Academic literature on the topic 'Framework for wto sps compliance'
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Journal articles on the topic "Framework for wto sps compliance"
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Alam, Shawkat, and George F. Tomossy. "Overcoming the SPS concerns of the Bangladesh fisheries and aquaculture sector." Journal of International Trade Law and Policy 16, no. 2 (June 19, 2017): 70–91. http://dx.doi.org/10.1108/jitlp-01-2017-0002.
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Purpose The purpose of this paper is to address the challenges developing countries face in attempting to balance sanitary and phytosanitary measures (SPS) health and safety measures against concerns about protectionism, illustrated by the impact of trade barriers on the fisheries and aquaculture sector in Bangladesh. The paper then provides recommendations to overcome the effects of these trade barriers. Design/methodology/approach The author uses a close doctrinal approach for the first three parts of the paper by analysing the provisions of the World Trade Organisation (WTO) SPS Agreement and the effect of those provisions in creating domestic compliance gaps in the Bangladeshi fisheries and aquaculture sector. A qualitative approach is then adopted in suggesting potential reforms and future directions to assist the Bangladeshi fisheries and aquaculture sector overcome SPS trade barrier issues. Findings To overcome the market access issues created by SPS trade barriers, Bangladesh and other developing countries require multilateral assistance, accommodation by trading partners and internal reforms. This includes reforming internal governance structures, improving trade participation and negotiation, increasing infrastructure investment and learning from similar countries who have improved their supply chain management. Research limitations/implications This paper will have significant implications by contributing to law and policy reform debates involving international trade law and domestic compliance gaps. It will also assist other developing countries that experience SPS trade barriers to learn from the experience of the Bangladeshi fisheries and aquaculture sector. Practical implications This paper has practical implications by providing recommendations for how Bangladesh can overcome SPS trade barriers and improve its market access. This will help Bangladesh integrate into the global trading system by enhancing its participation in the SPS framework. Social implications By addressing and providing recommendations for the SPS trade barrier challenges faced by Bangladesh fishery and aquaculture sector, this paper provides a framework to improve the economic development and global competitiveness of the industry. This will contribute the gross domestic product growth and help increase the overall living standards of the people involved in the fisheries and aquaculture business in Bangladesh. Originality/value This paper is an original work that has not been published elsewhere. It is the first time a paper has dealt with the legal, policy and compliance challenges faced by the fisheries and aquaculture sector in Bangladesh.
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이양기. "Chinese SPS Rules and China's WTO Compliance." KOREA INTERNATIONAL COMMERCIAL REVIEW 24, no. 1 (March 2009): 221–42. http://dx.doi.org/10.18104/kaic.24.1.200903.221.
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Mustafa, Khalid. "Barriers against Agricultural Exports from Pakistan: The Role of WTO Sanitary and Phytosanitary Agreement." Pakistan Development Review 42, no. 4II (December 1, 2003): 487–510. http://dx.doi.org/10.30541/v42i4iipp.487-510.
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There has been growing recognition that Sanitary and Phytosanitary (SPS) agreement can impede trade in agricultural and food products. Pakistan, in particular experiences problems in meeting the SPS requirements of developed countries and, it is claimed, this can seriously impede its ability to export agricultural and food products. Attempts have been made to reduce the trade distortive effects of SPS measures through, for example, the World Trade Organisation (WTO) SPS Agreement, although it is claimed that current initiatives fail to address many of the key problems experienced by Pakistan and other developing countries. The present paper explores implications of Sanitary and Phytosanitary (SPS) agreement on exports of agricultural and food products from Pakistan. It identifies the problems that Pakistan faces in meeting SPS requirements and how these relate to the nature of SPS measures and the compliance resources available to Government of Pakistan and the supply chain. The paper examines the impact of SPS agreement on the extent to which SPS measures impede exports from Pakistan. It identifies the problems that limit participation of Pakistan in the SPS agreement and its concerns about the way in which it currently operates.
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Black, Robert, and Irina Kireeva. "Sanitary and Phytosanitary Legislation in the Russian Federation: A General Overview in Light of the WTO SPS Agreement and EU Principles of Food Safety." Review of Central and East European Law 35, no. 3 (2010): 225–55. http://dx.doi.org/10.1163/157303510x12650378240313.
