국제표준으로서 탄소집약도와 TBT협정 제12(3)조의 적용 가능성 검토

Abstract

It is clear that the current conflict between environmental regulation and trade liberalization will continue. In the best case scenario, WTO agreements resolve these conflicts and unify and regulate environmental regulations within the international trade system. One of the prominent policy goals in recent decades is to promote trade policies that benefit developing countries. Article 12(3) of the TBT Agreement is one provision that reflects this objective, and is intended to ensure that as countries promulgate more complex and far-reaching regulations, the concerns of developing countries are not ignored and that such regulations do not create unnecessary barriers to trade. For other countries enacting similar regulations as Europe, it is important to communicate proactively with trading partners in developing countries who are most likely to be affected by the regulation. Such communication will not only serve to document compliance with Article 12(3), but also foster a spirit of international cooperation and negotiation as regulating States “take into account” the needs of developing countries.