러시아-우크라이나 철도 장비 관련 WTO 분쟁의 TBT 쟁점 연구

This paper analyzes core legal issues addressed in a WTO dispute between Russia and Ukraine on trade in railway equipment and parts thereof (WT/DS499). This paper notes that, for the first time, Dispute Settlement Body (DSB) ruled the case by applying Article 5 of the TBT Agreement, and discusses major systemic issues reviewed by the DSB, particularly of those provisions relating to non-discrimination and necessity aiming to regulate trade-restrictive conformity assessment procedures. Overall, it is assessed that the case has made an important step forward in interpretation and application of Article 5.1 and 5.2 by emphasizing supplier’s right to conformity assessment. Main findings deal with interpretation of ‘a comparable situation’, allocation of disputants’ burden of proof and clarification of specific criteria for notice.