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AbstractThis article introduces the World Trade Organization (WTO) rules on sanitary and phytosanitary (SPS) measures and the European Union's policies and legislation that exemplify these rules. This forms the basis for examining primary Russian SPS legislation governing border controls and its relationship with legislative provisions on human, animal, and plant health and food safety. Specific Russsian primary federal laws (federal'nye zakony) covering veterinary medicine, plant health, food quality/safety, pesticides and agrochemicals, and technical regulations are compared with corresponding international conventions, norms, and standards and relevant legislation in the EU. Finally, general remarks are made about the Russian Federation's secondary legislation in the SPS area. Instances of non-compliance with international norms, found by the authors, may contribute to trade difficulties with other countries and likely will need to be addressed as part of Russia's negotiations to join the WTO and, also, to remove some of the difficulties in trade with the EU.
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Bonneuil, Christophe, and Les Levidow. "How does the World Trade Organization know? The mobilization and staging of scientific expertise in the GMO trade dispute." Social Studies of Science 42, no. 1 (January 16, 2012): 75–100. http://dx.doi.org/10.1177/0306312711430151.
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The World Trade Organization (WTO) dispute settlement procedure is a key arena for establishing global legal norms for what counts as relevant knowledge. As a high-profile case, the WTO trade dispute on GMOs mobilized scientific expertise in somewhat novel ways. Early on, the Panel put the dispute under the Sanitary and Phytosanitary (SPS) Agreement through a new legal ontology; it classified transgenes as potential pests and limited all environmental issues to the ‘plant and animal health’ category. The selection of scientific experts sought a multi-party consensus through a fast adversarial process, reflecting a specific legal epistemology. For the SPS framing, focusing on the defendant’s regulatory procedures, the Panel staged scientific expertise in specific ways that set up how experts were questioned, the answers they would give, their specific role in the legal arena, and the way their statements would complement the Panel’s findings. In these ways, the dispute settlement procedure co-produced legal and scientific expertise within the Panel’s SPS framework. Moreover, the Panel operated a procedural turn in WTO jurisprudence by representing its findings as a purely legal-administrative judgement on whether the EC’s regulatory procedures violated the SPS Agreement, while keeping implicit its own judgements on substantive risk issues. As this case illustrates, the WTO settlement procedure mobilizes scientific expertise for sophisticated, multiple aims: it recruits a source of credibility from the scientific arena, thus reinforcing the standard narrative of ‘science-based trade discipline’, while also constructing new scientific expertise for the main task – namely, challenging trade restrictions for being unduly cautious.
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Vorontsova, N. A. "SPS Measures as Hidden Barriers to International Trade within WTO and EAEU (theory and practice)." Moscow Journal of International Law, no. 1 (July 25, 2020): 66–78. http://dx.doi.org/10.24833/0869-0049-2020-1-66-78.
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INTRODUCTION. Since there are many threats in the modern world, states consider the essence of security in its various manifestations. A rather extensive understanding of security should be noted, as this concept applies to multiple directions of our life. So-called SPS measures are one of the vectors aimed at ensuring safety (protection) of human life and health. The scientific literature covers rather extensively SPS measures, taken by states, which include mandatory sanitary, veterinary and quarantine phytosanitary requirements and procedures. The novelty of the study is that SPS measures will be analyzed in terms of their use as hidden barriers to international trade, as well as how often they are used when a particular sanitary or phytosanitary measure imposed by a state or maintained in force by a member of an international organization restrains or can potentially restrain export of its goods.MATERIALS AND METHODS. In international trade certain issues of the contemplated problem are regulated by Article XX of GATT, as well as by the Special Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). Security measures reflected in the Article XXI of GATT-94 are not considered.RESEARCH RESULTS. Th author concluded that SPS measures construe hidden barriers to international trade. However, it is possible to establish "rules of the game", to agree on this problem in concluded agreements on the rules of application of SPS measures, minimizing the possibility of their unfair use. As for the EAEU law, it affects the development of international norms in the field under consideration.DISCUSSION AND CONCLUSIONS. The urgency of the issues dealt with in the article is based on the fact that every resident of any state in one way or another wants to be sure of the safety of all that he consumes and that the state or a number of states within the framework of an international organization are obliged to ensure this. The Eurasian Economic Union (EAEU) is no exception, it also faces similar tasks. The article analyzes the results of activities in the sphere of decision-making on SPS measures and the framework of the international organization of regional economic integration – the EAEU.
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Romaní, Nicolas Cobo, and Fábio Lins de Lessa Carvalho. "Restrictions on ultra-processed foods: challenge for compliance with World Trade Organization commitments." Seqüência Estudos Jurídicos e Políticos 42, no. 87 (August 18, 2021): 1–29. http://dx.doi.org/10.5007/2177-7055.2021.e83028.
