GATT 제1조의 조의 해석과 적용

The Interpretation and Application of Article I of the GATT

This paper deals with the interpretation and application of Article I of the GATT based on the WTO case law. Article I provides that Most-Favoured-Nation Treatment is the general principle of the GATT. While Article I clearly casts a wide net, its scope of application is not unlimited. To determine a violation of Article I, it will be first examined whether there are advantages of the types covered by Article I. Secondly, it will be decided whether the advantages are offered (i) to all like products of all other WTO members and (ii) unconditionally. When examining whether products are like within the meaning of Article I, paragraph 1, WTO dispute settlement organs usually consider the characteristics of the products, their end-use, tariff classification or consumers' tastes and habits. It is generally accepted that the concept of ‘like products’ has a different meaning in the different contexts in which it is used. In Japan-Alcoholic Beverages II, the Appellate Body illustrated the possible differences in the scope of the application of the concept ‘like products’. In that case it stated three elements, namely, that the concept of likeness is a relative one that evokes the image of an accordion, that the likeness is therefore determined on a case-by-case basis, that to determine whether products are in fact like always involves an unavoidable element of individual, discretionary judgement which however should not be arbitrary. Spain-Unroasted Coffee and Japan-SPF Dimension Lumber may be good examples for representing this view. What has been said above is why we should pay attention to from whose perspective ‘likeness’ will be judged, along with objective factors, such as the characteristics of the products, their end-use, tariff classification or consumers' tastes and habits.