중국의 WTO 분쟁해결제도 이행에 관한 연구

학위논문 (석사)-- 서울대학교 대학원 : 국제대학원 국제학과(국제통상전공), 2018. 8. 안덕근.China is often portrayed as flouting international law and disregarding international tribunals. Yet, in the World Trade Organization (WTO), China boasts an impressive track record of good compliance with adverse rulings. This is in stark contrast to other major economies, such as the United States and the European Union, which have frequently prolonged cases and resisted modifying their regulations in accordance with WTO rulings and recommendations. In this light, this study considers how China has been able to achieve such a record of compliance despite its continued adherence to trade-restrictive industrial policies. The dissertation first studies how China has specifically implemented WTO dispute rulings concerning three of its key strategic sectors: the renewable energy, automobile, and steel industries. Then, Chinas post-WTO dispute policies are examined to analyze the domestic restructuring and changes in priority. This will help to better understand Chinas pattern of compliance in relation to its industrial policy. This paper argues that China has shown good compliance because the restructuring of its domestic industries and policy changes due to rapid industrial growth have outpaced the WTO Dispute Settlement System. The case studies presented herein suggest that China has implemented the rulings when the contested measures were no longer needed, had expired or had been subsequently replaced by the time it was required to make changes. In this way, China has both achieved its domestic industrial goals and maintained a record of good compliance. This paper aims to provide insight into how the current Dispute Settlement System allows for China, and other WTO members alike, to navigate the systems limitations and to help to understand Chinas behavior as a key player in the international trading regime.I. Introduction 1 II. Literature Review 4 1. Existing Literature and Limitations - 4 2. Research Methodology - 9 2.1. Research Question - 9 2.2. Methodology 9 III. Implementation Issues in the WTO Dispute Settlement System 12 1. Overview of WTO DSS 12 1.1. The Panel Process - 13 2. Implementation Related Articles in the DSU 15 3. Examples of Non-Implementation Issues 16 3.1. SustainedNon-Compliance- 16 3.2. Delayed or Disputed Implementation 18 3.3. Inadequate Implementation - 19 4. Chinas Current Record of Compliance with the WTO DSS 21 IV. Case Studies 24 1. Wind Power Equipment (DS419) - 25 1.1. The Strategic Importance of the Wind Turbine Industry - 25 1.2. Background to the China-Wind Power Case and the WTOs Decision 27 1.3. Implementation- 29 1.4. Analysis - 30 2. Auto Parts (DS339/340/342) - 38 2.1. The Strategic Importance of the Automobile Parts Industry - 38 2.2. Background to the China-Auto Parts Case and the WTOs Decision 42 2.3. Implementation and Post-Dispute Policies - 45 2.4. Analysis - 47 3. Grain Oriented Electrical Steel (DS414) - 55 3.1. The Strategic Importance of the Steel Industry 55 3.2. Background to the China-GOES Case and the WTOs Decision 60 3.3. Implementation and Post-Dispute Policies - 62 3.4. Analysis - 65 V. Conclusion - 76 Bibliography- 79 Abstract(Korean) 84Maste