EU 탄소중립산업법(NZIA)의 국제통상법적 해석 기준에 관한 연구

Abstract

Recently, in the process of reorganizing the international trade order through carbon neutrality (Net-Zero), the trend of the WTO system's environmental response policy is examined, and international legal discussions are raised on how the core keyword of global environmental protection as a subject of coordinating the international trade order affects each country's climate change mitigation activities and legislative action process. In other words, there is a need for research to suggest interpretation standards that can minimize international trade disputes by reinterpreting related issues from the perspective of international law and how the policies and laws of each country's response to climate change and industrial restructuring, including the EU, have a correlation with various WTO agreements. However, in this process, the WTO system has the economic purpose of solving global warming through low carbon, greenhouse gas reduction, green deal policy including RE100 and promoting free trade between countries, but it should be understood that environmental protection and free trade are not in conflict with each other but are in a relationship of mutual complementation and cooperation. In this study, the EU-led Net Zero Industry Act(NZIA) and the Net Zero Europe Platform(Net Zero Europe Platform) set strategic carbon neutral technologies to set production targets in the EU and analyze international trends such as regulatory simplification, investment promotion, and infrastructure construction to support related carbon neutral technology manufacturing projects. In addition, the purpose of this study is to combine the possibility of conflict of major WTO norms in the field of international law with direct trade regulation for environmental protection under the International Climate Convention, low carbon economy, environment and trade issues, and to present international trade law standards for dispute resolution in the future. The results of the study are as follows: First, the NZIA regulations have no clear criteria for reviewing and evaluating the achievement of specific goals other than simply promoting investment in relation to the realization of carbon neutrality targets and regional manufacturing capacity enhancement targets in the European Climate Law. The effectiveness and effectiveness of the law can be questioned. Second, if the NZIA standard is accepted as an entry requirement for offshore companies to enter the EU market, it is expected to create a fair competition environment for the offshore companies and to comply with the level of the international trade environment. However, excessive offshore application is considered to be another protection trade barrier against the entry of trading partners into the EU market. Third, NZIA can function sufficiently as an IRA countermeasure legislation because it contains the purpose of promoting carbon neutral investment in the region, sharing related technologies, and strengthening the regional supply chain compared to the national protectionism policy proposed by the US IRA. In particular, NZIA, which was established as a necessity to check China's subsidies and unfair trade practices to EU-entered companies along with China's entry into the WTO, has legislated the EU's eco-friendly industry and supply chain reorganization to create a fair competition environment in the EU market, and furthermore, it is evaluated as a product of efforts for sustainability such as labor and environment in connection with trade policies. Fourth, NZIA appears to regulate foreign countries in the form of non-tariff trade barriers (NTBs), but there is an interpretation that it conforms to the WTO's fair competition regulations in that it does not specify explicit discrimination against imports from EU countries. Therefore, it is highly likely that it will operate positively within the scope of compliance with international trade standards along with recent legislative measures of the EU, such as TCTF and CRMA, acting as equal opportunity factors with local companies. Fifth, the investigation method to judge the validity and appropriateness of the subsidy payment can be carried out in parallel if the requirements are met because the subsidy investigation based on the WTO subsidy agreement and the subsidy investigation according to the FSR are separate independent systems. However, since the FSR grants a relatively comprehensive discretion to the European Commission, it can directly regulate third-country companies that have entered the EU region. Therefore, there is a possibility that the FSR will be favorably applied to the NZIA because it compensates for the disadvantages of the subsidy investigation under the WTO subsidy agreement. The benefits that NZIA grants to companies in the region can act as a kind of discriminatory criterion for companies that want to set up production facilities offshore, raising the possibility of modifying some regulations in the future. In other words, it is necessary to gradually promote investment attraction by providing benefits such as technology utilization, regulatory sandboxes for strengthening regional cooperation, sustainable carbon neutral energy technology support, tax credits, and financing to EU offshore companies through the introduction of the EU carbon neutral platform applied to the EU region.In addition, if Korean companies plan to establish or expand manufacturing facilities in the EU region or have already invested in them, NZIA can act as an opportunity factor. Finally, it is suggested that Korea should strengthen its trade competitiveness and strengthen its partnership to secure strategic partnership status as a carbon neutral technology partner of the EU through the carbon neutral platform