WTO SPS협정상 지역화에 관한 연구

• 영문명: A Research on Regionalization under the WTO SPS Agreement
• 발행기관: 국제법평론회
• 저자명: 김현정(Kim, Hyun-Jung)
• 간행물 정보: 『국제법평론』제63호, 171~191쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.10.31

영문 초록

The World Trade Organization (hereinafter, WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (hereinafter, SPS Agreement) is the first multilateral agreement which elaborates on the principles of Article XX(b) of the General Agreement on Tariffs and Trade (GATT) 1994. The SPS Agreement aims to protect human, animal or plant life or health, and prevent those SPS measures from discriminating arbitrarily between the WTO members. Especially, it is important to understand the Adaptation to Regional Conditions (hereinafter, Regionalization) of Article 6 under the SPS Agreement, as WTO Appellate Body in the Russia-Pigs Dispute examined the implementation aspects of Article 6.2 under the SPS Agreement. The Appellate Body reversed its previous rulings on Article 6.2 in the India-Agricultural Products Dispute, the US-Animals Dispute, and the Russia-Pigs Dispute, and highlighted the implementation aspects of the 'Regionalization Procedure', for the first time. In addition, the WTO Dispute Settlement Body (DSB) in the US-Animals Dispute and the Russia-Pigs Dispute pinpointed the relationship between the 'Import Approval Procedure' under Article 8 and Annex C, and the 'Regionalization Procedure' under the Article 6 of the SPS Agreement. Thus, this research focuses on the WTO Adjudications on Regionalization of Article 6, and its extended interpretations to the 'Import Approval Procedure' of Article 8 and Annex C of the SPS Agreement. It continues to study on the Regionalization provisions within the United States, European Union, and the Republic of Korea. Also, it analyzes and compares on the legal obligations of Regionalization provisions under the preferential trade agreements, such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter, CPTPP), the Regional Comprehensive Economic Partnership (hereinafter, RCEP), and the United States-Mexico-Canada Agreement (hereinafter, USMCA). It mainly compares CPTPP and RCEP, or CPTPP and USMCA. The main purpose of this analysis is to comprehend the contents and the level of legal obligations of CPTPP, and find legal improvements for the domestic regulations of the Republic of Korea after its accession to CPTPP. In the same vein, this research emphasizes on the significance of the WTO Adjudications and its implications to be reflected on the domestic regulations. The Republic of Korea needs to organize a systematic framework for dealing with the Regionalization requests from foreign governments, and establish an official position who specializes in the 'Regionalization Procedure'. This research will provide implications for the improvement of the legal and administrative framework of the Republic of Korea.

목차

Ⅰ. 서 론

Ⅱ. WTO SPS협정상 ‘지역화’에 관한 개념

Ⅲ. 주요 특혜무역협정상 지역화 법제의 변화

Ⅳ. 지역화의 국내적 이행

Ⅴ. 우리나라 지역화 법제의 개선방안

Ⅵ. 결 론

키워드

세계무역기구 위생검역조치협정 지역화 지역개념 인정절차 수입 승인절차 병해충 안전지역 구획화 CPTPP RCEP USMCA India-Agricultural Products 사건 US-Animals 사건 Russia-Pigs 사건 World Trade Organization WTO SPS Agreement Regionalization Regionalization Procedure Import Approval Procedure Pest or Disease Free Areas Compartmentalization CPTPP RCEP USMCA India-Agricultural Products Dispute US-Animals Dispute Russia-Pigs Dispute