scholarly journals Un nuevo reto para el comercio exterior peruano: las medidas sanitarias y fitosanitarias

2015 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Marcelo Alonso Valverde Arévalo
Keyword(s):  
World Trade ◽  
Plant Health ◽  
Technical Barriers To Trade ◽  
Human Animal ◽  
Phytosanitary Measures

<p class="Texto"><strong>RESUMEN</strong></p><p class="Texto">El comercio mundial se ha multilateralizado logrando una reducción constante de las medidas arancelarias que lo restringían décadas atrás; sin embargo, los países han encontrado otras medidas que pueden ser utilizadas de manera proteccionista, tales como las medidas sanitarias y fitosanitarias, los obstáculos técnicos al comercio, entre otras. El presente artículo describe y ejemplifica medidas sanitarias y fitosanitarias que han afectado o afectan a las exportaciones peruanas; cómo éstas restringen el comercio y confunden a los exportadores en vez de proteger la salud humana, animal y vegetal.</p><p class="TextoCxSpFirst"> </p><p class="Texto"><strong><span lang="EN-US">ABSTRACT</span></strong></p><p class="Texto"><span lang="EN-US">World trade has multilateralised with a steady reduction of tariff measures that restricted it decades ago; however, countries have found other measures that can be used in a protectionist manner, such as sanitary and phytosanitary measures, technical barriers to trade, among others. This article describes and exemplifies SPS measures that have affected or affect Peruvian exports; how they restrict trade and confuse exporters rather to protect human, animal and plant health.</span></p>

Global Public Policy and the World Trade Organization after Shrimp/Turtle and Asbestos

2005 ◽  
Vol 42 ◽  
pp. 253-352
Author(s):  
Maureen Irish
Keyword(s):  
Public Policy ◽  
World Trade Organization ◽  
World Trade ◽  
Trade Policies ◽  
Technical Barriers To Trade ◽  
Appellate Body ◽  
The World ◽  
Phytosanitary Measures ◽  
Global Public Policy

SummaryRecent decisions of the Appellate Body of the WTO deal with the interpretation of GATT Article XX, which provides exemptions from trade obligations for important non-trade policies such as the protection of health and the environment. The article discusses those decisions, as well as the balance between trade and non-trade interests in the provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade.

scholarly journals A CRITICAL APPRAISAL OF THE PLANT HEALTH (PHYTOSANITARY) BILL’S COMPLIANCE WITH THE SALIENT ASPECTS OF THE WORLD TRADE ORGANIZATION (WTO) AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES

Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Clive Vinti
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Competent Authority ◽  
General Rule ◽  
Plant Health ◽  
Phytosanitary Measure ◽  
The World ◽  
Scientific Principles ◽  
Phytosanitary Measures ◽  
Definition Of

This paper juxtaposes the long-mooted Plant Health (Phytosanitary) Bill with its corollary, the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS). Firstly, this paper finds that the Bill creates an ambiguity by including in the definition of “phytosanitary measures”, those “measures, regulations or procedures that limit the economic impact of regulated non-quarantine pests”, without any guidance on the relevant factors to be considered in this regard. Secondly, it is found that the Bill explicitly establishes the requirement that the new phytosanitary regime is based on “scientific principles”. Thirdly, the paper argues that the Bill also establishes the general rule that makes “sufficient science” the basis of any phytosanitary measure in conformity with South Africa’s core obligations under the SPS. Fourthly, this paper finds that the Bill contravenes Article 5.7 of the SPS in that it provides for the implementation of the so-called “emergency and provisional measures” by the competent authority as an exception to the “sufficient science” rule, without any of the necessary safeguards created by Article 5.7. Lastly, the paper finds that the Bill has unduly shifted the primary burden of preventing the entry and establishment of a pest, from the competent authority to the “user of land”.

scholarly journals The WTO Seal Products Case: Doctrinal and Normative Confusion

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 323-327
Author(s):  
Joel Trachtman
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Uruguay Round ◽  
Technical Barriers To Trade ◽  
National Treatment ◽  
The World ◽  
Phytosanitary Measures ◽  
Basic Ideas ◽  
Domestic Regulation

