• Title/Summary/Keyword: GATS

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WTO GATS and Disputes on Trade in Service (WTO GATS 협정과 서비스 분쟁)

  • Lyou, Byung-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.265-288
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    • 2012
  • Trade in service, which deals with intangible product, is distinguished from trade of goods for tangible product. The current multilateral service trade is based on GATS which includes MFN, securing the predictability as well as transparency of related service rules, specific commitment basis market access national treatment. Recently the WTO service disputes are increasing according to the frequent filing complaints against the regulation of service trade in China. The rules of GATS are not as strict as those of GATT. The commitment schedules, which were materialized between members, gets binding effect through the obligatory provisions of GATS. The GATS is inseparable relation with the Appendix of finance, of telecommunication, and of air transport, with the schedules of commitment of member states, and with the reference paper to the 4th protocol. GATS article XIV which is the general exception of GATS has a similar structure of GATT article XX. Based on the possibility of filing to the WTO, there is a need to examine whether the whole rules, regulation, and policy international trade in service of Korea perfectly macthed with the GATS. Korea with poor resources should take up the more positive attitude for the opening of international service market. According to the reciprocal aspects of concession, if Korea doesn't open a service market, the other WTO member country wouldn't allow Korea to access the their market as well as national treatment.

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Global Adult Tobacco Survey (GATS): A Case for Change in Definition, Analysis and Interpretation of "Cigarettes" and "Cigarettes Per Day" in Completed and Future Surveys

  • Jena, Pratap Kumar;Kishore, Jugal;Sarkar, Bidyut K.
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.5
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    • pp.3299-3304
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    • 2013
  • Background: The Global Adult Tobacco Survey has 15 key indicators, cigarettes smoked per day (CPD) among daily smokers being one of them. The first wave of GATS in 14 countries indicated that mean CPD use is higher in women than men in India only, which is contrary to the current understanding of tobacco use globally. This study was undertaken to understand the unusual findings for mean CPD use in the GATS-India survey. Materials and Methods: Items B06a and B06b of the GATS India survey questionnaire that collected information on daily consumption of manufactured and rolled cigarettes were analyzed using SPSS software. Exclusive users were identified from these items after excluding the concurrent users of other tobacco products. Cigarette type, exclusive use and gender stratified analyses were made. Consumption of different types of cigarettes among the mixed users of manufactured and rolled cigarettes were correlated. Results: Higher mean number of CPD use among male daily-smokers was observed than their female counterparts in product specific analysis. Mean CPD as per GATS cigarette definition was higher in males than females for exclusive users but a reverse trend was observed in case of non-exclusive users. Use of manufactured cigarettes increased with increase in use of rolled cigarette among the mixed users and around half of these users reported equal CPD frequency for the both types of cigarettes. Conclusions: The anomaly in mean CPD estimate in GATS-India data was due to inclusion of two heterogeneous products to define cigarettes, variation in cigarette product specific user proportions contributing to the average and non-exclusive concurrent use of other tobacco products. The consumption pattern of cigarettes among the mixed users highlights bias in CPD reporting. Definition, analysis and interpretation of 'cigarettes per day' in the GATS India survey need to be improved by redefining cigarettes and making product specific analyses.

Discriminatory Financial Measures on Non-Cooperative Jurisdictions and their Compatibility with the WTO GATS: Focus on the Appellate Body Report on Argentina-Financial Services (조세투명성에 협력하지 않는 국가에 대한 차별적 금융조치의 WTO GATS 합치성 - Argentina-Financial Services 상소기구보고서에 대한 분석을 중심으로 -)

