WTO협정시각에서 본 환경 및 기후변화협약

Abstract

Recently global climate change is one of big issues to the world. Though the importance of the climate change is shared to most of countries, response and method of mitigation of that are diverse and different because of each country's trade status. Developed countries have a tendency to make a strict rule of international trade and environment laws to reduce greenhouse gas, however, developing countries consider the strict laws as non tariff barriers which are banned under the World Trade Organization and the GATT. From the unsettled situation, it is natural that emerging conflict between free trade and environment convention is requiring a balancing system. This Paper treated the conflict and seeks to find balanced and settled solution. First, approach from environment convention to free trade shows that UN and OECD conventions included not only environment protection but also compensation doctrine for export country harmed by importing country’s domestic environmental actions. Secondly the GATT and the WTO’s environmental exception and waive are introduced as mechanisms for the climate change. Thirdly, the most recent mechanism of climate change reduction, that is, Kyoto mechanism was screened under scheme of World Trade Organization. Finally, this study is willing to show that global community is finding a consensus to solve the conflict between free trade and environment protection.