Legal Prevention Of SPS Mutation

With the development of international trade, recessive trade barriers have been prevailing. SPS measures which aim to prevent public from diseases tend to become recessive trade barriers. The SPS Agreement established in Uruguay Round stipulates regulations on SPS measures. But, there are many different standpoints about the objective and its context of the SPS Agreement. It seriously affects the implementation of the SPS Agreement, and shows the importance of studying the SPS Agreement.This dissertation consists of the preface, 4 chapters and the conclusion. It includes about 43,000 words.In the preface, the author discusses the significance of the dissertation and the research level in this field.Chapter 1 establishes that the objective of the SPS Agreement is prevent SPS measures from mutating, which is based on analyzing the relationships between WTO laws and the SPS Agreement, the reason of the Agreement coming into being, and the context of the AgreementChapter 2 analyzes the mechanism of preventing SPS measures from mutating established by the SPS Agreement. The mechanism consists of the principle of scientific evidence, the principle of harmonization, the principle of equivalence, and the principle of assessment of risk and determination of the appropriate level, which are major context of the SPS Agreement.Chapter 3 reviews the enforcement effect of the SPS agreement, and points out its defects, which is based on the analysis from the aspects of SPS disputes, SPS committee activities and member's performances.Chapter 4 analyzes from the aspects of obligation and right that what China can do as to the SPS Agreement. As a member of the SPS...