환경관련 무역제한조치의 보호수준설정에 관한 연구

A Study on Establishment of Appropriate Level of Protection of Trade-Related Environmental Measures

There is growing concern over the use of domestic regulations and WTO s regulations such as establishment of appropriate level of protection(ALOP). WTO agreement provide for disciplines that a WTO member s autonomy in setting ALOP. ALOP is defined in Paragraph 5 of Annex A to the WTO Agreement on the Application of Sanitary and Phytosanitary Measures(SPS Agreement). Through WTO dispute settlement processes, this concept has migrated to Article XX of GATT 1994. If WTO members retain full autonomy to choose their ALOP, this would have profound implications for WTO jurisprudence. This paper intends to explore that how a panel balances a member s inviolable right of setting its ALOP with other trade obligation. The case law under Article XX has demonstrated inconsistencies as to when WTO member s right to set their ALOP will be respected. I argue that such inconsistencies may be explained by a value-based approach adopted by the Appellate body.