인도의 미국산 태양전지ㆍ모듈 제품의 차별에 관한 WTO 판례 연구

In 2010, the Government of India launched the National Solar Mission in order to establish India as a global leader in solar energy. As part of the Mission,it entered into a long-term power purchase agreement with solar power developers and, under the agreement, it purchased electricity from those developers at the guaranteed rates for 25 years. Interestingly, however, the domestic content requirements ("the DCR measures") for solar cells and modules were imposed as prerequisite for the sale of the electricity to the government. In other words, the purchase was made only from the producers that used for its generation solar cells and modules of Indian origin. Before the WTO dispute settlement proceeding, the United States claimed that the DCR measures are inconsistent with GATT Article III:4 and TRIMs Agreement Article 2.1. India raised defenses under the derogation of GATT Article III:8(a) and, alternatively, it argued that any inconsistencies are justified under GATT Articles XX (j) and (d). By carefully reviewing the reports of Panel and the Appellate Body for the case, this paper attempts to examine the balance between 'trade liberalization' that the WTO pursues and ‘national regulatoryautonomy’ that WTO members enjoy.