국경탄소조정과 WTO 규범의 합치 여부

Concerns for economic competitiveness of the Republic of Korea are a core explanation for leveling the playing field by imposing the same or similar carbon costs on imports. This article examined the benefits and costs of including a competitiveness provision in future climate policy. Although such competitiveness provision could take different forms, one of the options is to enlist trade policy in the fight against global warming. There are certain options definitively to be avoided as they would violate WTO Law (e.g., import bans, punitive tariffs, anti-dumping and anti-subsidy duties). Most controversial by far would be border carbon adjustment measures, or the imposition of a domestic carbon tax, regulation or cap-and-trade system on imports based on the carbon or other greenhouse gases that were emitted in their production abroad. Absent an international consensus on the types of trade-related measures that may be applied as part of a domestic greenhouse gas reduction program, adversely affected countries may seek to challenge these measures under WTO dispute settlement provisions. Even though neither the distribution of emission allowance nor border restrictions imposed as part of a domestic climate change regime have yet come before WTO dispute settlement panels, it is imperative that the determination of the WTO consistency be made in such a way that it does not unnecessarily infringe upon the regulatory authority and domestic policy options of a state.