A Study on the Regulations of Trade Remedies in Preferential Trade Agreements: Proposals on an East Asia FTA

Since the World Trade Organization is established, Preferential Trade Agreements (PTAs) proliferate. Most countries in East Asia also have concluded many PTAs with the countries in the region or the countries in other continents. Based on this situation, this dissertation examines the motivations for PTAs and the networks of PTAs, and claims that an East Asia FTA is viable although there are some obstacles to overcome. However, this dissertation also expects that an East Asia FTA is not likely to eliminate all trade remedies from the trade between the parties to it from the beginning of its establishment, even accepting the notion that trade remedies would be eliminated from PTAs eventually. Thus, a viable solution would be a compromise. This dissertation provides viable proposals for the provisions on trade remedies of a possible East Asia FTA, considering the fact that an East Asia FTA will consist of many countries in different stages of economic development. For this purpose, provisions on trade remedies of existing PTAs are examined. Through examining and comparing the provisions on trade remedies of various PTAs, more viable suggestions are presented. Then, this dissertation also provides some proposals for an East Asia FTA on the forum for dispute settlement regarding trade remedies, assuming that an East Asia FTA may impose special rights and obligations on the parties to it by adopting provisions which amend the WTO disciplines. Since the negotiations for an East Asia FTA have already been launched, this dissertation is timely and will be helpful to the negotiations for trade remedies of an East Asia FTA.