The Study Of The Provisional Measures In Section 5.7 Of The Sps Agreement

The SPS agreement mainly aims to remind the readers that it endeavors to maintain the member government's authority in the protection of human and other being's health at appropriate levels, ensuring that this power will not be abused so to restrict the world free trade practice. Its purpose is obviously demonstrated by its preface which provides for the idea that the SPS measurements are restricted to the extent necessary for the protection of human and other beings health. Taking account of the exceptional situation, i.e. the situation for insufficient scientific evidence, WTO legislatures leave holes for provisional measurements under that condition.So the issue concerning article 5.7 is eminently important. The author strongly believes that research and study on this issue will further on the relevant research in WTO jurisprudence and the legislative outcomes in China.The dissertation can be divided into 4 parts connecting with the research and discussions on article 5.7. The first part is mainly about the introduction of provisional measures and the essence analysis of article 5.7, together with the relevant cases as regards the application of the article. The second part demonstrates the basic terms and conditions when invoking the article and explores the panel's ruling in the latest"EC-GMOs"case. The author then turns to the relationship between the article and other pertinent articles as well as precautionary principle. In the end of it, the author presents some constructive advices on the current situation in China.Through the above analysis, the author draws its conclusion: the SPS Agreement has a two-fold objective---one is to ensure the sovereign right of Members to provide the level of health protection they deem appropriate; and to ensure SPS measures do not represent unnecessary, arbitrary, or disguised restrictions on international trade. Even though there're provisional measures to be taken under article 5.7, the member should be responsible for their scientific justification.