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Sps Agreement, Risk Assessment Rules Research

Posted on:2007-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:K K LiuFull Text:PDF
GTID:2206360185972428Subject:International Economic Law
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The risk assessment rule is the center rule of "SPS Agreement". The rule has positive significance to public health security and the realization of trade liberalization. How to consummate and suit the risk assessment rule is valuable and necessary. This article analyses the risk assessment rule from theory and practice. It gives the comment regarding flaw and consummation. Then it makes the elaboration above our country's correlation legislation. This article is divided four parts.The first part is "the outline on the risk assessment rule in SPS ". It makes explanation from production background and the correlation noun's connotation. The production background includes formulation process and value research. The main connotation of the risk assessment rule is "risk" and "risk assessment". The correlation international organization and "SPS Agreement" make stipulation distinguishly and the appeal organization has also made the limitation and the explanation by case.The second part is "the risk assessment rule in SPS and its practice". It makes the research from rule and practice. In rule's reality suitable, the three classical cases of SPS manifest integrity. In the cases, countries, expert group and the appeal organization have some different explanation and dispute. These disputes expose insufficiency and flaw of the risk assessment rule. Above the deliberation and practice of rule, this part summarize that rule's flaws mainly exist in duty, consideration factor and temporary measure.The third part is "the flaw and the consummation of risk assessment rule in SPS ".It makes concrete analysis to the rule's flaw and gives consummation comment. The author thoughts that the risk assessment duty is entity duty not procedure duty; the risk assessment consideration factor includes not only the factor of article's stipulation but also some science and economical factor, the risk assessment temporary measure adoptions' four prerequisites should all be considerated.The fourth part is "the risk assessment rule in SPS and Chinese correlation...
Keywords/Search Tags:risk assessment, rule, suit
PDF Full Text Request
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