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학술논문경영법률2015.01 발행

농식품 원산지표시제도에 관한 WTO결정과 전망

A Prospect for WTO Decision of Food Country-of-Origin Labeling System

김은진(원광대학교)

25권 2호, 369~394쪽

초록

Food labeling system basically guarantees consumers' right to know. Moreover, labeling system provides information of human health and environment/ecosystem protect. These informations make consumers' right to choose possible. The object of great interest in labeling system is food country-of-origin labeling system because it has additional effect, advertising its own country's product and giving a chance to choose it. In 2014, WTO Dispute Settlement Body(DSB) made a decision on the dispute between U.S. and Canadna/Mexico about U.S. food country-of-origin labeling system, so called COOL. DSB found that the COOL measure violates Article 2.1 of the TBT Agreement by according less favourable treatment to imported Canadian cattle and hogs than to like domestic products. The Panel also found that the COOL measure does not fulfil its legitimate objective of providing consumers with information on origin, and therefore violates Article 2.2 of the TBT Agreement. This decision means food country-of-origin labeling system of other countries could be filed. Therefore, we need tp prepare alternative to substitute country-of-origin labeling system. There are two options which have similar effect and are propected by other agreements under the WTO. One is Geographical Indication under the TRIPs. The other is 'Low-Carbon, Green Growth' system. We have to prepare the future potential risk of losing the effect of country-of-origin labeling system with these two systems.

Abstract

Food labeling system basically guarantees consumers' right to know. Moreover, labeling system provides information of human health and environment/ecosystem protect. These informations make consumers' right to choose possible. The object of great interest in labeling system is food country-of-origin labeling system because it has additional effect, advertising its own country's product and giving a chance to choose it. In 2014, WTO Dispute Settlement Body(DSB) made a decision on the dispute between U.S. and Canadna/Mexico about U.S. food country-of-origin labeling system, so called COOL. DSB found that the COOL measure violates Article 2.1 of the TBT Agreement by according less favourable treatment to imported Canadian cattle and hogs than to like domestic products. The Panel also found that the COOL measure does not fulfil its legitimate objective of providing consumers with information on origin, and therefore violates Article 2.2 of the TBT Agreement. This decision means food country-of-origin labeling system of other countries could be filed. Therefore, we need tp prepare alternative to substitute country-of-origin labeling system. There are two options which have similar effect and are propected by other agreements under the WTO. One is Geographical Indication under the TRIPs. The other is 'Low-Carbon, Green Growth' system. We have to prepare the future potential risk of losing the effect of country-of-origin labeling system with these two systems.

발행기관:
한국경영법률학회
분류:
법학

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농식품 원산지표시제도에 관한 WTO결정과 전망 | 경영법률 2015 | AskLaw | 애스크로 AI