ScholarWorks@숙명여자대학교

초록

Since the domestic regulation provisions of the GATS are not sufficient to satisfactorily resolve domestic telecommunications disputes, the WTO Reference Paper on Basic Telecommunications Services introduced the interconnection recourse clause for the first time at the WTO level, and subsequently, the US and the EU in particular have included ‘general’ telecommunications dispute resolution provisions specialized for domestic telecommunications disputes into their FTA telecommunications chapters or sections. In other words, the US modeled US-style FTA telecommunications dispute resolution clauses based on the relevant provisions of the Communications Act of 1934, and the EU has also developed its EU-style FTA telecommunications sections consistently with the EU Framework Directive and the EECC Directive. The WTO/FTA telecommunications dispute resolution clauses consist of (1) recourse clauses comprised of an interconnection recourse clause and a matter-specific recourse clause and (2) appeal clauses relating to administrative and/or judicial review of a decision of a telecommunications regulatory body. This paper categorizes FTA telecommunications chapters or sections into eight types and examines the presence and characteristics of telecommunications dispute resolution clauses in more than 40 FTAs. Specifically, this paper elucidates the differences between interconnection recourse clauses and matter-specific recourse clauses, explores the features of the matter-specific recourse clauses of US-style FTAs and EU-style FTAs, and reviews some approaches to the interpretation of FTA matter-specific recourse clauses. With regard to the appeal clauses of the WTO/FTA telecommunications chapters or sections, it analyzes the standing or locus standi requirements by FTA type, examines the influence of the legal interest factor on the standing to sue question, and surveys the provisions about non-suspensive effect of appeals by FTA type. Then, with respect to the new changes in the telecommunications dispute resolution provisions, it introduces the new provisions related to telecommunications services included in the recent draft text of the WTO E-commerce Agreement and in the FTAs recently concluded by the EU, and considers the impact of the EECC Directive on these new provisions. Finally, this paper suggests a reasonable interpretation of the matter-specific recourse clauses and puts forward some ideas to solve the issues of inconsistency with domestic laws or regulations which might be raised by the reconsideration clauses based on the Communications Act of 1934 or the new WTO/FTA provisions based on the EECC Directive.

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