WTO체제하 무역과 환경의 조화를 위한 “동종상품”의 판단기준

Criteria to Define "Like Products" for Trade-Environment Nexus under the WTO

  One of the most controversial issues in interpreting the product under the GATT/WTO in linking trade with environmental policies is defining what is "like product". Even though the WTO Appellate Body"s decision, differently from the panels" decisions under the GATT, opened the door for environmental consideration to be taken into account in determining "like product", it is still unclear whether the Appellate Body takes into account the environmental concerns arising solely from the process and production methods of a product in determining the likeness of product. In order to balance the value of free-trade and environmental protection, the value of environmental protection which has arguably rather poorly been evaluated should be advanced by defining the term of "like products" more obviously; i.e. the definition of "like products" should be shifted from the way of emphasizing physical characteristics into the way of emphasizing functional characteristics.