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영어

This paper explores major dispute cases on issues of human life and health handled by WTO panels and the Appellate Body. This paper reviews the Brazilian Tyres Case in which the Appellate Body endorsed a qualitative approach in deciding whether a measure in question is "necessary" in GATT Article XX (b). This interpretation of rule is probably one of the most important ones in the history of WTO jurisprudence as balancing between trade and environment. Then this paper reviews the EC/Hormones Case and the EC/GMO Case under the SPS Agreement. And in this case, the Appellate Body concluded on burden of proof issues. The Preamble of the SPS Agreement states that the purpose of the SPS Agreement is: "...to elaborate rules for the application of the provisions of GATT 1994 which relate to the use of sanitary or phytosanitary measures, in particular the provisions of Article XX(b)". This Preamble suggests that the SPS Agreement is an elaboration of Article XX (b) of the GATT and should be read together with it. According to this Preamble, the Appellate Body turned to greening in trade jurisprudence and could stepped toward harmonization between trade and environment.