  • Yoo, Hee Jin
    • International Commerce and Information Review
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    • v.19 no.4
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    • pp.95-124
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    • 2017
  • The dispute analysed in this article concern eight measures taken by Argentina regarding finance, taxation, foreign exchange, and registration. The dispute centered on whether these measures were in violation of the Member's obligations under the General Agreement on Trade in Services (GATS), namely most-favored national treatment, national treatment and market access, and whether they are justified by Article XIV and Article 2(a) of the Annex on Financial Services. Important arguments raised in the dispute include whether the services and the service providers of cooperative and non-cooperative countries and/or Argentina subjected to the measures are like for the purposes of Article II and Article XVII of the GATS, whether the regulatory aspects of the measures are to be considered in determining the inconsistency with Article II and Article XVII of the GATS, and whether the measures are justified in that they were taken in accordance with the national laws and regulations aimed at implementing the Global Forum on Transparency and Exchange of Information for Tax Purposes and the Financial Action Task Force. The essence of this dispute lies in the balance of each Member's right to regulate commercial and/or financial activities and its obligations under the GATS. The Appellate Body tried to strike such a balance in its assessment of: (i) likeness of services and service suppliers, (ii) no less favorable treatment under Articles II and XVII, and (iii) the scope of measures under Article 2(a) of the Annex on Financial Services. This article aims to provide an analysis of the Appellate Body's findings, giving light to the relevant jurisprudence and scholars' writings.

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Burden of Smoked and Smokeless Tobacco Consumption in India - Results from the Global adult Tobacco Survey India (GATS-India)- 2009-2010

  • Bhawna, Gupta
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.5
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    • pp.3323-3329
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    • 2013
  • Background: The Global Adult Tobacco Survey (GATS) was carried out for systematically monitoring tobacco use and for tracking key tobacco control indicators. Materials and Methods: A total of 70,802 households, including 42,647 in rural areas and 28,155 in urban areas, were covered with a three stage sampling design. Data were collected on sociodemographic characteristics, knowledge, attitude and practices of tobacco consumption.Results: GATS-India highlighted that total tobacco use among its residents is overall 34.6%, varying for males (47.9%) and females (20.7%). The rural areas of the country exhibit comparatively higher prevalence rates (38.4%) in comparison to urban areas (25.3%). Overall, Khaini, a smokeless tobacco product (12.0%), is the most popular form of tobacco use among males and females, followed by bidi smoking (9.0%). Conclusion: Results of GATS data can be used as baseline for evaluation of new tobacco control approaches in India integrating culturally acceptable and cost effective measures.

Duty-Free Electronic Commerce and The Rules of The WTO (전자상거래 무관세화와 WTO 규범)

  • 정순태
    • The Journal of Information Technology
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    • v.4 no.2
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    • pp.103-115
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    • 2001
  • This paper seek to clarify a narrow set of policy issues relating to the international trade aspects of electronic commerce. It focuses, in particular, on the WTO decision not impose customs duties on electronically delivered products. The decision on duty-free commerce is intended to contribute to the growth of electronic commerce by providing a guarantee of open trading conditions, but the significance of the decision may have been exaggerated. In particular, the prohibition of customs duties does not ensure continued open market access for electronically delivered products and may even prompt recourse to inferior instruments of protection. Accordingly, barrier-free electronic commerce would be more effectively secured by deepening and widening the limited cross-border trade commitments under the GATS and by clarifying and strengthening certain GATS disciplines.

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Tobacco Use and Quit Behaviour Assessment in the Global Adult Tobacco Survey (GATS): Invalid Responses and Implications

  • Jena, Pratap Kumar;Kishore, Jugal;Pati, Sanghamitra;Sarkar, Bidyut Kanti;Das, Sagarika
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.11
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    • pp.6563-6568
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    • 2013
  • Background: Tobacco use and quit attempts are two key indicators of the Global Adult Tobacco Survey (GATS) that assess quit attempts among current as well as former tobacco users. The relevant data have inherent policy implications for tobacco cessation programme evaluation. This study aimed to review the concepts of quit attempt assessment and quantifying invalid responses considering GATS-India data. Materials and Methods: GATS assessment of tobacco use and quit attempts were examined in the current literature. Two categories of invalid responses were identified by stratified analysis of the duration of last quit attempt among current users and duration of abstinence among former users. Category A included absolute invalid responses when time-frame of assessment of current tobacco use and less than former tobacco use were violated. Category B included responses that violated the unit of measurement of time. Results: Current daily use, current less than daily use and former use in GATS were imprecisely defined with overlapping of time-frame of assessment. Overall responses of 3,102 current smokers, 4,036 current smokeless users, 1,904 former smokers and 1,343 former smokeless users were analyzed to quantify invalid responses. Analysis indicated overall 21.2% (category A: 7.32%; category B: 17.7%) and 22.7% (category A: 8.05%; category B: 18.1%) invalid responses among current smokers and smokeless users respectively regarding their duration of last quit attempt. Similarly overall 6.62% (category A: 4.7%; category B: 2.3%) and 10.6% (category A: 8.6%; category B: 3.5%) invalid responses were identified among former smokers and smokeless users respectively regarding their duration of abstinence. Conclusions: High invalid responses for a single assessment are due to the imprecise definition of current use, former use and quit attempt; and failure to utilize opportunity of direct data entry interface use during the survey to validate responses instantly. Redefining tobacco use and quit attempts considering an appropriate timeframe would reduce invalid responses.

