지속가능발전을 위한 신재생 에너지 보조금 제도와 통상조약의 조화 방안

This article provides a specification of the principle of sustainable development by exploring any effective and rational energy and trade strategy, with an aim to reduce the dependency on fossil fuel and eventually replace it with renewable energy production and use. Trade treaty law has prevented some governments from using subsidies to support renewable energy technology and production capability. Before the current trade treaty framework is able to convert substantial portion of fossil fuel subsidies into renewable energy subsidies, the Government of the Republic of Korea (hereinafter referred to as “Korean Government”) should restrain the presence of domestic content requirements in the forms of subsidies to renewable energy. Such subsidies can successfully be challenged either as prohibited subsidy under the Agreement on Subsidies and Countervailing Measures (SCM) or as discriminatory measures contrary to the national treatment principle articulated in the General Agreement on Tariffs and Trade (GATT) Article III and the Agreement on Trade-Related Investment Measures (TRIMs) Article II. Given the enormity of the climate-change problem, it is time to agree on the amendment of the WTO rules to alleviate constraints regarding subsidies for renewable energy. The lack of explicit exemptions for subsidies that favour the production of alternative energy sources would need to be addressed, if the WTO is to play a more supportive role in the energy transition process. The amended or new multilateral subsidy rules should be able to help the transition towards a sustainable energy future.