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A Critical Analysis of the SPS Dispute over the Import Ban on Japanese Radioactive Seafood

방사능 관련 일본산 수산물 수입 분쟁에 관한 SPS 협정 분석

  • 윤정현 (한국농촌경제연구원) ;
  • 임송수 (고려대학교 식품자원경제학과)
  • Received : 2019.08.09
  • Accepted : 2019.08.22
  • Published : 2019.08.31

Abstract

This study investigates the WTO dispute over Japanese fishery products originated from Fukushima and another seven prefectures. Being subject to an import ban and additional radioactive test requirements, Japan complained that the Korean government's trade measures are inconsistent with the principles of the Agreement on Sanitary and Phytosanitary Measures. This paper considered the contrasting judicial decisions made by the Panel and Appellate Body and analyzed the debates with respect to their trade-discriminatory effects (Article 2.4), the relevance of appropriate level of protection (Article 5.6) and the precautionary approaches (Article 5.7). Consistent with the final rulings, this paper identifies the need for a broaden understanding of regional conditions and qualitative aspects of protection in risk analysis. Findings also suggest that Korea has diverted its fishery imports from Japan to other countries, while Japan has created export diversion from Korea to other destinations.

Keywords

Acknowledgement

This research is supported by Korea University's Research Grant.

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