Since its accession with WTO, China has claimed that free trade agreement makes international trade liberal by reducing trade barriers, establishing a pleasant exchange and flow of goods and services, promoting economic corporation, and enhancing economic growth. As the free trade agreement is inefficacious in gaining mass global consensus, China’s constructive approach towards free trade has induced many debates. By discussing Marxist perspective on free trade, this study begins with analyzing the theoretical source of Marx’s ideas on free trade and aims to apprehend China’s approach towards free trade. The author uses descriptive and critical analysis to understand China’s approach towards free trade based on Marx’s early writings. Further to analyzes the economic and legal aspects of China’s free trade agreement, empirical analysis is used. The paper argues that free trade agreement is a progressive plan and neutral economic policy which can bring economic prosperity in any economy as it holds the potential to be the leading economic concept by offering win-win opportunities to both the Contracting parties.

China Pilot Free Trade Zone is a "policy practice zone," and China has already established 18 pilot FTZs since the approval of Shanghai Pilot FTZ in Sept. 2013. Pilot FTZs have become high grounds for Chinese economic reform through 'optimization of business environment', 'facilitation of investment & trade', and 'policy innovation in various fields such as financial services and real economy.' Construction of pilot FTZ has aggressively extended national strategies such as active service, construction of "One Belt, One Road" Initiative, cooperative development of Jingjinji Metropolitan region (Beijin-Tianjin-Hebei), integrated development of Yangtze River Delta Economic Zone, and revitalization of northeast China, etc. as well as collaboration with surrounding nations. Recent entry of new stage of China-Korea relations has great potential of complementary cooperation. As a "policy practice zone" of Chinese economic reform, Pilot FTZs have arranged business environment facilitated with legislation and internationalization, regulation system suitable for international trade-investment rules, and open financial environment through system innovation & reform in various fields such as investment, trade, and finance, etc. This is giving a new motivation for higher level and broadened area of China-Korea economic relations.

Millions of people worldwide use the Internet. One of the many uses derived from the Internet is the development of digital trade. Digital trade thus lends itself to distinctive issues. The WTO members recognized the benefits digital trade offers and have developed a work program to facilitate the digital trade. However, their efforts have stalled, slowing down the anticipated progress. The author will try to address how the WTO supports and deals with digital trade. This essay briefly discusses the historical advancement of the Internet; defines the concept of digital trade and its development in the international market; analyzes how existing WTO agreements have dealt with digital trade; and then addresses recent trade agreements particularly the USMCA. The USMCA was chosen because it involves the largest economy in the world and the US could use its provisions as template for future trade agreements

Since the traditional definition of ‘foreign elements’ cannot meet the new requirements of the arbitration of China’s FTZs, Chinese judicial practice must create a useful supplement to already established standards. In free trade zone arbitration cases, Chinese courts determine foreign elements based on the standards of subject, object, and legal facts. In this regard, the explanation for ‘other circumstances’ in the First Judicial Interpretation of the Supreme Court on Several Issues Concerning the Application of Law of the PRC on Foreign-Related Relations is based on the three abovementioned elements. The Chinese arbitration system and legislation must be further perfected; however, overly broad standards may impede China’s domestic arbitration system. Moreover, China must add certain restrictions to the standards: judges should distinguish the artificial foreign elements created by contracting parties, controversial civil relations should have a material connection with foreign countries, and discretion should be reasonable with sufficient nucleus.

Although the main objective of Free Trade Agreements (FTA) is market integration among member countries, there are limited studies supporting this impact. Our study explores whether FTA has enhanced market integration between South Korea and its FTA partners, focusing on South Korea’s fishery product import market. We investigate two research questions concerning FTA impacts: first, whether trade costs declined when South Korea imported fishery products from its FTA partners after the FTA; second, if the speed of the convergence of South Korea-its FTA partners’price differential of imported fishery products on trade costs result to occur more quickly after the FTA. To determine these outcomes, we utilize a Threshold Autoregressive Model covering the sample periods from January 2002 to April 2017. Our findings demonstrate the effects of FTA on market integration are different among FTA partners. FTA has enhanced the market integration between South Korea and Norway, Vietnam, and Spain, respectively, but not for others. Therefore, we find positive evidence of FTA on fishery import market integration between South Korea and Norway, Vietnam and Spain, respectively.