A Study on FTA Rules of WTO (WTO의 FTA룰에 관한 연구)

  • Lee, Gyun
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.183-215
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    • 2007
  • The purpose of this paper is to study of WTO regulations related FTA such as Understanding on the Interpretation of Article XXIV of the General Agreement on Tariffs and Trade(GATT) 1994 and General Agreement on Trade in Service(GATS). In this study, the First introduced FTA rules of WTO in the chapter 2. The WTO agreement includes the "General Agreement on Tariffs an Trade(GATT) 1994". This instrument, known as "GATT 1994", is based on upon the original General Agreement on Tariffs and Trade referred to as "GATT 1947". The Second analyzed the relations between FTA and Article XXIV of GATT 1994 in the chapter 3. The Article XXIV of GATT 1994 is an agreement between the distinctive members for liberalizing trade. The Article XXIV of GATT 1994 is consist of three parts such as customs unions, free-trade area, and interim agreements that WTO is referred to as "Regional Trade Agreement(RTA)". There is a difference between the customs unions and the free-trade area. In the customs unions rules, the members should have the same tarifficatio and the same trade provision against non-members, but in the free-trade are a rules, the member is not necessary to have the same tarifficatio and the same trade provision against non-members. But, the both rules have a liberalization of trade in a common as a revoking tariffs and the government regulations for interfering with trade. In this case, however, the both rules include an inconsistency ele ment under WTO rules such as Most-Favoured-Nation Treatment(MFN) and National Treatment on Internal Taxation and Regulation(NTITR). This study reviewed neither inconsistency nor consistency on the both rules with the RTA of WTO under Article XXIV of GATT 1994. The Third analyzed the relations between FTA and Article V of GATS under WTO in the chapter 4. The GATS is a rule of WTO for the growing importance of trade in services for the growth and development of the world conomy. The GATS is a new rule rather than GATT's rule for concerning goods trade. The Article V of GATS under WTO is a rule that makes based on upon the Article XXIV of GATT. Therefore, If it is to be examined the Article V of GATS, it should be referred to a and an interpretation of the text of the Article XXIV of GATT. However, the Article V of GATS is on the undeveloped stage compare to the Article XXIV of GATT. Because, the statistics of WTO showed that the RTAs under the Article XXIV of GATT have 150 cases completed between nations, but the RTAs under the Article IV of GATS have 10 cases completed between nations. The Forth examined the interpretation of FTA rules under WTO in the chapter 5. Concerning the consistency issue of customs unions and free-trade area under the Article XXIV of GATT, the working parties in customs unions and in free-trade area have been reviewed the consistency is sue which had been not if to GATT. However, the parties finished to get up with one accord the both that are a consistency of argument and an inconsistency of argument with the interpretation of the Article XXIV of GATT. The interpretation of the Article XXIV of GATT has been raised as the issues when EEC by Rome Treaty established in 1957. However, the consistency is sue only agreed 6 working parties out of 69 working parties finished the reviewing of the interpretation up to the end of 1994. Also the consistency issue concerned with the special privilege measure of the customs unions and tree-trade area under the Article XXIV of GATT discussed only 3 cases between working parties up to now and did not accepted as an issue for working parties' report. In conclusion in the chapter 6, this study raised the issues of WTO that are a conference of a new round under WTO and the issues of clarity between FTA rule and WTO regulation.

