기술규정 관련 규제조화를 위한 국내대응방안 연구

The inclusion of a chapter on regulatory coherence in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) represents a major development in the field of international trade law. Regulatory protectionism in the area of technical regulations is not as easy to detect as the application of a tariff or quota. Regulatory coherence could play a major role in a wide range of subject areas including technical barriers to trade, and thus, this article, focus on elements of regulatory coherence in technical regulations. The regulatory coherence goals are to eliminate unnecessary regulatory barriers and to make the regulatory systems of member countries more compatible and transparent. At the same time, regulatory coherence impose some limits on the regulatory autonomy of Members that decide to adopt technical regulations. This has led to the emergence of voices criticising the incorporation of regulatory coherence into the technical regulations. In this sense, it is necessary to find appropriate balance between free trade and sovereign rights to regulate. This article suggests domestic countermeasures for the regulatory coherence in technical regulations by analyzing major elements of regulatory coherence in CPTPP and TBT agreement, in an effort to find a sensible trade-off between sovereign autonomy and trade liberalization.