The impending British exit (Brexit) from the European Union has placed the UK’s investment policy at a crossroads. A post-Brexit UK will now have to reorganise its investment relationships with its economic partners through bespoke UK IIAs. This exercise will have to accommodate the shifting zeitgeist concerning the balance of investors’ rights and the right to regulate IIAs that is expected. This paper examines the continued relevance of the recently minted Investment Protection Chapter in the EU-Singapore Free Trade Agreement, acknowledged by Britain’s power brokers, as a persuasive model for the UK to emulate for this purpose. This is notwithstanding the uncertainties that now surround the implementation and efficacy of the Agreement in light of Brexit and a pending decision from the Court of Justice of the European Union. Such emulation would ultimately make for a better Investor-State Dispute Settlement System in the UK IIAs by providing a much needed update to its old investment treaty architecture.

The Framework Agreement for the ASEAN-China Free Trade Area was initiated in 2002. It is the first ASEAN Plus pattern free trade agreement in East Asia. To understand the cultural and historical bonds between China and Southeast Asian States, and contemporary Chinese regional political economy in building the ACFTA, this paper reviews the tributary trade and ancient Chinese diplomacy between China and the neighboring States. The primary purpose of this research is to show how the ACFTA is in the interests of all parties in the course of China’s fast economic and political growth. The following article highlights the ACFTA provisions by examining trading agreements in goods, services and investment in the context of the corresponding WTO provisions. In the end, it suggests the possible resolutions for achieving a win–win and interdependent ASEAN–China Free Trade Area.

The Korea-China Free Trade Agreement finally arrived at its preliminary settlement, in the 14th round of negotiations, held on November 10, 2014. This FTA is expected to function as an essential stepping-stone for future trilateral trade agreement between China, Japan and Korea. Further, it is anticipated to considerably contribute to shaping an integrated economic community for East Asia. Therefore, it assigns a diplomatic task of reconciling the speed of growth and harmonizing different systems of the three countries; it is beyond the matter of simple market invasion. This short paper aims to track the process to the settlement of the Agreement and analyze its sectorial substances, from the viewpoint of strategic and diplomatic dynamics in East Asia. The author thereby attempts to suggest a direction of future discussion towards joint subjects of cooperation.

The debate on whether antidumping law should be integrated into competition law is a relatively new but very significant one. Building on prior scholarship, this paper attempts to contribute to the debate by reexamining the fundamental justification of antidumping law. An exploration into the economic theories of dumping and the evolution of antidumping law indicates that the current antidumping system neither serves the broad goal of preventing ‘unfair trade’ nor functions as a ‘quasi-safeguard’ mechanism. The only rationale for antidumping law is that it deals with international predatory dumping. Modern competition rules target the same predatory conduct but they are more meticulous than antidumping law and are less susceptible to protectionist abuse. In light of this, the paper advocates the substitution of antidumping law by competition law. To achieve this, the paper suggests a gradual approach. Substitution could first be achieved in bilateral and regional trade areas before being implemented at the level of WTO.

Cooperation between China and the ASEAN has become more integrated as their common economic interests have been increasing due to globalization and recent changes in Southeast Asia. The formation and operation of the CAFTA provide incentive for investment and trade between China and the ASEAN. The objective of laws regulating to investment should promote investment, which can be realized through a liberal, facilitative and transparent investment regime. The CAFTA’s investment regime continues along with the same trends of international investment agreements in general. However, in order to encourage regional integration, it needs to be improved in future practice.

