WTO SPS 협정과 과학주의: 그 한계와 문제점들

This paper examines "scientific panacea" adopted by the SPS Agreement with the principal intent to show why we need to rethink this seemingly simple formula, which appears to create more quandaries than solutions in a world where the taken-for-granted authority of science comes increasingly under public scrutiny. The wishful thinking that science can in practice distinguish protectionist claims from genuinely protective SPS measures in a less controversial and efficient way not only overlooks problems which may arise from the covert combination of science and free trade dogma, but also avoids difficult questions about the extent of scientific exclusiveness and the degree of simplification of complex phenomena involved with scientific issues in trade disputes. In this respect, this paper aims to offer at least some basis for rebalancing the rather lopsided perspective about science in the SPS jurisprudence by weaving together key issues of EC-Hormones and critical studies of science and technology. By contrasting the views of the WTO tribunals with insights drawn from recent debates about science and technology in contemporary society, areas where clarification and elaboration are needed will be identified in the SPS jurisprudence. It also would help to take the SPS adjudication a step closer to social and democratic legitimacy by raising awareness of differing views about science and risks existing in the real world. The primary purpose, however, is not to dismiss the value of scientific expertise, but to effectuate a fairer discussion on science used in international trade disputes.