Research On Review Standard Of SPS Measures

In the process of globalization and liberalization of international trade, more and more developed countries utilize the Agreement on the Application of Sanitary and Phytosanitary Measures(SPS measures) to indirectly restrict free trade in farm products. In order to realize the value pursuit of free trade, world trade organization(WTO) established Agreement On The Application Of Sanitary And Phytosanitary Measures(SPS agreement). As an important agreement which every WTO member must obey, SPS agreement raises the examination standard of SPS measures. However, in practice the concrete content and use-pattern of examination standard remain ambiguous. This situation will directly affect the establishment of SPS measures and the function of SPS agreement to protect every country’s legal benefit. Thus, it has a realistic significance to research the examination standard of SPS measures.Starting from the generation background and content application mechanism of the examination standard of SPS agreement, this thesis researches the examination standard of SPS measures and analyzes the approaching problems of SPS agreement to our nation. Moreover, on the basement of the above analysis, this thesis put forward the enlightenment in researching of examination standard of SPS measures. The main progresses contain seven sections:1. The basement issues in researching the examination standard of SPS measures.(1) Generation background of examination standard of SPS measures(2) Main content of examination standard of SPS measures. Examination standard of SPS measures contain scientific evidence examination standard(SPS agreement article 2)、international coordination examination standard(SPS agreement article 3) 、equivalence principle examination standard(SPS agreement article 4) 、risk assessment and suitable protection examination standard(SPS agreement article 5).(3) Application mechanism of examination standard of SPS measures. The application mechanism should first satisfy the international coordination examination standard, then satisfy the risk assessment and suitable protection examination standard, last satisfy the equivalence principle examination standard. It should point out that the scientific evidence examination standard is the key point examination standard of all examination standard of SPS measures. The significance of all examination standards will be discussed afterwards.2. The research of scientific evidence examination standard(1) Defining the scientific evidence examination standard. 《SPS agreement》article 2 defines scientific evidence examination standard.(2) Analyzing concrete content of scientific evidence examination standard, defining the importance of scientific evidence examination standard as the key point examination standard, illuminating different opinion and divergence about 《SPS agreement》article 2.2 in actual cases and define the specific nature of “basis” 、“adequacy” in 《SPS agreement》article 2.2 according to past cases.3. The research of international coordination examination standard(1) Defining the international coordination examination standard. SPS agreement article 3 defines international coordination examination standard. The international coordination examination standard shows that the SPS agreement promotes member states to apply in international standards.(2) Analyzing SPS agreement article 3which shows the international coordination examination standard, defining the specific nature of SPS agreement article 3.1 and 《SPS agreement 》article 3.3 as an independent regulation. In-depth understanding of the international coordination examination standard is achieved on the basis of above analysis.4. The research of equivalence principle examination standard(1) Defining the equivalence principle examination standard. SPS agreement article 4 defines equivalence principle examination standard.(2) Analyzing the application status of equivalence principle examination standard. The equivalence principle is one mode of trade which the SPS agreement advocates and it has theoretical value. However, the equivalence principle examination standard of SPS agreement remains ambiguous and large trading nation are unwilling to give up inherent trade interests which leads to the difficulty in applying the equivalence principle examination standard, thus the equivalence principle examination standard proved a weak point. In order to improve this situation, the specification of equivalence principle is needed.5. The research of risk assessment and suitable protection examination standard(1) Defining the risk assessment and suitable protection examination standard. SPS agreement article 5 defines risk assessment and suitable protection examination standard.(2) Before member states make SPS measures, the risk assessment should be done. Specific risk assessment investigates standard content. The appropriate protection level review standards require least damage to free trade.(3) Analyzing the risk assessment and suitable protection examination standard on the basis of SPS agreement article 5.5, SPS agreement article 5.6 and SPS agreement article 5.7. Defining “arbitrariness and irrationality” in SPS agreement article 5.5 and appropriate protection level in SPS agreement article 5.6, proposing procedure in identification “arbitrariness and irrationality”. The exceptional application in SPS agreement article 5.7 and point out that not all SPS cases will eventually belong to SPS agreement article 5.7.6. The enlightenment to our nation in researching SPS measures(1) On the right of our nation, the response strategy we should take in the face of the unfairness SPS measures of other countries.(2) On the obligation of our nation, the proposal we put forward in legislation and enforcement to avoid litigation risk in the future.