저작권 제도에 가장 큰 영향을 준 한미 FTA와 한EU FTA를 중심으로 개정 저작권법과 다른 내용이 무엇인지, 국내법에는 반영되지 않은 FTA 조항은 어떤 것이 있는지, 그리고 한미 FTA 협정문의 내용을 반영하지 않은 미국의 저작권법과 형법을 검토하였다. 개정 저작권법과 FTA가 저촉∙상충하는 내용은 온라인 서비스 제공자(OSP)의 책임 문제와 관련된 조항에서 가장 많이 발견되었는데, 주된 이유는 OSP의 면책 규정이 서로 다른 유럽연합의 전자상거래 지침과 미국의 저작권법을 FTA를 통해 그대로 수용하였기 때문이다. 한EU FTA에는 없는 “송신을시작하지않을것”“, 침해행위로부터 직접적인 금전적 이익을 받지 않을 것”이란 요건을 한미 FTA에 근거하여 개정 저작권법에 규정함으로써 한EU FTA 위반의 문제가 생길 수 있다. 그리고 OSP에게 일반적 감시 의무를 금지하는 한EU FTA 제10.66조에도 불구하고 저작권법 제104조를 그대로 존치하였고, 저작권법 제104조를 기초로‘웹하드 등록제’를 시행한 것은 한EU FTA의 지재권 조항은 물론 한미 FTA∙한EU FTA의 서비스 협정, 투자 협정 위반 문제도 제기될 수 있다고 보인다. 그리고 저작권자의 OSP에 대한 통지의 형식적 요건도 한미 FTA와 달리 반영하였고, 면책요건을 충족한 OSP에 대한 법원의 명령 제한도 임시 조치에만 적용되도록 한 입법의 불비도 발견되었다. FTA에는 있는 내용을 국내법에 반영하지 않은 것으로는 저작물의 정부 사용에 대해서는 법정손해배상을 청구할 수 없도록 한 한미 FTA 제18.10조 제6항 각주 29, OSP에 대한 일반적 감시 의무의 부과를 금지하는 한EU FTA 제10.66조, OSP에 대한 금지명령에서 법원이 고려해야 할 요소를 정하고 있는 한미 FTA 제18.10조 제30항 나목 8 등이 있다. 마지막으로 우리나라와 달리 FTA의 국내법적 효력을 부인하는 미국은 일시적 저장의 복제권 인정을 입법적으로 명확하게 해결하지 않았고, OSP 면책 요건을 한미 FTA와 다르게 규정하고 있으며, 기술적 보호조치의 우회 도구에 대해서도 그 적용 범위가 한미 FTA보다 더 좁은 현행 저작권법을 개정하지 않았으며, 불법 저작물 등에 사용되는 위조 서류 또는 포장의 밀거래에 대한 형사 개시 요건이 한미 FTA보다 더 좁은 형법의 규정을 손보지 않았다.

Economic globalization and regional economic integration have become the world’s two major trends of the world economy, with most countries pursuing broader economic development of space through the strengthening of national and regional economic and trade ties. The geographic proximity of China and ASEAN nations, both in terms of resources, industrial structure, and industrial and agricultural goods, among other things, is very complimentary, and the growth of economic and trade cooperation has a distinct benefit. Long-term “neighborly and friendly” strategic partnership relationships have provided a solid framework for the growth of economic and trade cooperation. The establishment of the China-ASEAN Free Trade Area can achieve a win-win situation by not only complementing each other and expanding bilateral trade and cooperation on a larger scale, but also strengthening overall competitiveness and its ability to resist risks. Friendly relations between China and ASEAN will be further consolidated and strengthened to improve the Chinese and ASEAN in East Asia and the Asian region’s political status and ability to deal with international affairs. This article proposes solutions to the challenges that exist in the China-ASEAN Free Trade Zone. The establishment of the China-ASEAN Free Trade Area will not only consolidate and strengthen China’s and ASEAN’s already friendly and cooperative relations, but will also further promote China’s and ASEAN’s respective economic development and regional cooperation and competitiveness. Finally, with the construction of the China-ASEAN Free Trade Area, China and ASEAN will enjoy the benefits of economic globalization and regional economic integration even more, face obstacles jointly, and contribute to the growth and stability of Asian and global economies.

The establishment of China-South Korea Free trade area has a positive role in promoting bilateral trade. By analyzing the current situation of China-South Korea trade, the features of China-South Korea Free trade agreement and using intra-industry trade index and other indicators, this article intuitively shows the impact of trade. According to the analysis of the trade effect on China and South Korea, it is concluded that the intra-industry trade keeps improving, the trade deficit of both sides keeps shrinking, and the regional creation effect is obvious, as well as relevant suggestions for enterprises to increase preferential efforts to ensure the activity of the Free trade area and improve the standardization of it.

