자율주행자동차 시대의 도래에 따른 통상규범적 쟁점 - 미국 자율주행자동차법안(SELF DRIVE Act) 사이버보안규정의 WTO TBT 합치성을 중심으로 -

Of the cases that have been filed with the WTO's dispute settlement organization, most of the issues concerning the WTO's TBT agreement have been actively researched on the principle of the national treatment due to the high interest in violating the principle of national treatment under Article 2.1. However, it is difficult to think about the application of violating the principle of national treatment when there is no dispute between the parties due to cybersecurity regulation under self-driving car bill, SELF DRIVE Act. Therefore, it is deemed desirable to examine the violation of the WTO TBT Agreement, focusing only on the wording of the regulations. The first thing to think about is whether this regulation is a "technical regulation" as defined in Section 1.1 of the TBT Agreement Annex. If it is not a technical regulation, there is no room to argue whether or not it violates the TBT agreement. Second, it will be necessary to review whether the enactment of cybersecurity rules is a measure to achieve the "right purpose" referred to in Section 2.2 of the TBT Agreement and whether such measures are "necessary measures." Finally, we will have to review whether there is a recognized "standard" that can be applied in the international community in connection with cybersecurity regulations, or at least whether completion of those standards is imminent. It is considered meaningful to review the contents of the Panel and the Appellate Body through three cases that are suitable for looking at the above-mentioned issues of the issues that have been brought to the WTO for judgment on the above-mentioned issues.