WTO 「농업협정」의 평가와 전망

An Estimation of and Prospect for the WTO 「Agreement on Agriculture」 through the Agricultural Trade Dispute Settlement Cases

Upon concluding the "Bali Package" at the WTO 9th Ministerial Conference, held in Bali of Indonesia in December 2013, this article estimates and prospects the meanings and achievements of the WTO 「Agreement on Agriculture」(AoA), particularly through the agricultural trade dispute settlement cases. Since the adoption of the AoA, the agricultural trade dispute settlement cases have significantly increased compared with the past GATT, in both number and ratio. Through these cases, the AoA, combined with the WTO 「Dispute Settlement Understanding」(DSU), has been estimated to contribute to the establishment and development of a more market-oriented and rule-based agricultural trade system. As representative dispute settlement cases in the field of agricultural trade under the WTO multilateral trade system, Canada - Dairy, Chile - Price Band System, EC - Export Subsidies on Sugar, US - Upland Cotton, etc., particularly dealing with whether the domestic agricultural support policies and programs, such as the farm price support system and agricultural subsidies, are consistent with the WTO obligations, have often been talked about on the implications of WTO agricultural trade litigation through the AoA and DSU for not only domestic agricultural policies but also WTO agricultural trade negotiations. These dispute settlement cases have presented a direction in conflict resolution based on rules and regulations, established a legal standard of domestic agricultural policies based on the WTO obligations, and provided a useful guidance for agricultural negotiations based on the coordination of mutual interests. In conclusion, the AoA has played an important role in propelling both internal reforms and external negotiations through diverse and rich experience of agricultural trade dispute settlement, which has resulted in the progress of market-oriented and fair trade liberalization of agricultural products. Based on this recognition, policy makers and negotiators should effectively use the agricultural trade dispute settlement experience as a useful normative and political tool for agricultural policy reforms as well as negotiations.