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Limitations of Multilateral Approach for Establishing E-Commerce Trade Law

  • DONG-A LAW REVIEW
  • 2018, (78), pp.377-404
  • DOI : 10.31839/DALR.2018.02.78.377
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : January 25, 2018
  • Accepted : February 22, 2018
  • Published : February 28, 2018

HYUNHO KWON 1

1성신여자대학교

Accredited

ABSTRACT

This article mainly dealt with lots of multilateral approaches to the formulation and limitation of electronic commerce law in the WTO. In case of multilateral trading system, this paper not only concentrated on some trade legal issues in the GATT system, but also examined the problems of application for trade in services law. For these context, this article firstly focused on the on-going WTO negotiations, but could not find a realistic solution for leading to a conclusion of any multilateral legal system. Although for the time being it would be rather difficult to have a decision, WTO Members need to make more active efforts to solve this legal issues within the multilateral system considering legal stability and predictability. However, it’s really difficult to fill the gap in the position of e-commerce trade law between U.S. and EU. Finally, this article showed the limitation of multilateral trading system, and evaluated a relative concreteness and possibilities of establishment of e-commerce trade law leaded by the U.S., a dominant power actor in multilateral and bilateral trade circumstance. As a result, negotiations in the WTO, including electronic commerce, are likely to be developed through multilateral negotiations among countries with similar interests in accordance with the United States. At the same time, the system for multilateral trade liberalization through the WTO seems to be the time to pursue a new paradigm of e-commerce and trade itself, with the preparation of new negotiation methods and changes.

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