• Food Science and Industry
• /
• v.51 no.3
• /
• pp.196-208
• /
• 2018

This paper described the contents of the WTO (world trade organization) SPS (world trade organization) Agreement and trends in the WTO SPS provisions such as equivalence, localization, transparency, and risk assessment. The purpose of the WTO SPS agreement is to promote international trade by preventing arbitrary and unreasonable use of SPS measures, which are the rights of a country for the protection of human health and animal and plant health, and by abolishing the non-tariff barriers. To this end, the requirements for implementing the SPS measures taken by the importing country are restricted to those that can scientifically prove to be inevitable for SPS protection. The major provisions in WTO SPS agreement were elaborated to promote international trades. When trade-restricted SPS measures such as prohibition of imports are made, a scientific basis should be provided. Therefore, it is essential to provide scientific evidence based on risk analysis to protect people's health from potentially harmful imported foods.

• International Commerce and Information Review
• /
• v.10 no.4
• /
• pp.439-455
• /
• 2008

The SPS Agreement, concluded in the Uruguay Round for the purpose of controlling SPS risks, has traditionally been recognized to maintain the narrowest scope of application compared with TBT Agreement and GATT in relation with environmental provisions. Contrary to such an understanding on the scope of the SPS Agreement, the panel in the EC-Biotech case found that the SPS Agreement extends to regulate trade-restrictive measures on Genetically Modified Organizations(GMOs) causing health and environmental risks. This expanding scope of the SPS Agreement would have substantial influence on domestic environmental regulations as well as Multilateral Environmental Agreements(MEAs). This paper discusses the consequences of an expanding ambit for the WTO SPS Agreement through the designation of a wider range of health and environmental regulations affecting trade as SPS measures. As a result, not only precautionary measures on GMO risks, but also other health and environmental measures with trade impacts, could be subject to SPS control, and consequently, the institutional rigors of the WTO regime. However, strict and literal interpretation of the SPS provisions to expand its applicable scope would cause concerns about the WTO's intervention on the purely environmental measures. Pursuing harmonized and flexible interpretation of provisions on environment-related conflicts as well as accepting precautionary principle included MEAs will contribute to reduce such kind of concerns.

• International Commerce and Information Review
• /
• v.13 no.3
• /
• pp.403-431
• /
• 2011

The environmental issues including domestic measures to protect public life or health are generally easy to bring the tension between the WTO and its member countries. The standard of review, whether de novo review, total deference, or somewhere in between, is largely important in the WTO's adjudicating mechanism because it is closely related to the appropriate balance of power between sovereign nations and the WTO: The multilateral trading regime, through the proper standard of review, could harmoniously operated without interest conflicts among the member countries and at the same time between the WTO and the member countries. Irrespective the important function of the standard of review in the WTO judicial system, applicable standard of review has not been established in the current SPS Agreement. Furthermore, the nature of the SPS Agreement related in scientific factors, such as scientific experiment, data and assessment prevents the WTO's panel from applying consistent standard of review. Considering the judicial demand for the moderate treatment of the case under the SPS Agreement, this paper explores appropriate standard of review applicable the SPS-related environmental measures, particularly, by analysing the recent SPS-related dispute, US-Hormones Suspension.

• Korea Trade Review
• /
• v.44 no.6
• /
• pp.119-134
• /
• 2019

This study focuses on a recent WTO SPS dispute related to Korea Import Bans and Testing and Certification Requirements for Radionuclides (DS495) in order to learn from the case and take proactive measures to prevent potential import restrictions by Japan on Korean seafood. Korean-Radionuclides (Japan) emphasizes the importance of sufficient scientific evidence, especially scientific information from relevant international organizations, in an effort to take preventive measures towards Japan's restrictions on Korean seafood imports. Japan claims that a novel parasite, Kudoa septempuctata, in Korean flatfish causes food poisoning. As food poisoning is a serious concern, there is a low possibility that Japan's enhanced monitoring measures would be more trade restrictive than required as prescribed in Article 5.6 of the WTO SPS Agreement. In addition, Korea is the biggest exporter of olive flounder to Japan. Hence, the possibility that similar conditions could be established is low in relation to non-discriminatory principles under the WTO SPS Agreement. Accordingly, we should collect relevant scientific evidence, improve domestic sanitary management of fishery products, and seek export diversification so that we prepare for potential import restrictions by Japan and minimize implications.

