WTO 협정시행상의 문제점

The World Trade Organization(WTO) has become one of the three pillars of the world economic order, joining the Bretton Woods twins: the International Monetary Fund (IMF) and the World Bank Group. Almost fifty years after the failure of creation of an International Trade Organization (ITO) in 1948, the global economic order was finally completed. The world trade volume of nearly six trillion U.S. dollars(1995) is indicative of the paramount economic importance of international trade for economic growth and sustainable development. Trade is not an end in itself, it is, rather, a means of contributing to continuous development, including employment, satisfaction of basic needs, food security and environmental protection. The process of economic globalization is increasingly undermining and constraining the outreach of national policy. Consequently national law conflicts with the multilateral trade rules and is restrained by it. Role of both the WTO itself and the Member states therefore is highly important for the sake of construction of optimum trade flows in terms of the principal axis of the global trade order. This is directly connected with the level of self-fulfillment of accountability in the operation of the WTO regime. But the WTO regime has many loopholes in itself. The main goal of this thesis is, ① to scrutinize and systematize the problems in the operation of the WTO regime; conflict of law, role of private parties, holes and loopholes and DSM(dispute settlement mechanism) and TPRM (trade policy review mechanism) and ② to suggest the alternatives to enhance self-fulfillment of accountability in the WTO. In a first phase to contemplate the problems of the operation in the WTO, questions such as the following are answered: ⓐ how to solve the WTO and national conflict of law rules? ⓑ what is the role of private parties both in the WTO and in the Member States level in influencing respective positions? (c) how to block loopholes to escape intentionally the WTO regime? ⓓ what is the problems in the enforcement of DSM and TPRM? ⓔ what is the issues related to the balance of power? ⓕ to what extent is access to information secured? ⓖ do parliaments play a role in shaping trade policy, and in what way? ⓗ what negotiating capacities are available to work on multilateral trade issues? ⓘ what are the national procedures leading to governmental negotiating positions? In a second step, conclusions and proposals are offered on how to improvement accountability; ① at the multilateral (the WTO) dimension, ② at the national dimension, ③ both at multilateral and national dimension.