WTO DDA 수산보조금 규범협상 논의 동향 및 시사점

류예리(Ryu, Yeri) 한양법학회 2017 漢陽法學 Vol.28 No.3

Discussion on fisheries subsidies has began to negotiate actively since tenth WTO ministerial conference in 2015. This paper analyzes the EU proposal on fisheries subsidies before eleventh WTO ministerial conference taking place in 2017. The reason that EU submitted the proposal is to prohibit capacity-enhancing subsidies which contribute to overcapacity and overfishing and establish transparency scheme of special and different treatment based on international law. EU proposal clearly provides that regulations of fisheries subsidies prohibited shall not apply to fuel-detaxation schemes. Hence, the Korean government needs to refer to the EU proposal about fuel-detaxation which can be the most effective issue to the Korea. It is also worth to note that EU proposal presents 3 types of fisheries subsidies prohibited, and has no catch all provision. The future Korean proposal also needs to consider the article because it is directly related to the scope and conditions of application. Additionally, EU proposal implies strong arguments about establishment of transparency schemes and special and differentiate treatment between developing countries and developed countries. Therefore the Korean government should prepare for the priorities of the fisheries subsidies to negotiate referring proposals by WTO member countries including EU.

국제환경조약에서의 합성생물학 규제에 관한 논의 동향 및 쟁점

류예리 ( Ryu Ye-ri ) 경상대학교 법학연구소 2020 법학연구 Vol.28 No.2

This paper describes trends and issues of synthetic biology that began to be discussed in the Convention on Biological Diversity since 2010. However, there is no international consensus on the concept and scope of synthetic biology. This paper first attempts to explain the history and background which synthetic biology began to be discussed in the highest decision-making bodies and subsidiary bodies of the Convention on Biological Diversity and its protocols. Next, this paper will analyze the main issues of what the Convention on Biological Diversity and its protocols; First, the applied precautionary approach as a basis for regulating synthetic biology, second, the concept and scope for the legal status of synthetic biology, third, whether organisms, components, and products generated by synthetic biology are applicable to the existing Cartagena Protocol, Fourth, digital base sequence information of genetic resources, which is a key element used in synthetic biology, is subject to Nagoya Protocol, fourth, whether digital sequence information of genetic resources applies to Nagoya Protocol, that is, access and benefit sharing. Lastly, based on the background and major issues of synthetic biology discussed above, this paper presents the tasks and directions that Korea should implement in the future. Korea, which seeks to foster synthetic biology that plays a key role in the food, fuel and medical sectors, opposes the regulation of synthetic biology along with other developed countries. In other words, the Cartagena Protocol, which regulates genetically modified organisms, is sufficient to regulate synthetic biology, so there is no need for separate regulation on synthetic biology. In this paper, although it is difficult to present concrete and systematic countermeasures to protect the domestic bio-industry using synthetic biology, it is intended to briefly present the general tasks and directions.

생물다양성협약과 부속의정서에서의 정보공유체계 비교 연구 -나고야의정서 ABS Clearing House를 중심으로-

류예리 ( Ye Ri Ryu ) 한국환경법학회 2015 환경법연구 Vol.37 No.1

Article 14, paragraph 1 of the Nagoya Protocol provides to establish clearing-house as a part of clearing-house mechanism under Article 18, paragraph 3 of the Convention. Since Nagoya Protocol came into effect, ABS-CH has been now fully operating after revising and updating through pilot phase proposed during ICNP(The Open-ended Ad Hoc Intergovernmental Committee for the Nagoya Protocol on ABS). And then at the COP-MOP 1(First meeting of the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol on ABS), the modality of ABS-CH has finally taken as a type of annex. However, technical problems of ABS-CH is still proposed by IAC((Informal Advisory Committee) and accepted feedback of parties and non-parties. This paper, first of all, shows the characteristics of ABS-CH through the comparison of clearing house mechanism among Convention and its protocols(II). Then the paper also provides modality of ABS-CH and its procedures(III), and at chapter IV, analyzes decision of COP-MOP 1 and its national arrangement regarding ABS-CH.

