농산물무역분쟁해결에 있어서 농업협정과 분쟁해결기구의 역할

The Role of the Agreement on Agriculture and Dispute Settlement Body in the Agricultural Trade Dispute Resolution

The Agreement on Agriculture(AoA) aims to establish a fair and market-oriented agricultural trading system by providing forseeable rules governing agricultural trade. It aims to liberalize agricultural trade in three principal ways: increase of market access, reduction of both domestic support and export subsidy. However, the AoA has a lack of due consideration for non-trade concerns such as food security and environmental protection. It failed to balance the interests of food-exporting and food importing countries. It has no provision on food security, and no definition on food security. It does not adequately and equitably address the food security needs of developing and developed countries. The Dispute Settlement Understanding provides impartial and transparent rules and procedures for the settlement of trade disputes among members, and contributes to foster the implementation and application of the WTO Agreements. The dispute settlement system of the WTO is a cental element in providing secuirity and predictability to the multilateral trading system. The Dispute Settlement Body functions very much like a court of international trade: there is compulsory jurisdiction, disputes are settled by applying rules of law, decisions are binding on the parties. It supervises the implementation of the WTO Agreements. Prompt compliance with recommendations or rulings of the DSB is essential in order to ensure effective resolution of disputes to the benefit of all members.