Earticle

초록

영어

In Article 2.1 of the TBT Agreement, it can be seen that the judgment of non - discrimination is considered to be unfavorable treatment rather than the like products. It also affects the interpretation of Article 2.2 of the TBT Agreement. The regulation prohibits unnecessary trade restrictions and examines it as a necessity test. First, it considers the legitimacy of the objectives of the action, second the contribution of the action, and third, whether the action is necessary to achieve the objective. The appellate Body has repeatedly pointed out that there is no minimum standard for the contribution of the measure and that a qualitative assessment should be made rather than a quantitative assessment. In the end, it is important that the action and the legitimate purpose have important connections. However, in spite of this importance, it should consider the fair operation of the measures and the attainment of the objectives in addition to the legitimate objectives.

목차

Abstract
I. 서론
II. TBT협정과 규제자치권
III. TBT협정의 ‘정당한 목적’관련 사례분석
IV. 호주 담배포장규제사건과 ‘정당한 목적’ 기준
V. 결론
참고문헌

키워드

저자

• 김철수 [ Cheol-Soo Kim | 부경대학교 국제통상학부 조교수 ] 제1연구자

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  무역통상학회지 [Journal of Korea Research Association of International Commerce]

• 간기

  격월간

• pISSN

  1738-4354

• 수록기간

  2001~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 326 DDC 380