GATT/WTO 체제하의 환경분쟁 해결방식

Abstract

GATT Article XX plays the key role of determining when trade measures may be used. GATT/WTO panels have interpreted the provision strictly. Such practices may seemingly run counter to the plain meaning. The problem of the GATT Article from the viewpoint of interpretation and application can be surmounted by the specific obligations of the countries concerned that are prescribed in the TBT Agreement and the SPS Agreement. Most of the problem can possibly be solved by amendment of the Article reflecting the decisions have made in the GATT/WTO panels until now. The following are some of the suggested methods for the revision. To begin with, there must be a process of clarifying the standard of judgment on “like products” that are frequently come into question when applying the most-favored-nation (MFN) and national treatment principle. Important matters, such as, “necessary” and “relating to” referred to in the exceptional provision should be reformed so that it corresponds with the interpretations of the panel. Finally, it is necessary to clarify that GATT Article XX(b) and (g) are applied to any measures intended to protect humans, animals and plants and limited natural resources that are not subject to the jurisdiction of the country