청정수소 무역규칙 및 그 거버넌스에 대하여

In the context of achieving carbon neutrality, hydrogen has emerged as a pivotal element, viewed as a future energy source with the capability to store and transport clean energy. Consequently, the trading of clean hydrogen has gained significant attention as a critical global issue. Within the hydrogen economy, clean hydrogen is anticipated to play a fundamental role in realizing carbon neutrality, closely tied to principles such as non-discrimination, the SCM Agreement, and the TBT Agreement. To begin with, the definition of clean hydrogen and its certification can be seen as two sides of the same coin. Clean hydrogen certification is considered a crucial first step in realizing carbon neutrality, representing a challenge that must be addressed first in global hydrogen trade. In the TBT Agreement, a method to address differences in certification standards can be achieved by requiring the use of relevant international standards. Furthermore, energy is known as the sector that receives the most subsidies worldwide. Large-scale investments in clean hydrogen are essential for decarbonization. The legitimacy of green subsidies has been continuously debated, and discussions about reforming subsidies for fossil fuels have also gained notable attention. However, resolving these issues without amending the existing subsidy agreements seems challenging. To address these challenges, there is a need to establish new governance mechanisms for hydrogen trade. Multilateral organizations such as the WTO require consensus and prolonged negotiation periods for amendments. The approach through plurilateral agreements remains challenging. A recent trend involves addressing these challenges by incorporating an energy chapter into preferential trade agreements. In particular, the EU aims to regulate energy and the environment by including an energy chapter in its free trade agreements with other countries. While energy, including hydrogen, can be addressed within the WTO, it does not necessarily mean that the current legal framework is suitable for optimizing energy treatment. Governance for clean hydrogen trade seems likely to progress through the energy chapters of preferential trade agreements.