‘법률 또는 규정의 준수 확보를 위해 필요한 조치(GATT 1994 제20조(d)항)’의 적용 요건에 관한 연구

A Study on the Requirement of ‘The Measures Necessary to Secure Compliance with Law or Regulations (GATT 1994 Article 20(d))’

The WTO system is aimed at free trade but, in certain cases, exceptions are allowed. The 10 exceptions are listed from (a) to (j) in GATT 1994 Article XX (General exceptions). The fourth of them is stated in the text as “necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices.” The purpose of this paper is to interpret the meaning of this clause (GATT 1994 Article XX(d)). There are many ways to interpret the WTO agreement, but this paper focuses on the interpretation of the Panel and the Appellate Body of the WTO Dispute Settlement Body. The Panel and the Appellate Body considers the requirement of this clause (1) the measures for ‘secure compliance’ with laws or regulations themselves not inconsistent with the General Agreement and (2) the measures were ‘necessary’ to secure compliance with those laws or regulations. This thesis focuses on the interpretation of the requirements of the GATT 1994 Article XX(d) and aims at highlighting the meaning of ‘secure compliance’, ‘laws or regulations not inconsistent with the General Agreement’ and ‘necessary’ to secure compliance with those laws or regulations.