Purpose – Since the formal establishment of diplomatic relations between China and South Korea in 1992, bilateral trade between China and South Korea has been developing steadily. To meet the trend of economic globalization and regional economic integration, the governments of China and South Korea formally signed the China-Korea Free Trade Agreement (FTA) in 2015. Taking the recent development of China-Korea trade in the new era as an entry point, this paper proposes suggestions for promoting the sustainable development of bilateral trade by analyzing the current situation of China-Korea trade development. Design/Methodology/Approach – This paper firstly analyzes the development status of China-Korea FTA by combing the data from the Ministry of Commerce of China, and further analyzes the current situation of bilateral trade between China and South Korea by quantitative analysis, and studies the specific impact of China-Korea FTA on the import and export trade between the two countries; finally concludes the above study and makes suggestions. Findings – The development of China-Korea FTA has an obvious role in promoting the trade between the two countries and helps to promote the economic development of both countries. Suggestions include: China and Korea should further expand the depth of bilateral trade cooperation; use the China-Korea FTA to realize the upgrading of industrial structure of both countries; use the China-Korea FTA to expand bilateral cooperation in foreign investment services. Research Implications – The study of the trade effects of the FTA between China and Korea helps both countries to make full use of the opportunities brought by the establishment of the FTA, identify the problems in bilateral trade between China and Korea, and provide policy recommendations for achieving a win-win situation for both countries.

Purpose: As one of the most developed cities in China, the application of e-commerce is more mature, especially the promotion of ecommerce to foreign trade. After the establishment of Shanghai Free Trade Zone (FTZ) in 2013, the government issued a series of policies to promote the application of e-commerce in Shanghai's foreign trade. This paper takes Shanghai FTZ as an example to study how to develop the application of e-commerce in other free trade zones and how to innovate the international trade mode. Research design, data and methodology: This paper selects the latest data from 2010 to 2019, uses econometric correlation analysis and regression analysis to study the impact of e-commerce on the foreign trade of Shanghai FTZ. Results: At last, the conclusion is drawn that the establishment of free trade zone provides many advantages for the development of e-commerce in Shanghai, and the growth of e-commerce in Shanghai FTZ promotes the development of foreign trade of Shanghai FTZ. Conclusions: So as to promote the development of e-commerce in Shanghai Free Trade Zone, some suggestions are put forward, such as increasing network supervision, establishing e-commerce talent training system, logistics management and information management systematization.

With the continuous development of northeast Asian integration, the establishment of free trade zones between China, Japan and South Korea has become a development trend. This paper USES the GTAP model to simulate the changes and impacts brought by the reduction of agricultural tariffs in the free trade zones of China, Japan and South Korea on agricultural trade. The research results show that: first, the gradual reduction of tariff barriers for agricultural products of China, Japan and Korea will have a greater trade effect on China; Second, the creation effect of China-south Korea trade is far greater than that of China and Japan. Third, the reduction of agricultural tariffs will promote the growth of the overall economic aggregate of the three countries and change the terms of trade.

2013년 중국(상해)자유무역시범구의 출범에 따라 중국 최초의 네거티브 리스트가 공표되었다. 네거티브 리스트 패러다임은 자유무역시범구에서의 시범적 운영을 거쳐 전국으로 확산되는 과정을 거쳤다. 외자 진입 네거티브 리스트 패러다임의 도입은 내국민대우원칙을 운영단계로부터 진입단계로 확장시켜 투자자유화 수준을 제고시키고 중국에서 외자관리체제의 근본적인 혁신이라 볼 수 있다. 본 연구에서는 기존문헌을 바탕으로 중국 자유무역시범구에서 실시된 네거티브 리스트 패러다임의 도입한 배경, 추진과정, 주요내용과 특징 등을 살펴보고 의미와 문제점을 분석하여 이의 개선방안과 한국에 대한 시사점을 제시하였다.