貿易과 環境의 連繫에 관한 硏究 : 무역 紛爭事例를 中心으로 = (A) Study on Linkage of Trade and Environment : Focusing on the Case Study of Trade Disputes Linked with Environment

다국어 초록 (Multilingual Abstract)

Since World War Ⅱ, the volume of international trade has been much increased owing to reduction of tariffs and elimination of non-tariff barriers in GATT system. However, problems of application of free trade rules has occurred on the other hand, because international trade bring about exhaustion of natural resources and contamination of world environment.
Therefore, positive debate on the international trade-environment began from the middle of 1980s. The most urgent issue is the emerging conflict between policies designed to promote environmental protection and trade liberalization. From a trade policy point of view, there several concerns that arise with respect to the trade impact of environmental measures. The greatest concern is that domestic environmental measures will be misused as disguised barriers to trade. On the other hand, from the environmental perspective, the concerns are reversed. International trade rules and national trade policies are seen as insensitive to environmental objectives. Environmentalists are generally concerned that trade rules give far greater weight to commercial considerations than environmental considerations, and that international trade procedures are so secretive as to hide that fact.
In these situation, a variety of multilateral environmental conventions in which included trade restrictions for preserving global environment have been concluded. And, the harmonization of trade policy and environmental policy was affirmed in UNCED which had been held in Rio de Janeiro in june, 1992. And also, it has been positively discussed in GATT/WTO system.
Recognizing these points, this thesis aims at, firstly reviewing the arguments and status of international trade and environment, secondly presenting the effects of multilateral environment convention on Korea, thirdly studying the implications that international disputes relating to linkage with trade and environment by analyzing the case studies on trade-environment disputes in GATT/WTO system.
As a result of this studies, I found several important points relating to linkage with trade and environment.
Firstly, there are about two hundreds of multilateral environmental conventions, among these conventions, about thirty conventions have the provisions of trade restrictive measures. But the multilateral environmental conventions which include the provisions of trade restrictive measures seems to be increased in the future. Therefore, frictions between the advanced countries and developing countries will be increased.
On the other hand, linkage of trade and environment has been discussed positively in GATT/WTO, UN, OECD, ISO etc. Especially, GATT/WTO agreement has the provision that prohibits trade restrictive measures on account of preservation of environment. Moreover, Committee on Trade and Environment(CTE) was established to work continuously for harmonizing in linkage with trade and environment.
Nevertheless, international trade disputes which are linked to environment are arising frequently between the advanced countries and developing countries.
Until now, Korea is treated as developing country and most obligation of MEAs are exempted or reserved. However, several advanced developing countries including Korea will be graduated from the exemption or reservation of the obligations.
Accordingly, Korea has to establish a new industrial policy for developing the energy-saving industrial structure and cope with the deterioration of export market by developing the products that are not destroy global environment. And also, Korea has to participate in the international environmental negotiations to reflect our opinions and positions.

목차 (Table of Contents)

• 목차 = ⅰ
• Abstract = ⅳ
• 第Ⅰ章 序論 = 1
• 제1절 연구의 필요성 및 목적 = 1
• 제2절 연구의 방법 및 구성 = 2
• 第Ⅱ章 貿易과 環境問題의 連繫에 관한 一般的 考察 = 4
• 제1절 연계논의의 배경 = 4
• 1. 상호연계성 = 4
• 2. 다자간 논의의 진전 = 8
• 제2절 무역과 환경문제의 기본원칙 = 10
• 1. 지속가능개발의 원칙 = 11
• 2. 오염자부담의 원칙 = 12
• 3. 예방의 원칙 = 16
• 제3절 무역과 환경문제에 대한 기본입장 = 18
• 1. 환경 보호론자와 자유무역론자의 대립 = 18
• 2. 선진국과 개도국의 대립 = 20
• 제4절 무역과 환경문제에 대한 규제수단 = 22
• 1. 경제적 규제 = 22
• 2. 직접적 규제 = 26
• 第Ⅲ章 貿易과 環境問題의 連繫와 關聯한 論議와 多者間環境協約 = 29
• 제1절 UN 논의동향 = 29
• 제2절 OECD 논의동향 = 31
• 제3절 ISO 논의동향 = 34
• 제4절 GATT/WTO 논의동향 = 35
• 제5절 다자간환경협약 = 37
• 1. 무역규제조치를 포함하는 MEAs 현황 = 37
• 2. 주요 MEAs상 무역규제조치 내용 = 41
• 1) 몬트리올의정서 = 41
• 2) 바이오안정성의정서 = 44
• 3) 교토의정서 = 47
• 4) 바젤협약 = 50
• 第Ⅳ章 GATT/WTO 體制 및 MEA上의 環境關聯 貿易紛爭 事例 = 53
• 제1절 GATT 체제하에서의 분쟁사례 = 53
• 1. 미국과 캐나다 참치사건 = 53
• 2. 캐나다 연어와 청어사건 = 56
• 3. 태국 담배사건 = 57
• 4. 미국과 멕시코 참치사건 = 59
• 5. 미국과 EEC 참치사건 = 61
• 6. 미국 자동차세 사건 = 62
• 제2절 WTO 체제하에서의 분쟁사례 = 64
• 1. 미국 휘발유사건 = 64
• 2. 미국 새우사건 = 66
• 3. EC 석면사간 = 68
• 4. 미국 새우(21.5조)사건 = 70
• 제3절 MEA상의 분쟁사례 = 72
• 제4절 무역과 환경관련 분쟁사례의 시사점 = 73
• 第Ⅴ章 結論 = 76
• 參考文獻 = 80