한-중 FTA 문화서비스 분야 합의사항 및 후속 협상 방안 연구 -엔터테인먼트 산업을 중심으로-

류예리 ( Ye-ri Ryu ) 경상대학교 법학연구소 2016 법학연구 Vol.24 No.3

The Korean government needs to do its utmost to maximize the effects of the subsequent negotiations on services of the Korea-China FTA, which will be commenced in two years. In order to lead China to open its market in a comprehensive way, it is first necessary to clearly understand the contents and problems of the past negotiations on services of the said FTA. For example, the scope of China’s liberalization in entertainment services is very narrow and similar sectors were not liberalized, hence little effect of a comprehensive liberalization. Second, Korean entertainment companies in China need to expand their business into broader regions and diversify the mode of such expansion. Most performance management agencies are currently supplying services in Beijing only through Mode 3, but they need to give preferential consideration to supplying services through Mode 1. It should also be understood that China has different supportive policies by region depending on the types of cultural services industries. Although China opened its market for Mode 3 under the Korea-China FTA, its domestic regulations are still in place on the entry of foreigners into China’s entertainment services markets. Even though China opened some entertainment services sectors under the abovementioned FTA, further discussion is needed on China’s domestic laws and systems which may act as an obstacle. At the subsequent negotiations, it is considered that, particularly regarding entry into China through Mode 3, the Korean side can request for relaxation of procedures to enter the Chinese markets and improvement of transparency in the assessment and authorization system. Lastly, it is also needed to provide legal and institutional frameworks for stable entry into China of Korean entertainers by linking Mode 3 and Mode 4. Without ensuring free entry into China of Korean entertainers, which is a fundamental part of Korea’s entertainment industry, the inherent limitations in such entry cannot be overcome. Therefore, a protocol on cultural cooperation should be adopted as part of the Korea-China FTA, like the Korea-EU FTA, to supplement the defects in entry into China through Mode 4. China has been very reluctant to open its services markets so far, but the nation is now recognizing the importance of promoting development of trade in services for continued economic growth and opening its markets. Since 2005, China has adopted a series of measures to accelerate development of services industries acknowledging the potential of services sectors to contribute to enhancing the nation’s competitiveness. Therefore, services negotiations with China will not be conducted in a favorable way only to Korea. In addition, the Korean side should also keep in mind during the negotiations that Korea will have to compete with Hong Kong and Taiwan in the Chinese entertainment services markets.

중국 나고야의정서 이행입법(안)의 주요 쟁점 및 시사점

류예리 ( Ryu Yeri ) 한국환경법학회 2017 환경법연구 Vol.39 No.2

China finally made public the draft of regulation to implement Nagoya Protocol. The regulation(draft) composed of 7 chapters and 48 provisions was specially legislated to protect China`s genetic resources and traditional knowledge associated with genetic resources. The regulation(draft) enlarges the definition and scope of genetic resources clearly including derivatives. The regulation(draft) also stipulates the definition of genetic resources associated with traditional knowledge which might include Han people holding traditional knowledge. Moreover, the regulation(draft) provides `illegal taken out management system`, `disclosure requirement system`, `blacklist system` and strict legal responsibility against violation. The regulation(draft) is also based on the principle of national sovereignty reflected as `profit sharing funds`, `registration system of traditional knowledge`, and `collective management for already registered traditional knowledge`. China will strictly implement those systems according to the regulations, therefore, this paper analyses the regulation(draft) and shows its implications.

