TBT 협정상 ‘불필요한 무역장애 금지’ 규정에 대한 연구

‘Unnecessary Obstacles to International Trade’ in the Context of the Agreement on Technical Barriers to Trade (TBT Agreement): Some WTO Dispute Cases

Under the TBT Agreement, WTO members have the right to take measures necessary for the protection of human, animal or plant life or health, of the environment, or for the prevention of deceptive practices. At the same time, WTO members have several obligations and these are described more particularly in Article 2 of TBT Agreement. The Article 2 of TBT Agreement contains two important obligations. One is ‘national treatment’ (Article 2.1) and the other is a ban on unnecessary obstacles to international trade (Article 2.2). This paper focuses on Article 2.2 of TBT Agreement and it provides that the measures are not prepared, adopted or applied with view to or with the effect or creating unnecessary obstacles to international trade. For this purpose, technical regulations shall not be more trade-restrictive then necessary to fulfil a legitimate objectives. The purpose of this paper is to interpret the meaning of ‘unnecessary obstacles to international trade’, ‘more trade-restrictive then necessary to fulfil a legitimate objectives’ under Article 2.2 of the TBT Agreement through some WTO dispute cases.