earticle

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.