Practice, and Policy (Oxford University Press, 2003), p. 217. 2 GATT 1994, Article XXI (Security Exceptions): Nothing in this Agreement shall be construed (a) to require any contracting party to furnish...

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