Analysis on the Treatment of Digitally-delivered Content Products under WTO provision

digitally-delivered content products;WTO;classification debate;GATT;GATS;digital trade;382.9

국제대학원 국제학과 ;

University:서울대학교 대학원

关键词: digitally-delivered content products;    WTO;    classification debate;    GATT;    GATS;    digital trade;    382.9;   

Others  :  http://s-space.snu.ac.kr/bitstream/10371/141734/1/000000151163.pdf

美国|英语

来源: Seoul National University Open Repository

【 摘 要 】

Due to the rapid development of the Internet, electronic transmission of digitized movie, music, book and software has increased. The content products, originally traded as a good with physical carriers such as VHS tape, CD, paper, or diskette, are now being traded via Internet. Consequently, integrated trade framework applicable to such products is needed, so the discussion on the treatment issue of these digitally-delivered content products is taking place at WTO level. There are three different measures suggested by the Members in WTO: classification under GATT, classification under GATS, and a hybrid approach classifying under GATS while applying GATT treatment. Since the hybrid approach is considered as an unrealistic measure supported by few Members, this paper will conduct the analysis on the premise that digitally-delivered content products are governed by either GATT or GATS.First, the paper identifies the scope of study with the definition of digitally-delivered content products, and reviews the discussion of the issue taken place at WTO and at multilateral as well as bilateral trade agreements like TPP and CETA. Based on the different position of US and EU on the treatment issue connoted in the trade agreements, different classification measures under GATT and GATS will be introduced briefly. In order to apply the proper legal provision to digitally-delivered content products, the paper examined the issue with three different frameworks: theoretical principles in terms of the nature of goods and services, basic trade principles including likeness principle and customs duty principle, goal-based approach by reviewing the preambles of GATT and GATS. In conclusion, referring to the high potential of ripple effect and unpredictability of digitally-delivered content products, the paper sets the optimal direction on how the digitally-delivered content products should be treated in order to comply with the goal of WTO, which would be the first step for further discussion.