제로웨이스트 달성을 위한 폐기물 수입규제조치의WTO TBT협정 합치성에 관한 연구 : 중국 고체폐기물 수입금지조치를 중심으로

‘Zero Waste’ is one of the notable key words in the global environmental regulationtrend. As of January 2021, the amendment to Anexes entered into force, which wasadopted by the Conference of the Parties to the ‘Basel Convention on the Control ofTransboundary Movements of Hazardous Wastes and Their Disposal’ [hereinafter “BaselConvention”] on the work of its 14th meting in 2019, the movement of plastic wastewas restricted. China has implemented a complete ban on the import of al solid wastethrough the ‘Anouncement No. 53 (2020) on Maters Concerning the Complete Ban onthe Import of Solid Waste’ [hereinafter “Solid Waste Import Ban Measure”] based on therevision of the ‘Solid Waste Environmental Polution Prevention and Control Law’[hereinafter “Solid Waste Act”]. Korea anounced a road map that prohibits the importof al waste except for some products by 2030 [hereinafter “2030 Road Map”]. The BaselConvention, Solid Waste Import Ban Measure, and Korea’s 2030 Road Map are bothprimarily aimed at protecting human health, safety and environment from polutioncaused by waste. However, regulatory measures prohibitng the import of waste are likely to be judgedas unaceptable regulations under the ‘World Trade Organization’ [hereinafter “WTO”]system which ensures the international fre trade order. There is a posibilty, especialy,of violating the principle of prohibiton of unecesary obstacles to trade orharmonization based on international standards under the ‘Technical Bariers to TradeAgrement’ [hereinafter “TBT Agrement”]. For this reason, the main purpose of thisstudy is to examine whether China's Solid Waste Import Ban Measure is consistent withTBT Agrement. As a result of the review, it was found that the China’s measure, asa technical regulation to which TBT Agrement Article 2 aplies, may violate theobligation of Article 2.2 of the TBT Agrement. The consistency of Article 2.2 of the TBTAgrement wil be determined by the existence of alternative measure which is lestrade-restrictive than those of China and achieve equivalent or greater degre ofcontribution to the objective at the same time. In the proces of reviewing the consistencyof Article 2.4 of the TBT Agrement, the key isue is whether China’s measure wasimplemented based on the Basel Convention as a relevant international standard. Eventhough the Solid Waste Import Ban Measure difers somewhat from the ‘control of thetransboundary movement of hazardous wastes,’ it was found that the China’s measure,based on the Basel Convention, conforms to the obligation of Article 2.4 of the TBTAgrement. The review of the consistency of the TBT Agrement on the China’s Solid WasteImport Ban Measure has great implication for the Korea’s 2030 Road Map. In order forKorea to move toward a sustainable society without disturbing the fre trade order onwaste trade through legitmate waste import regulation in harmony with trade andenvironment, it is necesary to clarify the objective of ‘Waste Zero Import’ as the basicprinciple of waste import by law, to ‘mutualy recognize’ China’s Solid Waste ImportBan together with other States, and to ensure the measures are taken in a maner thatdo not constiute a means of ‘arbitrary or unjustifable discrimination’ nor ‘disguisedrestriction on international trade.’