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The health problems, due to obesity and overweight (NCD), which cross the countries worldwide faces the challenge of applying different measures and restrictions, and at the same time raises the question whether these measures and restrictions are compatible with WTO and other commitments. Nowadays trade restrictions should not be justified based only on the industry process but rather in the ingredients and quality of those food contents, when the critical nutrients ingredients exceed a healthy threshold. The justification for the restrictive measures of the SPS agreement has been applied both in food labelling formats and in other formats, to address NDCs and whether similar restrictions can be applied to ultra-processed foods, such as those that have been applied in the past to the tobacco consumption, without breaking commitments.
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Dharni, Khushdeep, and Sonika Sharma. "Food Safety Standards, Trade & WTO." Foreign Trade Review 43, no. 3 (October 2008): 3–20. http://dx.doi.org/10.1177/0015732515080301.
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With incidence of food-borne diseases, consumers have become more conscious of food safety. Share of high value food items in the export bounty from developing countries like India is on the rise. These high value food items such as fresh & processed fruits and vegetables, marine products, meat and its preparations are highly income elastic as well as sensitive from the viewpoint of food safety. Article 20 of GATT allows governments to act on trade in order to protect human, animal or plant life or health, provided they do not discriminate or use this as disguised protectionism. SPS Agreement sets out the basic rules concerning food safety and animal & plant health standards. It allows countries to set their own standards but also says that regulations must be based on science. With increased retail concentration ratio, large retailers in the developed countries are enforcing their own food safety standards and these standards are stringent as compared to standards of standard setting bodies of WTO. At times these standards are used for discrimination in international trade and are telling upon the exports from developing countries in terms of additional costs of compliance and lack of “harmonization” and difficulties in establishing “equivalence”. For the benefit of exporters from the developing countries and consumers of the developed countries, efforts must be made for encouraging harmonization in these private standards and reducing the resulting discrimination.
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ALVAREZ-JIMÉNEZ, ALBERTO. "Mutually agreed solutions under the WTO Dispute Settlement Understanding: An Analytical Framework after the Softwood Lumber Arbitration." World Trade Review 10, no. 3 (May 20, 2011): 343–73. http://dx.doi.org/10.1017/s1474745611000103.
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AbstractThe unprecedented enforcement of the mutually agreed solution (MAS) in the WTO Softwood Lumber disputes – but outside the WTO dispute settlement system – and the recent use of MAS to resolve important trade disputes should trigger a hard look at these dispute settlement instruments provided for by the DSU. This article seeks to provide a detailed framework of analysis of MAS under the DSU that allows the WTO dispute settlement system to adjudicate MAS-related disputes. WTO Members should not go outside the system to enforce MAS. The article illustrates that MAS can create binding obligations and that MAS are WTO law, given the explicit reference to them in the DSU, their intimate relation with the WTO-covered agreements and the requirement for compliance with these agreements. In addition, the article offers an interpretation of the DSU that allows panels and the Appellate Body to regard MAS as applicable law. This interpretation is offered in the view that there is no policy reason to sustain that these controversies – always fully related to WTO rights and obligations and framed under the corners of the covered agreements – have to be resolved by an adjudication system other than that of the WTO.
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ROBERTS, DONNA, and LAURIAN UNNEVEHR. "Resolving trade disputes arising from trends in food safety regulation: the role of the multilateral governance framework." World Trade Review 4, no. 3 (November 2005): 469–97. http://dx.doi.org/10.1017/s1474745605002466.
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New food regulations may impede international trade, but multilateral mechanisms can resolve trade conflicts when they do arise. Food safety regulation in industrialized countries during the 1990s increasingly uses risk analysis in a farm-to-table approach, promotes the Hazard Analysis and Critical Control Point (HACCP) system, and increases the stringency of standards or creates new regulations for hazards. The 1995 Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), negotiated by World Trade Organization (WTO) members, establishes a framework to reduce their trade distorting aspects. Three of the principles under the SPS Agreement – science-based risk assessment, equivalence, and harmonization – directly address aspects of food safety regulation that create the potential for trade disputes. In many cases, the science requirements of the Agreement have led to the elimination of unnecessary regulatory barriers to trade. However, some high profile cases remain unresolved because of gaps in convergence around risk management principles that were not spelled out in the Agreement in deference to national sovereignty. The evidence also indicates that there has been limited progress in reducing regulatory transactions costs to trade in food through equivalence or harmonization.
