TBT협정상 ’정당한 목적’에 관한 연구

A Study on ‘Legitimate Objective’ in the Context of TBT Agreement

Under the Agreement on Technical Barriers to Trade (TBT Agreement), WTO members have the right taking measures necessary for national security requirements, the prevention of deceptive practices, protection of human health or safety, animal or plant life or health, or the environment. At the same time, the members have several obligations and they are described in Artical 2 more particular. The Article 2 of TBT Agreement contains two important obligations. One is ‘national treatment’ (Article 2(1)) and the other is ban on unnecessary obstacles to international trade (Article 2(2)). The object and purpose of the TBT Agreement is to strike a balance between trade liberalization and members’ right to regulate. This paper focuses on the 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 ‘legitimate objective’ under Article 2(2) of the TBT Agreement through the WTO dispute cases.