The negotiators and drafters of the Agreement establishing the World Trade Organization(WTO), which includes the General Agreement on Tariffs and Trade 1947(GATT) and the Agreement on Technical Barriers to Trade(TBT), as well as other subagreements dealing with domestic regulation, such as the Agreement on Sanitary and Phytosanitary Measures(SPS), did not do a great job of doctrinal integration among the different documents that comprise the WTO Agreement. To be fair, at the end of the Uruguay Round, the hour was late and they may have felt that the basic ideas were sufficiently clear that it could all be sorted out in litigation. But in several contexts, including within the original GATT, the text of which dates from 1947, they covered the same ground in multiple places, without stating clearly how the different norms relate to one another,and without articulating plausible reasons for different treatment. For example, why is different language used for national treatment in three different places within Article III of GATT, and why is that language different from the language that appearsto have the same purpose in the TBT Agreement or in the SPS Agreement?

European Communities —Measures Affecting the Approval and Marketing of Biotech Products. WT/DS291/R, WT/DS292/R, & WT/DS293/R

2007 ◽  
Vol 101 (2) ◽  
pp. 453-459
Author(s):  
Daniel Bodansky ◽  
Simon Lester
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Genetically Modified Organisms ◽  
The United States ◽  
Regulatory Regime ◽  
Panel Report ◽  
Wto Dispute Settlement ◽  
Production And Consumption ◽  
Phytosanitary Measures ◽  
Biotech Products

European Communities—Measures Affecting the Approval and Marketing of Biotech Products. WT/DS291/R, WT/DS292/R, & WT/DS293/R. At <http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm>.World Trade Organization Panel, September 29, 2006 (adopted November 21, 2006).In what was by far the longest panel report in the World Trade Organization’s history, a WTO panel ruled last September that various parts of the European Communities’ regulatory regime for the approval and marketing of “biotech products” (that is, products that contain, or are made from or with, genetically modified organisms (GMOs)) violated the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). The panel report was not appealed and was adopted by the WTO Dispute Settlement Body on November 21, 2006.In recent years, a heated international debate has developed regarding the production and consumption of food made from or with GMOs. Among the key players in this debate, the United States, supported by many companies who have developed GMO-based products, has pushed for their acceptance; by contrast, the European Communities (EC) and its member states, backed by consumer groups and other activists, have tried to restrict their use through various regulations.

The Sanitary and Phytosanitary Agreement of the World Trade Organization: Debunking Its Reliance on Scientific Evidence and Reluctance to Endorse Potential Biotechnology Risks

2021 ◽  
pp. 1-17
Author(s):  
Muhammad ISLAM
Keyword(s):  
Risk Assessment ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
Scientific Evidence ◽  
Scientific Uncertainty ◽  
The World ◽  
Precautionary Measures ◽  
Phytosanitary Measures ◽  
Biotech Products

The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) relies on scientific evidence as a conclusive risk assessment criterion, which ignores the inherent limitations of science. This article highlights certain trade-restrictive effects of scientific evidence and comments on the Agreement’s aversions to precautionary measures and the consumer concern of the harmful effects of biotech products that may be necessary to protect public health and biosecurity in many WTO Member States. These measures and concerns have become pressing issues due to surging consumer awareness and vigilance concerning environmental protection and food safety. The Agreement is yet to overcome the weaknesses of its endorsed international standardising bodies, the problematic definition of scientific evidence and treatment of justification for scientific risk assessment methods and the implementation difficulties faced by most developing states. This article analyses these issues under the provisions of the Agreement and the interpretations of the WTO Dispute Settlement Body in disputes involving SPS matters, which fall short of addressing scientific uncertainty surrounding biotech products and their associated risks.

scholarly journals Food Safety Issues in International Trade

EDIS ◽  
1969 ◽  
Vol 2004 (8) ◽  
Author(s):  
Ronald H. Schmidt ◽  
Robert P. Bates ◽  
Douglas L. Archer ◽  
Keith R. Schneider
Keyword(s):  
Food Safety ◽  
World Trade ◽  
Animal Health ◽  
Cooperative Extension Service ◽  
Extension Service ◽  
Food Science ◽  
University Of Florida ◽  
Safety Issues ◽  
The World ◽  
Phytosanitary Measures

