SPS Issues in Globalization（PPT 29页）.ppt

9 October 2002 SPS Issues in Globalization 天马行空官方博客：/tmxk_docin ;QQ:1318241189 Governments have the right to restrict international trade when it is necessary to protect human, animal or plant health however … however, if this results in a trade dispute: they must be able to show that there is a risk to health, based on scientific evidence, or take a provisional, “precautionary” measure they must be “consistent” in the level of health protection sought (G/SPS/15) they must use the least trade-restrictive means to achieve the level of health protection; and they must be transparent about the measures taken Basic Provisions 1. Scientific justification - or provisional 2. Harmonization 3. Consistency 4. Equivalence 5. Disease-free areas 6. Transparency 7. Technical assistance/special treatment Scientific justification - issues How judge if “based on scientific principles?” What is “sufficient scientific evidence”? Whose science? Whose risk assessment? What is required in a risk assessment? Scientific justification - interpretations EC hormones dispute (WT/DS26 and 48) theoretical uncertainty (the uncertainty remaining because science can never provide absolute certainty that a given substance will not ever have adverse health effects) is not the kind of risk to be considered Scientific justification - interpretations Australia salmon dispute (WT/DS18) Scientific justification - interpretations Japan Variety Testing (WT/DS76) rational relationship required between measure and scientific evidence must be determined on a case-by-case basis Provisional measures - issues Precaution or protectionism? When is scientific evidence “sufficient”? What is a reasonable period of time for review? How does this compare with the Precautionary Principle? Precaution - interpretations Japan Variety Testing (WT/DS76) Measure taken when insufficient relevant scientific information Adopted on the basis of available information Member must actively seek to obtain the nec