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자료유형
학술저널
저자정보
채은선 (성균관대학교)
저널정보
강원대학교 비교법학연구소 강원법학 江原法學 제35(Ⅰ)권
발행연도
2012.2
수록면
111 - 134 (24page)

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초록· 키워드

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Two great financial crises occurring in 1997 and 2008 have showed that a financial crisis could spread to other countries, even to the world. And due to the importance of finance, each one of countries has been equipped with a variety of prudential measures. In this situation, there is a problem in that such prudential measure are different from one another and may affect trade in services negatively. Especially, through financial crises of 1997 and 2008, it has been proved that it is possible for even governmental measures for restructuring to have potentially adverse effects on trade in services and services suppliers and also to restrict competition.
The Annex of financial Services of General Agreement on Trade in Services (hereafter, the GATS Annex), which is the only one to cover prudential measures among the World Trade Organization (hereafter, the WTO) Agreements, allows its members to take prudential measure with no reference to a little definite standards to be complied. Therefore, the GATS including the GATS Annex has failed to give practical and unambiguous guidelines to the members.
For these reasons, this article tried to look into the directly relevant provisions with prudential measures and induce likely prudential standards. One is the appropriate extent of prudential measure considering what other international financial Organization have suggested and the other thing is mutual recognition between two members or among some of the members.
Recently, we have been experiencing some great or small financial crises and have modified prudential laws and regulations for responding to them. It should be noticed that it is obvious that these measures are necessary and, at the same time, could be harmful to trade in services and especially services suppliers established in the host country.

목차

Ⅰ. 문제의 제기
Ⅱ. GATS상 금융 건전성 조치 개관
Ⅲ. GATS상 금융 건전성 조치의 한계
Ⅳ. 맺는 말
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〈Abstract〉

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