With the formation of the World Trade Organization (WTO) in 1995, specific principles and rules were conceived. These rules, or Sanitary & Phytosanitary Measures (e.g., SPS Agreement), relate to three primary issues or concerns: food safety, animal health, and plant health. While still controversial, the WTO/SPS Agreement does provide for more detailed control of food safety concerns and for more standardization and harmonization regarding rules and regulations. This document is FSHN034, one of a series of the Food Science and Human Nutrition Department, Florida Cooperative Extension Service, IFAS, University of Florida. Publication: March 2003.  https://edis.ifas.ufl.edu/fs100

The Role of Risk Assessment in Precautionary Intervention: A Comparison of Judicial Trends in the EC and WTO

2007 ◽  
Vol 4 (6) ◽  
pp. 455-467 ◽  
Author(s):  
Elen Stokes
Keyword(s):  
Risk Assessment ◽  
European Community ◽  
Precautionary Principle ◽  
World Trade ◽  
Case Law ◽  
World Trade Organisation ◽  
The Precautionary Principle ◽  
The World ◽  
Phytosanitary Measures

AbstractThis paper focuses on the meanings attached to the "precautionary principle" in judgments passed down by the World Trade Organisation (WTO) and the European Community (EC) courts. It speaks to claims that, in response to WTO litigation, the EC courts are beginning to construe the precautionary principle in a manner that more closely resembles obligations arising from the Agreement on Sanitary and Phytosanitary Measures (the SPS Agreement). It illustrates that although disparities between interpretations in EC and WTO case law of legitimate precautionary intervention are growing to be less obvious, inconsistencies continue to exist.

scholarly journals The Impact of Structure Similarity of Nontariff Measures on Agricultural Trade

2020 ◽  
Vol 12 (24) ◽  
pp. 10545
Author(s):  
Sung Ju Cho ◽  
Saera Oh ◽  
Sang Hyeon Lee
Keyword(s):  
Sustainable Development ◽  
Gravity Model ◽  
Bilateral Trade ◽  
Agricultural Trade ◽  
Technical Barriers To Trade ◽  
Structure Similarity ◽  
Regulatory Harmonization ◽  
Phytosanitary Measures ◽  
Negative Impacts ◽  
The Impact

This study quantifies the structure similarity of nontariff measures between countries and estimates its impact on bilateral agricultural trade using a structural gravity model. The findings show that a similar structure of technical barriers to trade (TBT) between countries is likely to expand their bilateral trade. However, a similar structure of sanitary and phytosanitary measures (SPS) is shown to have negative impacts on agricultural trade. We also discuss the effects of regulatory harmonization on sustainable development.

scholarly journals Mapping the Potential Interactions between UNESCO’s Intangible Cultural Heritage Regime and World Trade Law

2018 ◽  
Vol 25 (4) ◽  
pp. 419-448
Author(s):  
Tomer Broude
Keyword(s):  
International Trade ◽  
Cultural Heritage ◽  
World Trade ◽  
Analytical Framework ◽  
Intangible Cultural Heritage ◽  
Legal Analysis ◽  
Trade Law ◽  
International Trade Law ◽  
Phytosanitary Measures ◽  
Potential Interactions

Abstract:The 2003 Convention for the Safeguarding of Intangible Cultural Heritage (CSICH) was not intended to have legal repercussions in international trade. Nevertheless, intangible cultural heritage (ICH) may interact with trade regulation under various scenarios. The CSICH “Representative List” inscribes numerous ICH elements with real and potential international commercial aspects and consequent trade law implications. These emergent trade law–ICH regime dynamics require not only some critical reflection (for example, is safeguarding of ICH ultimately dependent on commodification or, at least in some cases, significantly prone to commercial capture?) but also doctrinal legal analysis. This article undertakes a survey of many plausible ICH–trade interactions (generally excluding intellectual property issues), providing an analytical framework with reference to a series of case sketches of selected CSICH inscriptions such as kimjang, beer culture in Belgium, and yoga. These and other cases may indeed raise issues under world trade law, including the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services, the Agreement on Technical Barriers to Trade, the Agreement on Sanitary and Phytosanitary Measures, and subsidies regulation. Trade law may have underestimated the significance of ICH as a growing field. At the same time, ICH law may be developing without thinking through how it is impacted by commercial interests and international trade law.

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