육류 상품에 대한 미국의 원산지 라벨링 조치를 둘러싼 국제통상법적 쟁점 - TBT 협정 제2.1조 및 제2.2조를 중심으로 -

On June 29, 2012, the Appellate Body of the World Trade Organization circulated its report in United States - Certain Country of Origin Labelling (COOL) Requirements (US - COOL), upholding, in part, an earlier panel finding that the United States' country of origin labelling requirements for beef and pork muscle cuts are inconsistent with the Agreement on Technical Barriers to Trade (TBT Agreement). US - COOL, along with the other two recent cases dealing with the TBT Agreement, provides important guidance as to how to interpret Articles 2.1 and 2.2 of the TBT Agreement. The aim of this paper is to provide a summary of the findings that have been made by the panel and the Appellate Body in US - COOL, thereby presenting how the national treatment obligation under Article 2.1 and the requirement not to be more trade-restrictive than necessary under Article 2.2 are interpreted. To this end, Part II of the paper outlines the content of the United States' measure at issue. Part III provides an overview of the findings by the panel and the Appellate Body with regard to whether the measure is inconsistent with Articles 2.1 and 2.2 of the TBT Agreement. Part IV concludes with a brief reflection on what the case at hand might imply.