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On Dispute Settlement Development On The Application Of Sanitary And Phytosanitary Measures Agreement, The Principle Of Scientific Evidence

Posted on:2007-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:X H FanFull Text:PDF
GTID:2206360212956222Subject:Law
Abstract/Summary:PDF Full Text Request
Based on the studies of the Panel reports and the Appellate Body report of four SPS-related disputes heard by the Appellate Body, namely the EC-Hormones, Australia-Salmon, Japan-Varietals and Japan-Apples, analyses are made on the development lines of the disagreements and misunderstanding between the disputing parties on the SPS Agreement and specially on its scientific principle related clause as well as the conclusions and reasoning made by the Panels and Appellate Body. The precedential meaning of the judicial decisions and requirements put forward by the Appellate Body may serve as good reference for China to guide the upcoming participation in dispute settlement activities. Suggestions to the Inspection and Quarantine of China are also proposed. The dissertation also tries to find possible ways of reaction to the potential impact of the adjudication of Japan-Apples on Chinese inspection and quarantine measures for US apple.
Keywords/Search Tags:Dispute settlement, SPS Agreement, scientific principle
PDF Full Text Request
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