Study On The Case Between Brazil And Indonesia On Measures Concerning The Importation Of Chicken Meat And Chicken Products

In recent years,with the weakening of tariff barriers,non-tariff trade barriers have become popular and become a common "protective umbrella" in various countries.However,it is not easy to pierce the veil of non-tariff trade barriers such as sanitary and phytosanitary measures because of their concealing characteristics.This case is a microcosm of the application of non-tariff trade barriers.The case between Brazil and Indonesia on measures concerning the importation of chicken meat and chicken products(WT/DS484)is a ruling under the WTO Dispute Settlement Mechanism.This case is another WTO dispute about Indonesia following the agricultural products being sued by the United States and the poultry being sued by New Zealand.Since the global economic crisis and the food crisis swept the world,Indonesia has adopted a series of import restrictions to protect domestic industries,including quantitative restrictions and strict inspection and quarantine procedures,and so on.In this case,Brazil appealed to WTO on the cumbersome import system implemented by Indonesia,and the panel made a ruling report on October 17,2017.Based on the case between Brazil and Indonesia on measures concerning the importation of chicken meat and chicken products,this paper analyzes the main issues.At the same time,this paper makes an in-depth analysis of other precedents involving quantitative restrictions and the SPS Agreement.Based on the current situation in China and the lessons of this case,it summarizes the relevant enlightenment for China to deal with such disputes.In addition to the introduction and conclusion,this article consists of four parts.The first part deals with the basic content of the case,mainly from the background and the parties of the case to the development of the case.By exploring the cause and the development process of the case,and summarizing the content of the case,it aims to summarize the contradiction between the two parties and to prepare for further case analysis.The second part mainly focuses on one of the contentious issues of this case,namely:“Whether Indonesia's approval of the veterinary health certificate constitutes the ‘undue delay' stipulated in Article 8 and Annex C of the SPS Agreement”.Considering that the issue of this dispute is mainly on the jurisdiction of the panel and the "undue delay",this article first summarizes the application of Article 8 and Annex C,the meaning of the procedure,and the criteria of "undue delay" based on the Australian Apple case and the Korean radionuclidescase.Secondly,on the basis of specific facts,this part summarizes the panel' opinion.Finally,the author expounds her own point of view on issues of this dispute.The third part deals with the other issue of the dispute in this case,namely: “whether Indonesia' fixed license clause constitutes the quantitative limit stipulated in Article 11 of GATT".The focus is on two aspects: first,whether the fixed license clause violates Article11(1)of the GATT;and second,whether the fixed license clause can be defended based on Article 20(d)of the GATT.First of all,based on the precedents of the Chinese raw materials case and the Indian quantitative restriction case,this part summarizes the above contents,the views of the parties to the case,and the panel's legal analysis of issues.Finally,the author expresses her point of view on issues of this dispute.The content of the fourth part is the enlightenment of the case between Brazil and Indonesia on measures concerning the importation of chicken meat and chicken products.Based on the current situation in China,this paper provides guidance for China on how to deal with non-tariff trade barriers such as quantitative restrictions and inspection and quarantine procedures restrictions.On one hand,China can further improve relevant laws and regulations,strengthen the coordination of the work of inspection and quarantine departments and increase the notification volume and transparency of sanitary and phytosanitary.On the other hand,while China's import and export laws and regulations are gradually in line with WTO standards,we should also reduce the use of quotas,import licenses and export licenses.