EU ETS 항공부문의 편입과 GATS 협정과의 합치성 연구

The constant rising of carbon dioxide emissions of aviation is raising an alarm to all of the countries around the world, but the discussion on ETS of aviation sector is making slow progress. The EU, who is aware of the seriousness of the problem, adopted the Directive 2008/101/EC which includes the aviation sector in the EU ETS that was carried out in 2005, and all of the foreign airlines flying to the EU are included in the Directive from 2012. However, the EU's requirement was faced with oppositions from many countries including China, and the EU proposed that it defers the requirement until after the 2013 International Civil Aviation Organization (ICAO) General Assembly. Recently, the EU adopted a Regulation by which the flights between aerodromes in the EEA are covered under the EU ETS till 31 December 2016. Nevertheless, the EU said It will regain the measure if the 2016 ICAO Assembly does not reach an agreement on Market-Based Measures to reduce greenhouse gas emissions. There are a lot of previous researches on the consistency of this issue with international law and the GATT Agreement, but few previous studies is made on the consistency of this issue with the GATS Agreement. Since there is a possibility that the EU recovers the measure, it is necessary to examine the consistency of the measure with the GATS Agreement. In this paper, I firstly introduced the 2008 Directive and the current issues on the inclusion of aviation in the EU ETS, and then I examined if the GATS Agreement can be applied to this issue, lastly I reviewed the consistency of the measure with MFN, market access, NT principles and if this measure can be justified by Article ⅩⅣ of GATS Agreement. And as a result, the EU's measure, which constitutes a violation of MFN principle, is difficult to be justified by the general exceptions of Article ⅩⅣ of GATS Agreement. In order to achieve a low-carbon society, ongoing discussions and researches on this issue are needed.