Research On Sanitary And Phytosanitary Measures Under The CPTPP

CPTPP(Comprehensive Progressive Trans-Pacific Partnership)was successfully signed on March 8,2018,and the fate of the TPP agreement was finally settled.The chapter on sanitary and phytosanitary measures in CPTPP follows the text of the TPP Agreement.This article is based on the textual research on CPTPP,combined with the relevant literature at home and abroad.This topic examines the sanitary and phytosanitary measures under the CPTPP framework and helps to further deepen the exploration and exploration of CPTPP rules,clarify the main provisions of CPTPP sanitary and phytosanitary,and clarify the sanitary and phytosanitary measures under the CPTPP framework.Strengths and weaknesses.At the same time,the sanitary and phytosanitary provisions under the CPTPP framework are not born,but are based on the basis of the WTO SPS Agreement and the TPP Agreement.This paper will study the sanitary and phytosanitary provisions under the CPTPP framework.From the side,clarify the intrinsic relationship between CPTPP and WTO and TPP agreements.Finally,an empirical analysis of sanitary and phytosanitary measures will provide a reference and inspiration for the study of sanitary and phytosanitary provisions under the CPTPP framework in the future.The “Sanitary and Phytosanitary Measures” clause under the CCTPP framework has a special linkage effect with trade – both inhibiting and promoting each other,which allows SPS measures to evolve from the initial measures to protect human or animal life or health.Become a technical trade barrier that governments generally prefer to adopt.This paper examines CPTPP's “Science and Risk Analysis” clauses,“Transparency” clauses and “Adapt to Regional Conditions” clauses,as well as international trends in SPS provisions.Today,China's agricultural trade experienced SPS measures,the author provided several countermeasures.Finally,an empirical analysis of sanitary and phytosanitary laws will provide some insight into the practice of sanitary and phytosanitary measures in our trade activities.This paper will study the sanitary and phytosanitary measures under the CPTPP framework from the following five sections.The main contents are as follows:The first part: Firstly,the theoretical basis of the SPS clause under the CPTPP frameworkis analyzed.In this part,this paper mainly explains the reasons for the introduction of the SPS clause by CPTPP,such as perfecting the framework of TPP,and the negative impact of SPS as a means of trade barriers in certain countries on other trade-related countries,and some SPS under the WTO framework.The long-standing failure to form a special procedural rule has led to difficulties in application.Finally,the characteristics of the FTA negotiations –relatively concentrated content and relatively flexible form – have made it easier for the FTA negotiations to reach compromises and consensus,thus enabling SPS negotiations.Achieved on a relatively equal and predictable basis.In addition,this paper also discusses the rules theory and the theory of sustainable development of free trade zone theory in detail.The second part: This paper studies the "adaptive regional conditions" of SPS Article 7.7under the CPTPP framework.Firstly,it analyzes the obligation of SPS measures to adapt to regional conditions,and uses Russia's ban on pork import in the EU to adapt to regional conditions."The problem is explained.The third part: This paper studies the "scientific and risk analysis" of SPS Article 7.9under the CPTPP framework.First,the concept of “risk” is clarified,and the traits of risk –possibility and certainty – are defined.Secondly,the concept of risk management and analysis and the factors to be considered in risk assessment are clarified.Subsequently,through the detailed comments and comments on the Japanese apple case,the requirements of the“Science and Risk Analysis” clause were explained.Part IV: This paper studies the “transparency” of SPS Article 7.13 under the CPTPP framework.Firstly,it analyzes the transparency requirements of CPTPP for members,and then clarifies the three conditions that need to be met in the “laws requiring notification”.Finally,this paper analyzes the EU's practice of transparent regulations on sanitary and phytosanitary measures and considers that the EU's measures for notifying health and phytosanitary regulations are very instructive.The fifth part: Based on the previous article,this paper explores the development trend of SPS clauses,analyzes the SPS clauses of the US free trade agreement,the SPS clauses in regional trade agreements,and analyzes the development status of SPS laws in China.Suggestions were made accordingly.