Study On The Legal Issues Relating To The Food Safety Under The Sight Of TPP

Food safety standard became one of the international focal social problems recent years along with the public's increasing food safety requirements, new resources foods production and large-scale outbreak of food-borne disease such as mad cow disease, bird flu, etc. Some relative institutions are studying and formulating various technology and safety standards which are more suitable for human health. To prevent harm from unsafe food, countries have developed different levels of food safety and trade protection measures based on their economic situation, level of food science, technological development, consumer attitudes etc. Countries are, however, very different and as such these measures do not form a unified system. The meshing of these incompatible food safety measures can lead to difficulties in effective trade between countries. These differences increase the cost of imported food on all sides, so that their competitiveness is reduced.An even more serious problem is that some developed countries use food safety measures as an excuse to establish trade barriers to protect their own food and related industries. Such instances will result in irreparable trade loss for exporting countries and their related companies.The key solution of the above problems is to realize the coordination and its joint development among the World Health Organization, the compulsory laws by international food safety relative institution and soft laws of optional. Research in this dissertation is composed by the following six chapters:Chapter 1. On the conceptual basis of the relevant details of food safety, with the background of TPP, analyzes the relationship between domestic and international food safety. A summary of the impact of trade barriers on international trade helps us lay the foundation for further research.Chapter 2 summarizes mainly international food safety regulations. From the TBT Agreement to the SPS Agreement it begins the analysis of international food regulations along with the impact on food specifications by some international hot issues presented in the TPP and TFA. It makes further introduction of international food trade system from developed countries. After the above description, it compares the bilateral and regional regulations involved in food safety of international trade and presents the fragmented views of food safety regulations in international trade. That provides further evidence of the view of food safety regulations'fragmentation in international trade.Chapter 3 is more comprehensive and summarizes the existing international trade in food safety problem-solving mechanisms. This includes analysis on applicability of GATT General Exceptions and the summary on WTO dispute resolution mechanism. Then it makes a comparative analysis between them and TPP. we propose new view by analyzing the three cases about the influence of food safety standards barriers on international trade dispute resolution.Chapter 4 By comparing the national laws and interpretation of "international food safety code" and TPP, it introduces the cohesion and conflict problems of food standards in the field of international trade.Chapter 5 responds the solution of trade barriers and the situation of food safety regulations'fragmentation basing on challenge of TPP from the perspective of international law. We try to propose solutions for the previous two problems and then present solution recommendations for international food safety standard regulations.Chapter 6 points out the direction of innovation for international food trade dispute settlement mechanism. It also tables a proposal to improve our domestic law from an international perspective. Based on our current legislation on food safety standards, the dissertation analyzes its problems and puts forward the proposals on "The Law of Commodity Circulation" and "The Enforcement Regulations of the Food Safety Law(Exposure Draft)". We also try to give specific countermeasures to enhance our international discourse in the field of food safety.