WTO 규범과 회원국 국내법과의 규범 마찰과 그 전망 －EU 무역장벽규칙(TBR)의 접근방법을 중심으로－

Abstract

One of the most triggering challenges facing WTO law is how effectively the WTO law could resolve norm conflicts between Members' domestic law and the WTO law. For the solution of the norm conflicts, European Community ("EC") TBR shows an amicable model. TBR of 1995 is a legal instrument that gives the right to the EC enterprises and industries to lodge a complaint, which obliges the European Commission to investigate whether there is evidence of violation of international trade rules resulting in adverse trade effects. A wide range of adverse effects against EC trade with the third countries is handled by the Regulation, mainly in terms of international trade rules. In this context international trade rules are primarily those established under the auspices of the WTO and laid down in the Annexes of the WTO Agreement. In addition the rules include other international agreements and bilateral agreements between the EC and a third country. The result of an investigation based on TBR is that the procedure will lead to either a mutually agreed solution to the problem or to resort to dispute settlement. The TBR is also an instrument of commercial offence to open third country markets by eliminating obstacles to trade for the benefit of EC’s exporters. The TBR has a broad scope of application and applies not only to goods but also to some extent to services and intellectual property rights, when the violation of rules concerning these rights has an impact on trade between the EC and a third country. In this article, the scope and real 13 cases of the TBR are examined. Main focus concerns its implications in maneuvering and applying the Investigation on Unfair Trade and Relief of Industrial Damage Act of Korea.