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Liquid Moisture Management and Surface Properties of the Fabric in Transient Condition (작업복 소재 직물의 액상 수분 전달 특성 및 표면특성 연구)

  • 유신정
    • Journal of the Korean Society of Clothing and Textiles
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    • v.25 no.1
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    • pp.61-70
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    • 2001
  • As important factors determining human sensorial comfort, liquid moisture management and surface properties of heat resistant workwear materials were examined. To figure out liquid moisture management properties of the test materials, absorption capacity, rate of absorption, and evaporation properties were assessed. A modified GATS(Gravimetric Absorbency Testing System) was used to measure the liquid moisture accumulation associated with the wicking of liquid moisture from sweating skin. The GATS procedure measures demand wettability of materials to take up liquid in a direction perpendicular to the fabric surface and it was modified to incorporate a special test cell and cover to assess absorption behavior in the presence of evaporation. Fabric stiffness, smoothness, number and the length of surface fibers, and an estimate of the contact area between the skin and fabric surface were measured to characterize the mechanical and surface properties of the test materials. Also an estimate of the force with which a fabric clings to moist skin was made using as wet-cling index.

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Correlates of Digit Bias in Self-reporting of Cigarette per Day (CPD) Frequency: Results from Global Adult Tobacco Survey (GATS), India and its Implications

  • Jena, Pratap Kumar;Kishore, Jugal;Jahnavi, G.
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.6
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    • pp.3865-3869
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    • 2013
  • Background: Cigarette per day (CPD) use is a key smoking behaviour indicator. It reflects smoking intensity which is directly proportional to the occurrence of tobacco induced cancers. Self reported CPD assessment in surveys may suffer from digit bias and under reporting. Estimates from such surveys could influence the policy decision for tobacco control efforts. In this context, this study aimed at identifying underlying factors of digit bias and its implications for Global Adult Tobacco Surveillance. Materials or Methods: Daily manufactured cigarette users CPD frequencies from Global Adult Tobacco Survey (GATS) - India data were analyzed. Adapted Whipple Index was estimated to assess digit bias and data quality of reported CPD frequency. Digit bias was quantified by considering reporting of '0' or '5' as the terminal digits in the CPD frequency. The factors influencing it were identified by bivariate and logistic regression analysis. Results: The mean and mode of CPD frequency was 6.7 and 10 respectively. Around 14.5%, 15.1% and 15.2% of daily smokers had reported their CPD frequency as 2, 5 and 10 respectively. Modified Whipple index was estimated to be 226.3 indicating poor data quality. Digit bias was observed in 38% of the daily smokers. Heavy smoking, urban residence, North, South, North- East region of India, less than primary, secondary or higher educated and fourth asset index quintile group were significantly associated with digit bias. Discussion: The present study highlighted poor quality of CPD frequency data in the GATS-India survey and need for its improvement. Modeling of digit preference and smoothing of the CPD frequency data is required to improve quality of data. Marketing of 10 cigarette sticks per pack may influence CPD frequency reporting, but this needs further examination. Exploring alternative methods to reduce digit bias in cross sectional surveys should be given priority.

A Study on Measures in the Tourism Service Sector of WTO Service Negotiations (관광서비스 부문 WTO 서비스 협상 동향과 우리나라의 대응방안)

  • Shin, Jai-Gi
    • The Journal of Information Technology
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    • v.8 no.2
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    • pp.121-133
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    • 2005
  • The WTO(World Trade Organization) meetings for service negotiations started in February in 2000. Since then, the member countries have discussed the tourism sector and their expectations and methods of liberalization, based on the proposals they have submitted. The Republic of Korea had already opened hotels and restaurants, travel agencies and tour operator services, and tourist guide services, preceding of WTO service negotiations. However, to comply with the terms of the negotiations, the domestic laws and systems related to tourism should be analyzed according to their adherence to the principles of GATS(General Agreement on Trade in Services), which include market access and national treatment. Thus, the purposes of this study were two-fold: first, regarding the two basic principles of GATS(market access and national treatment), the articles of the administrative laws relating to tourism were examined. Second, proposals from the tourism sectors in the US, Canada, Dominique, EC, Switzerland, and Japan were also summarized and reviewed. Proper responses to service negotiations were proposed based on the results of this analysis. As a result, I can support the GATS classification(w/120) of tourism and the liberalization of tourism in other WTO member countries. I can also support the elimination of obstacles such as economic need tests and nationality requirement. 'Others' category should be considered more carefully according to the competitiveness of the given industry.

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