• The Korean Journal of Food And Nutrition
• /
• v.22 no.2
• /
• pp.252-260
• /
• 2009

According to Article 7 and Annex B of the World Trade Organization(WTO) Agreement on the Application of Sanitary and Phytosanitary(SPS) Measures, WTO members are required to notify their newly established or amended SPS measures that might affect international trade. This study analyzed SPS notifications from 1995 to 2008 to identify international trends for food safety measures. The notifications were collected from the SPS information management system and the official document distribution system of WTO. The 153 WTO members represented 37 developed countries, 84 developing countries and 32 least developed countries. The number of overall notifications was 9,820. The annual notifications increased from 198 in 1995 to 1,264 in 2008. The monthly average notifications were from 44.8 in December to 69.5 in June; however, there were no statistical differences among them. The six leading Members in terms of notification submissions were United States(U.S.), Brazil, New Zealand, Canada, European Community and Korea. Among the regular and emergency notifications, 62.7% notifications were concerned with food safety, followed by animal and plant protections. Among animal protection notifications, 54.8% were emergency situations. Of the 4,821 food safety notifications, 60.4% were from developed countries, and 39.3% were from developing countries. Measures concerning pesticide residues and risk assessments were mainly from developed countries. In contrast, 77.5% of the measures concerning zoonoses were from developing countries. However considering the numbers of developing and developed countries, the average number of measures for each country was similar. Food safety measures were mainly involved pesticide residues followed by food additives, zoonoses, new regulations, labeling. As the overall notifications, zoonosis measures were mainly emergency notifications. Measures concerning pesticide residues, food additives, zoonoses, new regulations, veterinary drugs, and labeling were submitted most often by the U.S., Korea, Albania, U.S., Australia, and U.S., respectively. Identifying the exact trends of food safety measures was complicated by a number of factors. However, WTO notifications might be useful tool in providing a general view of international trends.

• The Korean Journal of Community Living Science
• /
• v.18 no.4
• /
• pp.699-706
• /
• 2007

The importance of the standards and its related texts established by Codex Alimentarius Commission (CAC) had been increased by the Agreement of Application of Sanitary and Phytosanitary Measures (SPS Agreement) in World Trade Organization (WTO). To meet the needs of WTO SPS Agreement, biennial CAC meeting had been changed to every year. This study was conducted to analyze the effects on interval between CAC meetings. The years of adoption, revision and amendment of CAC texts were collected from the official standard list and individual texts from CAC homepage. The period since establishment of CAC was divided into four groups by starting negotiation of Uruguay Round, WTO foundation and reducing the interval between CAC meetings. The collected data were analyzed by SPSS program. The numbers of CAC standards, guidelines, recommendations, maximum residue levels, and miscellaneous texts were 202, 56, 46, 3 and 5, respectively. Since 8 documents didn't contain the adoption year, these texts were eliminated to analyze adoption year. For adoption, annually 11.26 texts were established since establishment of CAC and there were no significant difference among the 4 groups. However the average numbers of revisions and amendments of adopted texts for overall periods and for each period were 7.56, 0.93, 6.50, 17.20 and 19.75, respectively. The average numbers of overall decisions, defined as summation of adoption, revision and amendment of texts, for overall periods and for each period were 12.37, 6.27, 9.00, 17.40 and 29.25, respectively. There were significant differences by the WTO foundation and the interval between CAC meetings. The reduced interval of CAC meetings influenced to increase number of revisions and amendments of adopted texts, but not yet adoption of new text.

• Korea Trade Review
• /
• v.44 no.4
• /
• pp.19-34
• /
• 2019

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.

• East Asian Economic Review
• /
• v.25 no.1
• /
• pp.33-71
• /
• 2021

Many different approaches and databases have been developed for the evaluation of non-tariff measures (NTMs) and free trade agreements (FTAs). This paper is devoted to the EU-South Korea agreement, which is the first 'second-generation' FTA of the EU, addressing a wide array of non-tariff policies. We review the evolution of NTM types applicable to the EU-South Korea trade relationship and the role of NTMs in ex-ante and ex-post analyses of the agreement. Subsequently a structural gravity model is employed to assess the value added of information on different aspects of FTAs and types of NTMs by evaluating their ability to predict the trade effects of the EU-South Korea FTA. Our results show that, when accounting for information on the components common in modern deep trade agreements, no additional trade effect is attributable to the EU-South Korea FTA. The evolution of NTMs differs considerably across indicators used, but trade predictions are hardly affected. Most specifications point towards a negative effect of bilateral differences in the number of technical barriers to trade (TBT) applied and sanitary and phytosanitary measures (SPS) against which trading partners issued complaints at the WTO.

• Journal of fish pathology
• /
• v.23 no.1
• /
• pp.99-106
• /
• 2010

Aquatic animal diseases control act which is to assure the prevention of outbreak and spread of aquatic animal diseases in Korea has come into effect since 22 December 2008. In order to prevent outbreak and spread of aquatic animal diseases, risk analysis is newly introduced. The introduction of risk analysis for movement of aquatic animals related to implementation of recommendation of the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures and should be conducted in accordance with guidelines of OIE Aquatic Animal Health Code. This report involves gathering and analysing the information of international regulation and situations of risk analysis framework in Korea for movement of aquatic animals.