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Editorial Note

Editorial Note Vol. 2 No. 2 of the Korean Journal of International and Comparative Law begins with “Revisiting the Role of Anti-Circumvention Provisions Under the wto Agreement: Lessons for East Asia” by Professor Tomohiko Kobayashi of Otaru University of Commerce in Japan. He looks at the phenomenon of circumvention in the context of Article 10 of the wto ’s Agreement on Agriculture, which specifically mandates non-circumvention in the use of export subsidies and non-commercial transactions in regards to export subsidy commitments by member states. Professor Kobayashi looks at the drafting history of Article 10 and concludes that the article itself was both carefully drafted and not clearly defined within the Agreement and the wto Agreement as a whole. According to him, this is very problematic as the provision is ambiguous. He then proceeds to examine its impact on the role of exporting state trading enterprises and concludes that Article 10 is unable to adequately address the problem of circumvention in that these enterprises appear to fall out of the ambit of Article 10 due to significant loopholes. Professor Kobayashi then examines various approaches that might be taken to resolve these problems. He first looks to the possibility of amending the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Korean Journal of International and Comparative Law Brill

Editorial Note

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Publisher
Brill
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
Subject
Other
ISSN
2213-4476
eISSN
2213-4484
DOI
10.1163/22134484-12340036
Publisher site
See Article on Publisher Site

Abstract

Vol. 2 No. 2 of the Korean Journal of International and Comparative Law begins with “Revisiting the Role of Anti-Circumvention Provisions Under the wto Agreement: Lessons for East Asia” by Professor Tomohiko Kobayashi of Otaru University of Commerce in Japan. He looks at the phenomenon of circumvention in the context of Article 10 of the wto ’s Agreement on Agriculture, which specifically mandates non-circumvention in the use of export subsidies and non-commercial transactions in regards to export subsidy commitments by member states. Professor Kobayashi looks at the drafting history of Article 10 and concludes that the article itself was both carefully drafted and not clearly defined within the Agreement and the wto Agreement as a whole. According to him, this is very problematic as the provision is ambiguous. He then proceeds to examine its impact on the role of exporting state trading enterprises and concludes that Article 10 is unable to adequately address the problem of circumvention in that these enterprises appear to fall out of the ambit of Article 10 due to significant loopholes. Professor Kobayashi then examines various approaches that might be taken to resolve these problems. He first looks to the possibility of amending the

Journal

Korean Journal of International and Comparative Law – Brill

Published: Nov 18, 2014

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