축수산물의 무역기술장벽(TBT)에 관한 사례분석과 시사점 (A Case Analysis of the Technical Barrier to Trade (TBT) for Livestock and Fishery Products)

서지정보

· 발행기관 : 한국무역연구원
· 수록지 정보 : 무역연구 / 16권 / 1호 / 131 ~ 147페이지
· 저자명 : 홍성규, 황혜정

초록

Purpose – The purpose of this paper is to provide implications by analyzing cases of violations of the TBT agreement for livestock and fisheries products. Design/methodology/approach– The WTO dispute cases concerning the TBT Agreement for livestock and fishery products were unearthed inform the literature, and analyzed. the analysis standards accordingly were presented as implications. Findings– The U.S.-Tuna Products dispute II was sharply divided on individual issues as it progressed for exactly 10 years, and not only the interpretation of articles 2.1 and 2.2 of the TBT Agreement, but also the handling method of the PPMs Regulations, the definition of technical regulations, and the definition of international standards were issues and logical verdicts. The U.S.-COOL dispute is the only major dispute in the TBT agreement, and it is meaningful that Article 2.2 of the TBT Agreement has become a major issue until the last minute, especially over the implementation verification process, though the standard for the interpretation on the application of Article 2.2 has been clarified. In the EC-Seal Products dispute, it is meaningful that trade regulations on animal welfare, which are based on the protection of public morals, have considered the effect on international trade. Research implications or Originality– Through the three dispute cases analyzed in this paper, the analytical basis and implications of each violation of the TBT Agreement are provided. In other words, the technical provisions of the TBT Agreement specifically presented whether they achieve a legitimate objective, the scope of the test of necessity, and the scope of recognition of PPMs.

영어초록

Purpose – The purpose of this paper is to provide implications by analyzing cases of violations of the TBT agreement for livestock and fisheries products. Design/methodology/approach– The WTO dispute cases concerning the TBT Agreement for livestock and fishery products were unearthed inform the literature, and analyzed. the analysis standards accordingly were presented as implications. Findings– The U.S.-Tuna Products dispute II was sharply divided on individual issues as it progressed for exactly 10 years, and not only the interpretation of articles 2.1 and 2.2 of the TBT Agreement, but also the handling method of the PPMs Regulations, the definition of technical regulations, and the definition of international standards were issues and logical verdicts. The U.S.-COOL dispute is the only major dispute in the TBT agreement, and it is meaningful that Article 2.2 of the TBT Agreement has become a major issue until the last minute, especially over the implementation verification process, though the standard for the interpretation on the application of Article 2.2 has been clarified. In the EC-Seal Products dispute, it is meaningful that trade regulations on animal welfare, which are based on the protection of public morals, have considered the effect on international trade. Research implications or Originality– Through the three dispute cases analyzed in this paper, the analytical basis and implications of each violation of the TBT Agreement are provided. In other words, the technical provisions of the TBT Agreement specifically presented whether they achieve a legitimate objective, the scope of the test of necessity, and the scope of recognition of PPMs.

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