WTO의 무역과 환경의 조화를 위한 사법적 접근

Judicial Approach For Harmonization Between Trade and Environment Under the WTO

&nbsp;&nbsp;The legal conflicts between international trade laws and environmental laws obtained notoriety after the 1991 Tuna-Dolphin case decided under the GATT. The Tuna-Dolphin decision implied that GATT provisions were apt to be in conflict with domestic and multilateral environmental laws, and that those conflicts could be treated with by trade tribunals biased in favor of the trade agreements.<BR>&nbsp;&nbsp;The WTO Appellate Body&quot;s decisions, however, has showed that the GATT differently from the panel&quot;s decision under the GATT, opened the door for environmental consideration. To resolve trade/environment conflicts, the Appellate Body has been able to find evidence to support the individual countries&quot; trade-related Environmental measures in two ways. First, the Appellate Body has decided to stay as close as possible to the ordinary meaning of the text of the trade agreements. Second, when the language was unclear, the Appellate Body found evidence of political agreement outside it, including in environmental treaties and declarations. Through there two ways, the Appellate Body turned to greening in trade jurisprudence and could stepped toward harmonization between trade and environment.