WTO TBT 분쟁 사건 분석:상식적 추론과 분쟁 결과 간 부합 여부 검증을 중심으로

Abstract

Recently, Non-Tariff Barriers(NTBs) such as Technical Barriers to Trade(TBT) have been actively used by countries worldwide due to the increasing trend of protectionism. Although cross-border TBT disputes involve different parties than civil litigation, they are similar in many respects. Based on phenomena observed in the progression and outcome of civil litigation, five inferences that would also be present in TBT disputes were drawn and validated them through an analysis of 57 dispute cases citing WTO TBT provisions. The results of the study showed that developed countries have a higher rate of being the respondent in disputes, and the complainant states have a higher winning rate. In addition, a significant number of cases did not reach the final stage of the dispute due to the inability of the respondent government to pursue the judicial process consistently due to inconsistencies in the positions of the companies involved. In addition, a number of cases were preceded by STCs, and most of the cases in which STCs were filed proceeded to the Appellate Body. In addition, when a country's major industry is involved in a TBT dispute, the countries all responded proactively by participating in the dispute as plaintiffs. Based on the results of this study's inference verification, the policy recommendations include, first, ‘the need for pragmatic responses to technical regulations’, second, ‘active support for companies to respond new technical regulations with initiating negotiations and judicial disputes’, third, ‘participation in international standardization organizations and leading the development of standards’, and finally, ‘actively utilize the technical regulation impact assessment system, but operate the system flexibly as technical regulations may have a negative impact on some domestic companies’.