WTO 최근 판례 분석을 통해 살펴본 TBT협정의 해석 및 적용에 관한 연구

The TBT Agreement has recently received relatively much attention, in a sense thatunder the TBT, the conflict between trade liberalization and regulatory autonomy ofWTO Members is intensified. The WTO Dispute Settlement Body’s reports on four majorTBT related cases have been consecutively adopted, thereby the comparative analysisbetween the GATT and TBT is very important to establish the standards in interpretingand applying the TBT’s own rules. Upon analysis on recent WTO case laws on TBT,a different approach in the context of the TBT Agreement is needed. It is because whileTBT should be interpreted in a ‘consistent and harmonious manner’ with the GATT,but the WTO obligations under the TBT and the GATT often require different obligationsto meet their objectives. And indeed, it is likely that the WTO DSB interprets and appliesits rules differently than those of the GATT rules in assessing “less favourable treatment”of national treatment under Article 2.1 and “more trade-restrictive than necessary to”under Article 2.2 of the TBT. The WTO DSB considers not only the effect of themeasure, which the GATT requires, the purpose of the measure, but also its applicationunder the TBT in assessing “less favourable treatment.” Furthermore, the extent howmuch possible alternative measures contribute in the light of the nature of the risks isalso needed to consider under the principle of more trade-restrictive than necessary to.