합성생물학 적용 LMO에 부합하는 새로운 위해성평가 및 위해성관리 체계 도입의 필요성에 관한 소고

류예리 ( Ryu Yeri ),박문숙 ( Park Moonsook ) 한국환경법학회 2020 환경법연구 Vol.42 No.2

With the rapid development of synthetic biology, known as new dimension of modern biotechnology, international discussions are actively underway on the necessity of new risk assessment and management system corresponding to the synthetic biology-applied LMOs. The reason for this is that synthetic biology-applied LMOs are incomparably more likely to cause environmental risks than existing LMOs, and it has been argued that there is a limit to the application of existing LMO risk assessment and management to synthetic biology-applied LMOs. Under these circumstances, the need for a new risk assessment and management system in accordance with the synthetic biology-applied LMOs is a very important issue to Korea. This is because Korea needs to secure food safety as an import country of LMOs, while addressing the task of fostering bio-industry based on synthetic biology. Nevertheless, what synthetic biology is, and what discussions are being held internationally to regulate synthetic biology, are not even well known in Korea. Therefore, this article addresses the concepts and scope of synthetic biology discussed in the CBD first, and then looks at the trends and main issues of international discussion on risk assessment and management of synthetic biology applied-LMOs. Next, this article covers the contents of risk assessment and management under the current LMO Act, which faithfully reflects the Cartagena Protocol, and examines whether it can be applied to the synthetic biology-applied LMOs. Based on that, this article checks the position of Korea in the international community and suggests response strategies for the biodiversity conservation and sustainable use.

국제협약에서 유전자원 디지털염기서열정보(DSI)에 대한 논의 동향 및 주요 쟁점에 관한 연구

류예리 ( Ryu Yeri ),신병철 ( Shin Byongchul ) 한국환경법학회 2021 환경법연구 Vol.43 No.1

According to the Convention on Biological Diversity and the Nagoya Protocol, which is an annexed protocol, when using genetic resources, access permits shoul be obtained from the country providing genetic resources, and a benefit-sharing contract should be concluded with the genetic resource providers. If so, should the access and benefit-sharing procedures of the Nagoya Protocol be followed even when using genetic resource digital sequence information(DSI)? This is currently attracting attention as one of the most important issues in the Convention on Biological Diversity and the Nagoya Protocol. Today, many researchers and scientists mainly use the genetic resource DSI for research and development rather than the genetic resource itself. In addition, with the recent development of DNA sequencing technology, genetic resource DSI is rapidly accumulating in DBs, and is being used for various purposes such as research and commerce. Therefore, if the genetic resource DSI, which has been freely used so far, is subject to the Nagoya Protocol, it is likely to have a devastating effect on research and development in the field of biotechnology. For this reason, it is worth noting that the appropriateness, type, and scope of the gene source DSI terminology are being discussed in the biodiversity agreement, while the access and profit sharing of the Nagoya Protocol are sharply opposed between developed and developing countries. In response, the main office first wants to examine the background of the start of discussion of genetic source DSI in the biodiversity agreement and Nagoya Protocol, trends in discussions so far, and major agreements. Next, we would like to look at the main issues of genetic source DSI, such as the term, type and scope of genetic source DSI, and whether it is subject to Nagoya Protocol. Finally, based on these contents, I would like to present policy implications and countermeasures for the domestic bio industry.

FTA 생물다양성 관련 최선노력조항(best efforts clause)의 해석에 관한 연구

류예리 ( Ryu Yeri ) 한국환경법학회 2018 환경법연구 Vol.40 No.2

Recently, FTAs concluded between developed countries and developing countries often use a best efforts clause related to biodiversity. Because of abstract and vague characteristics, a best efforts clause easily enables to reach agreements on protection of biodiversity, however, it could leave grounds for trade disputes. Therefore, it is important to understand legal binding force and scope of obligations of a best efforts clause related to biodiversity in FTAs. Although it is not easy to judge uniformly legal binding force of a best efforts clause related to biodiversity, at least it is needed to present standards judging legal effects as types to prepare for future disputes. For this, the paper describes types of best efforts clauses related to biodiversity in FTAs, and analyzes legal binding force according to types, and then shows legal scope of them. Therefore, this article is going to present rational interpretation of a best efforts clause related to biodiversity agreed in FTAs referring to interpretation of contracts in Anglo-American law countries and international treaties.

전략국제문제연구소(CSIS)의 신(新)바세나르체제 시나리오 평가 및 재고찰

류예리(Yeri Ryu),김소양(Soyang Kim) 무역안보관리원 2024 TRADE&SECURITY 저널 Vol.- No.8

경제적 강압대응 거버넌스 구축에 관한 연구: 캠프 데이비드 정신 실현의 예시

류예리(Ryu,Yeri),안건형(Keon-Hyung Ahn),성현재(Kevin Hyunjae Sung) 전략물자관리원 2023 TRADE&SECURITY 저널 Vol.- No.6