일방적 통상체제의 강화와 WTO 규범의 변화

This article examines the current state of the GATT/WTO system, which began as a multilateral trade regime but is now being weakened by unilateral actions mainly from major member states, and explores the future prospects for the trading system. The WTO enjoyed the heyday of the multilateral system through its fundamental principles of non-discrimination and expanded market access, along with its rules-based dispute settlement system. However, since the 2008 economic crisis, the focus of trade policy has shifted from trade liberalization to protecting domestic industries due to complex factors such as the intensification of geopolitical conflicts like the US-China rivalry, the need for new industrial policies to promote domestic industries, and the strategic restructuring of supply chains. These shifts in the international trade environment present significant challenges for WTO norms, demanding substantial adaptation. This article examines the challenges of WTO norms in response to the strengthening of unilateral trade regimes, focusing on four types of unilateralism and four key characteristic areas. Specifically, it addresses: (1) Tariff concessions and the MFN principle, (2) The progression of de-judicialization, (3) The reinforcement of national security, (4) Strengthening of domestic trade regulations. By examining the issues and evaluating each area, this paper proposes future pathways for the WTO. Given the intensifying unilateral trade policies, for the WTO to accommodate the changed situation and enhance its responsiveness: (1) Considering the soft nature of trade norms, a new global agreement on trade liberalization among major trading nations, including the US, China, and Europe, is necessary; (2) Given the current relative vitality of regional trade agreements, the WTO must actively participate in concluding such plurilateral agreements to revitalize the multilateral system; (3) Considering the importance of domestic enforcement norms like trade remedy systems and domestic investigation procedures, efforts must be made to coordinate between countries through flexible mechanisms like the WTO Trade Policy Review Mechanism (TPRM); (4) It concluded that restoring the dispute settlement system is crucial because the absence or impairment of its fundamental dispute resolution function would jeopardize the WTO's continued operation and threaten its very existence.