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환경보호를 위한 통상규제의 국제법적 고찰
International Legal Approach to Trade Regulations for Environmental Protection
이신규(Shin Kyu Lee)
UCI I410-ECN-0102-2009-320-006307630

This paper deals with the legal problems of international trade measures taken for environmental protection mainly from GATT/WTO texts. The key treaty provisions at issue are Article xx of the GATT and similar provisions under WTO texts. Article xx permits contracting parties to the GATT to employ trade measures which would otherwise be inconsistent with the obligations under the GATT but which are necessary to protect human, animal or plant life or health or which relate to the conservation of exhaustible natural resources. However, such measures should neither constitute a means of arbitrary or justifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Since GATT jurisprudence has limited the application of Article xx to areas under the jurisdiction of each contracting party, any action taken pursuant to an environment agreement to protect the environment beyond the national jurisdiction would seem to pose a problem in terms of GATT/WTO obligations. As for process and production method-based trade measures for environmental production, only product-related PPMs can be accepted as long as they can meet Article xx of the GATT. There is a possibility of conflict between multilateral environmental agreement (MEAs) and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility especially between countries which are members of WTO and which are not members of the relevant MEAs, and countries which are members of both the WTO and the relevant MEAs. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority.

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