GATT 第1條와 第3條에서 同種商品 槪念의 差異

Abstract

Like product is a central concept in the General Agreement on Tariffs and Trade. It appears in numerous provisions, and then defines to which products the rights and obligations of the GATT Agreement apply. Although it is a central concept, and has been around since the origins of GATT in 1947, the definition of like products is not settled. The meaning of like product is likely to vary from one GATT provision to another. This statement suggests that, notwithstanding the lack of a precise definition, there may be a identifiable and describable differences in the meaning, or at least the range of meaning, accorded to that term from one Articles to another. The purpose of this paper is to examine one setting in which such a difference of meaning might be expected to occur. This paper asks whether such a policy-based difference in meaning can be found between the meaning accorded to the like product concept in the Most Favoured Nation obligation of GATT Article Ⅰ: 1, and the the meaning accorded to the like product concept in the National Treatment obligations of paragraphs 2 and 4 of GATT Article Ⅲ In conclusion, the analysis suggests Articles III(2) (first sentence), III(4) use like to connote identity or very close similarity. Articles I(1) might extend beyond that to interchangeable items. Articles III(2) (second sentence) appears to extend beyond identity or close similarity to encompass entirely distinct yet interchangeable goods.