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Introduction
I. Evolution of Non-Violation Cases
A.Drafting History of the Non-Violation Provision
B.Development of Non-Violation Cases in the GATT History
1. Restraintism
2. Activism
3. Uruguay Round Negotiations
II. Problematic Features of Non-Violation Cases
A.Unaddressed Inherent Ambiguity
B.Expansion of the Scope of Ambiguity
1. General Agreement on Trades in Services (GATS)
2. Competition Policies
C.Crisis of the Dispute Settlement System
1. Squeezing a Panel (the Appellate Body)
2. Proliferating Wrong Cases
3. The Dilemma
III. Methodological Suggestion for Tackling the Problems
A.From Non-Violation to Violation ("Violationize")
1. Positive Use of General Obligation
2. Expanding the Scope of "Substantive Norms" beyond General
Obligations
a. Hard Laws
b. Soft Laws
c. Strategic Co-optation
3. Institution Building for Violationizing
B. From Non-Violation Nullification or Impairment to Non-Nullification or
Impairment
1. Standards of Review
2. Necessity of Cooperation
C. Fast Track (Direct Access by a Private Party in Some Policy-Related Areas)
1. Necessity of De-Politicization in Initiating a Complaint
2. A Realistic Suggestion: Two-tier Approach in Filing Non-Violation
Cases
Conclusion
Annex (Table: Overview of Non-Violation(GATT Art. XXIII:1(b)) Cases (1948~1990))