Research On Sanitary And Phytosanitary Measures In Free Trade Agreements

With the development of global economic integration and multilateral trade negotiation,various countries have turned to regional trade negotiations. The free trade agreements signed between various countries is increasing rapidly,it provides institutional guarantee for economic and trade relations between the parties. The purpose of the FTA is cutting tariffs and non-tariff barriers, then achieve trade liberalization. Up to now,the scope covered by the FTA is widespread,including trade in goods,trade in services,intellectual property rights,rules of origin,investment and trade remedy,dispute settlement and so on. And sanitary and phytosanitary measures provisions(hereinafter referred to as "SPS provisions") is an important part of the FTA. While sanitary and phytosanitary measures(SPS measures) as the significant technical barriers to trade,it has bad effect on trade liberalization,and the regulation of multilateral trading system is limited,resulting in more and more countries seeking regional cooperation,the FTA become a new regulatory method for SPS measures. From the FTAs of UN and USA,the we can see that SPS provisions is beyond the WTO/SPS, the influence of it cannot be ignored.China belongs to newcomers in the regional trade cooperation,the skill of FTA negociations is not very well,and they have certain distance from the UN’s and USA’s. In addition,China’s export products are often frustrated by a multitude of SPS measures, and as a result of not good at using SPS terms,ignored the imported products for their own human, animal or plant life or health,and other related industries. So it is necessary for dialectical study of SPS provisions in the FTA,aiming at finding the problems of my country’s FTA SPS provisions.,and it is very important.For achieving the research purpose, the paper is divided into six parts. The first part of the current research mainly explains the research backgrounds, purposes and importance, research reviews from scholars, the design and logic, innovations and so on. The second part is the basic theory research,the FTA and the related concept of SPS measures,development status and characteristics, legal theory and economic theory is analyzed. The third part is the major foreign the FTA of SPS provisions of analysis and summary,the interpretation of the current in the us and Europe and other countries and regions in the main content of SPS clause in the FTA,summarizes the characteristics and development trends. The fourth part is the application of SPS in the FTA of relations and the impact analysis,This paper expounds the existing terms of the relationship between the FTA and other agreement applicable problem,at the same time analyzed the FTA SPS in terms of international trade, international SPS system and the influence of developing countries. The fifth is divided into our country the FTA SPS clause in question and the countermeasure,based on the analysis of our country in the FTA contents and existing problems on the basis of SPS terms,negotiate terms SPS free-trade agreement in China are put forward the corresponding countermeasures. The sixth part deals with the conclusions and research prospect.