국제통상질서에서 오염자부담원칙의 적용에 대한 고찰: 기후변화 이슈를 중심으로

As climate change transforms into a climate crisis discourse, there is a growing demand for the international trade system to actively respond to the global goal of carbon neutrality. As one possible approach, this paper examines how the Polluter-Pays Principle(PPP), primarily developed in international environmental governance, is applied within the international trade system. The GATT/WTO Agreement does not explicitly mention the PPP. Nevertheless, even before climate change has taken the central stage on the WTO's agenda, efforts were made to utilize trade as a tool to achieve sustainable development goals and support the international community's environmental agenda. Recently these efforts have been captured in a way that puts a substantial burden on the state by applying PPP through the Regional Trade Agreements(RTA). The RTAs which have been actively signed since the establishment of the WTO, have introduced diverse provisions to address climate change. The most common provision is one that identifies climate change mitigation and adaptation as an area of cooperation. However, in recent years, there has been a shift towards promoting not just mere cooperation, but also practical measures for climate change mitigation and carbon dioxide reduction through trade. In other words, PPP are applied in international trade governance to enhance the implementation and enforcement of Nationally Determined Contributions(NDSs) voluntarily established by each country. In the realm of international trade, PPP can serve as a specific implementation mechanism wherein both contracting Parties or companies in that Party, or trade sanctions could be employed as the last resort. Korea is recognized as a country that effectively addresses international environmental issues through RTAs. To further strengthen Korea’s existing position, it is worth considering the application of PPP to future RTAs. This would countribute to providing more robust measures for addressing environmental concerns within the context of international trade. However, these advancements have not been adopted as established standards in a multilateral trade system that includes countries with diverse regions, economic levels, and climate vulnerabilities. In January 2023, the WTO launched a new Coalition of Trade Ministries on Climate, comprising trade ministers. As a means for trade to foster cooperation that contributes to climate adaptation and mitigation, this Coalition should deliberate on the methods to implement the polluter pays principle within the multilateral trade governance.