GATT제11조의 해석과 적용

The Interpretation and Application of Article XI of the GATT

In this paper I deal with some basic issues facing the interpretation and application of Article XI of the GATT based on GATT/WTO cases. Article XI prohibits the use of quantitative restrictions on both imports and exports, irrespective of their rationale. Here, quantitative restrictions on trade in goods mean measures that limit the quantity of a product for import or export. The WTO seeks to encourage countries to use tariff duties rather than quantitative restrictions as a means for regulating trade. This article begins with the rationale for why tariffs are preferable to quantitative restrictions. Traditionally it is said that Articles I and II or Article XI applies to border measures while Article III applies to internal ones. But it came to light that it is unclear whether Article XI applies only to border measures in the WTO system. This article covers how to manage this issue. The important issue presented by Article XI lies in defining its scope. Its wording suggests that it applies to all import restrictions other than duties, taxes or other charges. But to what extent does it cover other measures that adversely affect imports? On the other hand, there are many exceptions to Article XI. But this article deals with two exceptions only. One is Article XI, paragraph 2 (Non-BOP exceptions); the other is Article XII or Article XVIII, Section B (BOP exceptions). Those two exceptions are directly related to Article XI. Assuming one of the legal exceptions for the imposition of quantitative restrictions has been met, the adminstration of the quantitative restrictions is subject to further regulation or control through Article XIII of the GATT. This article addresses the rule on non-discrimination, the distribution of trade and the import-licensing procedures in due order.