WTO/TBT협정 제2.2조의 해석에 관한 연구 - 사례를 중심으로 -

The preamble of the Agreement on Technical Barriers to Trade (TBT Agreement) shows that ‘no country should be prevented from taking measures necessary to ensure the quality of its exports, or for the protection of human, animal or plant life or health, of the environment, or for the prevention ... with the provisions of this Agreement;’. Through multilateralism and proliferation of regionalism, the world trade system led to positive effects for the vitalization of free trade with tariff reductions. However, increases of non-tariff barriers such as member countries different labelling, recognition and safety standards for the protection of their own countries industries have caused conflicts between member country’s rights and obligations to use their autonomy for the protection of human, animal or plant life or health, of the environment. Even though the TBT Agreement is meaningful in the world trade system, it has limited the WTO disputes related to the TBT Agreement. However, there are three cases interpreted by the agreement in 2012 and through many previous studies examined about the three cases so this paper limits the scope to only Article 2.2. To clarify the points, firstly this paper analyses the background of the WTO/TBT agreement. secondly, examines the three cases adopted from the WTO/DSU under the TBT agreement Article 2.2 and lastly, the possibility of harmonization between the promotion of trade and member’s autonomy and the requirements.