SPS 지역화와 국제기준과의 조화 – SPS 제3조와 제6조와의 적용관계-

Violations of SPS Agreement Article 3.1 as well as Article 6 have also been problematic in the ‘SPS Regionalisation’ Dispute. This article explores the development of the international standards, guidelines or recommendations related to 'SPS Regionalisation' and the interpretation and application of Section 3 of the SPS Agreement in disputes over ‘SPS Regionalisation’, along with its assessment. International standards, guidelines or recommendations for ‘SPS Regionalisation’ include the OIE Terrestrial Animal Health Code and the OIE Aquatic Animal Health Code, and several international standards published by the IPPC. These international standards are expected to gain more importantance in the future as regulation such as recognition of the principle of compartmentalisation of the OIE and pest-free production sites of the IPPC are being accepted explicitly in recent EU FTAs. As international standards, guidelines or recommendations relating to ‘SPS Regionalisation’ are developed, the application of Article 3 in the ‘SPS Regionalisation’ dispute has become a serious issue. The WTO dispute settlement body held that a Member's measure could not contradict the international standards, guidelines or recommendations, and nevertheless be considered based on it within the meaning of Art. 3.1. As the particular SPS measures contradicted certain recommendations of the OIE Terrestrial Animal Health Code, the relevant international standard, the Panel found that the measures were inconsistent with Art. 3.1. Since the OIE had come up with the detailed recommendations for compartments in various animal disease, this likely leads to a conclusion of a violation of Article 3.1, if Members may try to achieve a higher level of health protection than that reflected in international standards, guidelines or recommendations relating to ‘SPS Regionalisation’. This article explores the problems of this interpretation and suggests a desirable interpretation and application of Article 3 in ‘SPS Regionalisation’ Disputes.