The Emergence of Korea's Aggressive Legalism in the WTO and Implications for the "Post-Developmental State"

There has been a dramatic shift in the foreign trade policies of Korea since the emergence of the World Trade Organisation (WTO) in 1995. What does this dramatic shift look like and how can one explain this new strategy led by the Korean state? Does this strategy shed new light on the changes occurring in the emerging ‘post-developmental state’? These are the key questions which this paper addresses. This paper argues that Korea’s new foreign trade policy is best described as ‘aggressive legalism’, a concept originally applied to Japan. Under the WTO, Korea’s ‘aggressive legalism’ is requiring the state to adapt and play an evermore active role in three principle areas: defending developmental institutions, implementing WTO rulings and commitments, and litigating on behalf of national industries in the WTO Dispute Settlement Unit (DSU). While the core ingredients of the developmental state no longer resemble what they were in the high-growth era, a ‘post-developmental state’ which adapts to challenges in the international political economy such as the rise of the WTO, is emerging.