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Application Of Sanitary And Phytosanitary Measures Agreement "study

Posted on:2004-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y L HuangFull Text:PDF
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Since China entered into the World Trade Organization, more scholars have been great interested in studying it. However, The Agreement on the Application of Sanitary and Phytosanitary Measures (The SPS Agreement) , an achievement of Uruguay Round ,which is closely related to food safety and quarantine measures, is almost neglected. Researching The SPS Agreement is meaningful very much, in respect of protecting consumers' health, promoting food imports and exports trade and maintaining nation's economic benefits. With several methods such as comparison, history and economics, the author researches The SPS Agreement and expects it is helpful to understand the agreement, to perfect our country's sanitary and phytosanitary system, to realize sanitary and phytosanitary measures' regularization and standardization and to conform to The SPS Agreement.The article is divided into eight parts.In the first two parts, the author discusses respectively the history, validity and legal position of The SPS Agreement. The SPS Agreement entered into force on January 1,1995, as part of the establishment of the World Trade Organization. Accepting the World Trade Organization Agreement, member nations also agreed to be bound by the rules of The SPS Agreement. The SPS Agreement, a component of Agreement on Agreeculture, is a result of international trade. It is distinguished with and associated to The Agreement on Technical Barriers to Trade.In the third part, the author argues The SPS Agreement has two aims. One is protecting human, animal or plant life or health .It is a result of penetration between trade and environment, at the same time, in accordance with international protection of human rights. The other is promoting free trade. The author analyzes SPS Measures that restrict free trade, then expounds from economics that free trade of The SPS Agreement isn't founded on market economy with fully free competence.In the forth part, using systemic method, the author analyzes principles of The SPS Agreement, including fundamental principles adopted in the World Trade Organization and special ones, called equivalence, harmonization, scientific evidence and precaution. Principles of The SPS Agreement should be clarified and specified so that the agreement could be operated smoothly.In the fifth part, the author discusses international standards. Harmonization principle requires that members base their sanitary and phytosanitary measures oninternational standards, guidelines or recommendations, which are made by relevant international organization. Members can pass higher protection level about sanitary and phytosanitary measures if they have adequate scientific justification. International standards will become increasingly politicized, which is no good for developing countries.In the sixth part, the author researches law issues in practice about The SPS Agreement. The author thinks that the initial burden of proof rests on the complaining party. Once such aprimafacie is made, the burden of proof shifts to the responding party. For Dispute Settlement Body and Dispute Settlement Mechanism are quasi judicial, panel and appellate body interpret effectively and function referentially. Such is reflected in cases relevant to The SPS Agreement.In the seventh part, the author suggests how to deal with The SPS Agreement. China should take measures as follows: first, inspecting all the principles and rules not conforming to The SPS Agreement and systems and provisions easy to cause trade disputes; second, perfecting legislation; third, raising transparency of legal rules and quarantine management; forth, contracting more international quarantine treaties and articles; fifth, taking active part in making and modifying international quarantine legal rules; sixth, strengthening standardization construction.In the eighth part, the author summarizes contents above and sets forth issues necessary to study more.
Keywords/Search Tags:sanitary and phytosanitary measures, harmonization principle, international standards, the allocation of the burden of proof, quarantine system.
PDF Full Text Request
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