미국-EU 간 글로벌 지속가능 철강협정 (GSSA)에 관한 국제통상법적 검토

In recent years, the international community has been actively promoting new initiatives that integrate trade and climate policy to combat climate change, with efforts to strengthen global cooperation on carbon reduction and policy. The Global Arrangement On Sustainable Steel And Aluminum (GSSA) can be considered as a Climate Club, establishing carbon reduction targets for the steel and aluminum industries and promoting cooperation among countries. In the GSSA negotiation, the U.S. proposed imposing additional tariffs based on the carbon intensity of goods, distinguishing between members and non-members. Such measures may violate Articles I and III of the GATT, as they impose tariffs based on carbon emissions from the production of goods, i.e., non-product-related production and processing processes (NPR-PPMs). The U.S. and the EU have emphasized that the GSSA should be designed to ensure consistency with international norms and obligations. Additionally, as the EU participates in the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), ensuring the GSSA’s consistency with the WTO agreements is important. If the GSSA's measures violate the GATT, the exceptions under GATT Article 24, Article 20(g) and (h), and Article 21 can be invoked. However, the GSSA is unlikely to qualify for the exception under GATT Article 24, as it applies only to the specific ‘steel and aluminum’ products and thus is unlikely to meet the ‘substantially all trade’ requirement. The GSSA may qualify under GATT Article 20(g) as a measure to conserve natural resources by reducing carbon emissions and under Article 20(h) as an agreement to address over- capacity, carbon intensity, and environmental sustainability in the steel and aluminum sectors. However, it is unlikely to meet the chapeau requirements of GATT Article 20, as it is inconsistent with the UNFCCC's CBDR-RC principles and the Paris Agreement's NDCs. Moreover, it is likely to result in discriminatory measures against non-members and disguised restrictions on international trade. It is uncertain whether the GSSA would qualify for the security exception under GATT Article 21. However, given that past WTO panels have not recognized an Article 21 exception for U.S. Section 232 tariff measures, and considering that the GSSA is based on similar overcapacity concerns and Section 232 tariff disputes, it is unlikely that the GSSA would qualify for the Article 21 security exception. Negotiations on the GSSA have stalled, and significant changes are expected following President Trump’s return to the office. In the second Trump administration, the GSSA is unlikely to be a priority, and the existing Section 232 tariffs are likely to be re-imposed. Following the implementation of the EU CBAM, major economies are expected to adopt environmental regulations concerning the carbon intensity of goods. The U.S. is also actively promoting carbon tax related legislation and is likely to adopt similar policies. Korean companies should closely monitor carbon regulations in major countries, strive to reduce carbon emissions in their supply chains and establish a systematic strategy to proactively respond to regulatory changes in major export markets.