WTO의 무역과 환경의 조화를 위한 사법적 접근

• 영문명: Judicial Approach For Harmonization Between Trade and Environment Under the WTO
• 발행기관: 한국국제상학회
• 저자명: 이은섭(Eun-sup Lee) 김철수(Cheol-soo Kim)
• 간행물 정보: 『국제상학』國際商學 第21卷 第4號, 165~185쪽, 전체 21쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  The legal conflicts between international trade laws and environmental laws obtained notoriety after the 1991 Tuna-Dolphin case decided under the GATT. The Tuna-Dolphin decision implied that GATT provisions were apt to be in conflict with domestic and multilateral environmental laws, and that those conflicts could be treated with by trade tribunals biased in favor of the trade agreements.
  The WTO Appellate Body"s decisions, however, has showed that the GATT differently from the panel"s decision under the GATT, opened the door for environmental consideration. To resolve trade/environment conflicts, the Appellate Body has been able to find evidence to support the individual countries" trade-related Environmental measures in two ways. First, the Appellate Body has decided to stay as close as possible to the ordinary meaning of the text of the trade agreements. Second, when the language was unclear, the Appellate Body found evidence of political agreement outside it, including in environmental treaties and declarations. Through there two ways, the Appellate Body turned to greening in trade jurisprudence and could stepped toward harmonization between trade and environment.

목차

Abstract
Ⅰ. 서론
Ⅱ. 무역과 환경간의 충돌과 쟁점
Ⅲ. 환경관련 규정의 해석
Ⅳ. 관련협정의 원용
Ⅴ. 결론
참고문헌

키워드

CTE Trade-Related Environmental Measure Like Products Sustainable Development