ScholarWorks@숙명여자대학교

초록

This paper addresses the issue of transnational subsidies that has emerged in the current turbulent international trade order. Transnational subsidies are an act where a specific country crosses borders to provide a financial contribution to a third country’s enterprises and industries. This is a new type of subsidy that the WTO Agreement on Subsidies and Countervailing Measures (ASCM) fails to regulate. Major countries’ independent measures to respond to this normative gap are causing significant controversy in terms of legality under the international trade law. This paper first examines the conceptual characteristics of transnational subsidies and derives legality assessment criteria from the WTO panel report on ‘EU-Indonesia Stainless Steel Cold-Rolled Flat Products’. Based on this, the paper analyzes U.S. and EU cases and assesses their WTO consistency. Furthermore, the paper diagnoses the impact of these responses by major countries on Korea's trade environment and suggests future tasks. Through this, the paper aims to shed light on the legal issues and dilemmas in regulating transnational subsidies and contribute to the establishment of Korea's strategies for responding to unfair trade practices.

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