Dissertations / Theses on the topic "Framework for wto sps compliance"
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Theyse, Maria Johanna. "Development of an effective phytosanitary regulatory information management system framework for WTO SPS compliance." Diss., 2009. http://hdl.handle.net/2263/28929.
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The World Trade Organisation Agreement on the Application of Sanitary and Phytosanitary Measures (WTO SPS) provide the rights and obligations for members to take phytosanitary measures to protect animal, plant and human life or health. Using the guidelines of the WTO SPS Agreement Article 7 this study evaluated the current SPS transparency capacity of the South African regulatory system. Based on the outcome of the evaluation a Best Practice Model for WTO SPS notification and information management was develop to improve WTO SPS compliance for South Africa Phytosanitary capacities of regulatory systems are challenged with increased global agricultural trade and a proliferation of international and regional phytosanitary standards. International Standards for Phytosanitary measures (ISPMs) are developed by the International Plant Protection Convention (IPPC). The concept of phytosanitary capacity was analysed and the International Plant Protection Convention (IPPC) Phytosanitary Capacity Evaluation (PCE) tool evaluated in terms of its scope, purpose and usefulness. South Africa has attempted to address some of its phytosanitary capacity challenges system and organisational challenges by restructuring and strengthening the capacity of its National Plant Protection Organisation (NPPO) in order to meet the demands of international phytosanitary obligations and commitments. This study evaluates the phytosanitary capacity of South Africa and uses the IPPC Phytosanitary Capacity Evaluation (PCE) tool to identify and assess the current constraints impacting on the capacity. Based on the outcome of the PCE recommendations to address information management and capacity constraints are made. The study the used the IPPC Phytosanitary Capacity Evaluation (PCE) tool to evaluate phytosanitary regulatory capacity constraints impacting on the phytosanitary capacity of Malawi. The results from the PCE for Malawi was compared with the results obtained from the PCE for South Africa. The results highlighted the different levels of phytosanitary capacity between a developing country such as South Africa and a Least Developed Country such as Malawi and made recommendations to address the country specific constraints.Dissertation (MInstAgrar)--University of Pretoria, 2011.
Microbiology and Plant Pathology
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Books on the topic "Framework for wto sps compliance"
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Shlomo Agon, Sivan. International Adjudication on Trial. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198788966.001.0001.
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Is the World Trade Organization (WTO) Dispute Settlement System (DSS) effective? How exactly is the effectiveness of this adjudicative system to be defined and measured? Is its effectiveness all about compliance? If not, what goals—beyond compliance—is the WTO DSS expected to achieve? Has it fulfilled these objectives so far, and how can their achievement and the system’s effectiveness be enhanced in the future? Building on a theoretical model borrowed from social science, this book lays down the analytical framework required to answer these questions, while crafting a revealing insider’s account of the WTO DSS—one of the most important and debated sites of the evolving international judiciary. Drawing on interviews with WTO adjudicators, WTO Secretariat staff, ambassadors, trade delegates, and trade lawyers, the book offers an elaborate analysis of the various goals steering the DSS’s work, the diverse roles it plays, the challenges it confronts, and the outcomes it produces. Through this insider look at the WTO DSS and detailed examination of landmark trade disputes, the book uncovers the oft-hidden dynamics of WTO adjudication and provides a fresh perspective on the DSS’s operation and the undercurrents affecting its effectiveness. Given the pivotal role the WTO DSS has assumed in the multilateral trading regime since its inception in 1995 and the systemic pressures it has recently come to face, this book makes an important contribution towards understanding and measuring the benefits (as well as the costs) this adjudicative body generates, while providing valuable insights into current debates on its reform.
Book chapters on the topic "Framework for wto sps compliance"
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Shlomo Agon, Sivan. "Introduction." In International Adjudication on Trial, 1–20. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198788966.003.0001.
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The introductory chapter begins with a review of the literature on the effectiveness of international courts, with a focus on the World Trade Organization (WTO) Dispute Settlement System (DSS). It then sets out the book’s main objective, which is to offer a multidimensional approach for analysing the effectiveness of the WTO DSS, a goal-based approach that defines DSS effectiveness as the extent to which this adjudicative system attains the goals set for it by the WTO and its Member states. Such an approach not only transcends classic compliance-centred effectiveness models by taking into account the manifold goals entrusted to the DSS, but also enables revelation of the real-life intricacies underlying the DSS’s operation and, consequently, its effectiveness, as these emerge from the multiple, conflicting, and shifting nature of its objectives. After formulating the book’s research agenda and objectives, the chapter provides an overview of the book’s four parts and explains its methodological framework.