유해폐기물의 국가간 이동과 국제통상규범 ―환경협정과 WTO협정의 조화적 해석을 중심으로―

This article examines trade measures of regulating transboundary movement of hazardous wastes in various Multilateral Environmental Agreements(MEA). It begins with a brief examination of the MEA rules focusing the Basel Convention and its annexed Protocols, in terms of transboundary movement of hazardous wastes. It will then proceed to examine GATT/WTO rules, since the hazardous wastes is classified into goods and then their transaction is to be applied by the GATT rules and principles. After outlined the free trade principle of the GATT/WTO law, it tries to justify the trade restrictive measures in the MEA, by way of the two general exception provisions of the GATT, i.e., national security (GATT art. 21 mainly relevant to radioactive wastes) and general exceptions (GATT art. 20 relevant to hazardous wastes). As regards the jurisprudence of GATT art. 20, two elements are prioritized, i.e. ‘necessity’ test in the article 20(b) and ‘disguised protection on international trade’ in the chapeau of aricle 20. First, the necessity test reflects the balance in the GATT between preserving the freedom of Members to achieve regulatory objectives, and justifying the intervention of WTO for Members not to adopt or maintain unduly restrictive trade measures. Second, the disguised protection test encourages the purpose and object of avoiding abuse or illegitimate use of the article 20(b) exception. In conclusion, analyzing the trade restrictive measures in the MEA in context of GATT article 20(b) jurisprudence, it maintains that the transactions of hazardous wastes including radioactive wastes can be interpretatively justified by the GATT/WTO exception, building a more sustainable development goal.