지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
This article concerns major issues of the Korea-U.S. beef agreements on import health requirements for U.S. Beef and Beef Products, which refers to a series of agreement and exchanged letters between April 2008 and June 2008. The issues are to be divided into two dimensions: international and domestic arena. At international law level, the author has firstly classified the legal status of the beef agreements as treaty provided in the article 2(1)a of the 1969 Vienna Convention on the Law of Treaties. Secondly, the author reviews the relationship between the beef agreements and WTO/SPS, summarizing the beef agreements have the subordinate status to the WTO/SPS. Thus according to the second exchanged letter, if a dispute is broken out, the SPS agreement will prevail the article 5 of the beef agreement which sets a condition in case of beef import suspension by Korean Government. Thirdly, the author describes the jurisprudence of SPS related to the issues in case of the import suspension such as: mutual relationship between GATT and SPS, burden of proof, legal status of OIE's recommendation, precautionary principle. In conclusion, at domestic law level, the author warns the imminent conflicts between the beef Notice 2008-15 of the relevant Minister, materializing the beef agreement, and its superior Act on the Prevention of Contagious Animal Diseases should be avoided, advancing several policy-oriented proposals.
#2008년 한미 쇠고기합의서
#국제법과 국내법의 관계
#조약의 정의
#미국산 쇠고기 등의 수입위생조건
#WTO 위생 및 검역협정
#가축전염병예방법
#2008 Korea-U.S. Beef Agreements
#Relationship between International Law and Domestic Law
#Definition of Treaty
#Import Health Requirements for U.S. Beef and Beef Products
#WTO Sanitary and Phytosanitary Agreement
#Korean Act on the Prevention of Contagious Animal Diseases
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