Study On Technical Barriers To Food Safety

Mankind has been accompanied by food since born,food has been maintainingthe survival of mankind. Today,The significance of food to human society has beenfar beyond the scope of maintaining life, health safeguards and become an importanttopic of economic significance and social significance. From the perspective ofinternational trade, the importance of food trade is increasing in today’s internationaltrade,and profoundly influence the world economy.Under the impact of the trend oftrade liberalization,the traditional tariff barrier which has hindered the freedom ofinternational food trade has been restricted by World Trade Organization(WTO)andthe multilateral and bilateral treaties between countries.The effect of Countries aroundthe world which carry trade protection by tariff is not obvious. Whereas non-tariff hasgradually become an important measure to protect foreign trade for its strongflexibility,concealment and targeted. Among numerous non-tariff trade barriers, theparticularity of technical barriers to trade can make the advantages of non-tariffbarriers more abvious,so it is requently used around the world today.The synchronouswarming of food safety and technical barriers to trade-the two major problems in theinternational society has caused a big change-that is, food importing countries set upthe technical barriers in succession with food safety for content and technicalregulations,standards and conformity assessment procedures for form,I call this tradebarriers "food safety technical barriers to dtrade".Judging from the reality, the effectof food safety technical barriers to international food trade is huge,there are all sortsof problems in the regulation of international law. The purpose of this paper is toreveal the problem of the regulation to food safety technical barrier to trade ofinternational law,through the research on existing food safety technical barriers totrade in the international food trade,analysing the cause of problem，finding a solutionand giving suggestions for the perfection of international law.The discussion of this paper on the above topic mainly includes five parts,including:For the first part,my research is about terms defined relating to food safety technical barriers to trade. The study carrys from "food safety" and "technical barriersto trade" two direction. Through the analysis on the evolution and connotation of theword, the introduction of domestic legal situation and the analysis on the concept oftechnical barriers to trade,the composition and characteristics,to give completeinterpretation of the two big issues.Summing up the concept of food safety technicalbarriers to trade on the basis of analysis before,and briefly introducing its impact ontoday’s international food trade.The second part start from the concrete practice of developed countries andregions. In the United States, Japan, Europe Union as an example, introduces the useof food safety technical barriers to trade in detail.Through overall summary, tosummed up the commonness in the use of food safety technical trade by developedcountries and provide arguments for below discussion.The third part start from the regulation to food safety technical barriers to tradeof international law,researching on the regulation to food safety technical barriers totrade under the WTO framework,introducing the regulation mechanism of food safetytechnical barriers to trade which base on the GATT1994, Agreement on TechnicalBarriers to Trade and Agreement on the Application of Sanitary and phytosanitaryMeasures.After that,respectively introduce the implementation of the rules in eachpart in food trade, to find the problems existing in the implementation process.For the fourth part,the causes of the problems in the process of regulation to foodsafety technical barriers to trade by international law will be analyzed and the solutionwill be proposed.First of all,the performances of lack of rational knowledge on thefood safety technical trade of international law would be fully revealed.On the basisof that,I give a thinking about the transformation of concept of system and regulation,put forward assumptions with the facts and the theory basis.Finally,basis on theanylisis above,the conclusion is given from two aspects on international law anddomestic law.At the international level,the suggestion is given on upgrading theproducts of exporter and adding up the hearing procedure of risk assessment rules andsome else specific rules,and increasing the participation of developing conutries in theinternational standards and some else principle views. In domestic law level,facing the present situation of regulation to food safety technical barriers to trade byinternational law,put forward the suggestion on how to perfect our country’s foodsafety law body to step across the food safety technical barriers to trade which set upby developed country.