遺傳子變形體의 國際的 規制와 WTO 規範 = International Regulation of Genetically Modified Organisms and WTO Rules

다국어 초록 (Multilingual Abstract)

The rapid development of biotechnology might open the door to lead to a solution of various problems with which human society has been struggling to eliminate or alleviate, such as famine, decease and environmental pollution. Biotechnology has also been considered as a dangerous technology to bring some risks to human health and environment. To cope with the danger arising from the development of biotechnology and the use of results of the technology, international society has been trying to adopt international documents, such as OECD recommendations, UNEP guidelines and Cartagena Biosafety Protocol There could be a conflict between the regulation of biotechnology and its results, genetically modified organisms and the WTO rules, because the terms of both international biosafety regulations and WTO rules could apply to the international trade of genetically modified organisms that may pose risks to the human health and environment.
The article analyzes the contents and present situation of the international regulation of biosafety with special emphasis on the Cartagena Biosafety Protocol. The article is also to see if there is any possibility of conflict between international regulation of biosafety and WTO rules. Then, methods of harmonization of the two norms is seeked in the last part of the article.
The prevention of import of genetically modified organisms and products using genetically modified organisms and the application of "precautionary principle" could, at least technically, conflict with WTO rules. The harmonized interpretation of two rules could be tried and the biosafety criterion provided in the international biosafety related documents could be incorporated in the WTO rules. The Contracting Parties of the Biosafety Protocol could adopt a subsequent agreement to clarify the relationship with WTO rules.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 카르타헤나생명공학안전성의정서
• 1. 무역규제를 중심으로 한 의정서의 주요 내용
• Ⅲ. WTO 규범
• 1. 서설
• 2. GATT 1994
• 3. 위생 및 검역협정(SPS)
• 4. 기술장벽협정(TBT)
• Ⅳ. 양규범간의 충돌가능성
• 1. 서설
• 2. 동일문제에 대한 규율가능성
• 3. 유전자변형체와 비유전자변형체의 구분 및 차별
• 4. 보호수준의 문제
• 5. 수입금지여부결정절차와 근거
• 6. 일정한 동반서류의 요구
• Ⅴ. 충돌문제의 해결
• 1. 서설
• 2. 의정서의 타조약과의 관계규정
• 3. 세이빙조항의 분석
• 4. 조약법에 관한 비엔나협약
• 5. 특별법우선의 원칙 적용가능성
• 6. 해결방안
• Ⅵ. 결론

참고문헌 (Reference)

1 "생명공학안전성의정서와 다른 국제협정과의 관계" (33) : 59-76, 2000.6

2 "生命工學安全性議定書의 國際環境法的 意義" 11 (11): 81-101, 2000.12

3 "Vienna Convention on the Law of Treaties" Ian Sinclraire Manchester University Press 1984

4 "Treaties in Collision? The Biosafety Protocol and the World Trade Organization Agreements" 96 : 606-628, 2002

5 "The Supervision of Health and Biosafety Regulation by World Trade Rules" 13 : 271-302, 2000

6 "The Sanitary and Phytosanitary Agreement of the World Trade Organization: An Assessment after Five Years" 32 : 865-937, 2000

7 "The Role of Public International Law in the WTO: How Far Can We Do?"" 95 : 535-574, 2001

8 "The Relationship with other International Agreements: an EU Perspective" Earthscan 423-437, 2002

9 "The Relationship with other Agreements: Much Ado about a Savings Clause" Earthscan 438-454, 2002

10 "The Cartagena Protocol on Biosafety: New Rules for International Trade in Living Modified Organisms" 12 : 697-716, 2000

11 "The Biosafety Protocol and the World Trade Organization: Can the Two Coexist?" 12 : 108-151, 2000

12 "The Biosafety Protocol and the WTO" 26 : 263-323, 2003

13 "The Biosafety Protocol and the SPS Agreement: Conflict and Dispute Resolution" 12 : 373-421, 2003

14 "Risk Regulation: U.S. Regulatory Policy on Genetically Modified Food and Agriculture" 44 : 733-787, 2003

15 "On Biosafety and the Agreement on Sanitary and Phytosanitary Measures: What will Decisions Regarding GMOs have to be Based on?" 13 : 22-31, 2002

16 "Genetically Modified Organisms: A European Scientist's View" 8 : 556-565, 2000

17 "Genetic Engineering and International Law: Conflict or Harmony? An Analysis of the Biosafety Protocol, GATT, and the WTO Sanitary and Phytosanitary Agreement" 20 : 295-327, 2001

18 "Europe's Evolving Regulatory Strategy for GMOs-The Issue of Consistency with WTO Law: of Kine and Brine" 24 : 317-370, 2000

19 "Compatibility of GMO Import Regulations with WTO Rules" Transnational Publishers 575-623, 2001

20 "Biotechnology, Property Rights and the Environment" 50 : 215-248, 2002

21 "Applying World Trade Organization Rules to the Labeling of Genetically Modified Foods" 15 : 359-409, 2003

22 "Advance Informed Agreement: A Shared Basis for Governing Trade in Genetically Modified Organisms?" 9 : 265-281, 2001

23 "A Precautionary Tale: The International Trade Implications of Regulating Genetically Modified Foods in Australia and New Zealand" 10 : 411-442, 2001

24 "A Nexus of Trade and the Environment: The Relationship between the Cartagena Protocol on Biosafety and the SPS Agreement of the World Trade Organization" 14 : 1-52, 2003

25 "2003 바이오안전성백서" 2003