국제통상과 환경의 논의과정에서 대두되는 분쟁에 관한 연구: WTO와 MEAs에서의 논의를 중심으로

This paper analyzed conflicts between environmental and trade policy. Also, it discussed which reform in the world trading regime are needed. First, this article described multilateral environmental agreements which contain trade restrictions and classified the restrictions used. In the following, it looked at the rulings of WTO-Panels and Appellate Bodies which shed a new light on the problem of unilateral trade restrictions and on the requirements for WTO-compatible decision-making under uncertainty. When summarizing research findings, the implications of the 4th WTO Ministerial Conference in Doha(2001) for the future of the trade and environment debate were discussed. There were two important sources of conflicts between environmental policy and the international trade regime. First, there was a growing tension between unilateralism and multilateralism when using trade measures to deal with environmental problems. Second, to avoid future conflict like that in the Hormone Case, it seems necessary to clarify the relationship between science-based and precautionary decision-making in a way that minimizes the risk of the precautionary principle being unilaterally misused.