• Title/Summary/Keyword: SPS Agreement

Search Result 17, Processing Time 0.032 seconds

Applicating Scope of SPS Agreement : Focusing on Panel's Interpretation in EC-Biotech Case (SPS협정의 적용범위에 관한 연구 - EC-Biotech 사건의 패널판결을 중심으로 -)

  • Lee, Eun-Sup;Lee, Ju-Young
    • International Commerce and Information Review
    • /
    • v.10 no.4
    • /
    • pp.439-455
    • /
    • 2008
  • The SPS Agreement, concluded in the Uruguay Round for the purpose of controlling SPS risks, has traditionally been recognized to maintain the narrowest scope of application compared with TBT Agreement and GATT in relation with environmental provisions. Contrary to such an understanding on the scope of the SPS Agreement, the panel in the EC-Biotech case found that the SPS Agreement extends to regulate trade-restrictive measures on Genetically Modified Organizations(GMOs) causing health and environmental risks. This expanding scope of the SPS Agreement would have substantial influence on domestic environmental regulations as well as Multilateral Environmental Agreements(MEAs). This paper discusses the consequences of an expanding ambit for the WTO SPS Agreement through the designation of a wider range of health and environmental regulations affecting trade as SPS measures. As a result, not only precautionary measures on GMO risks, but also other health and environmental measures with trade impacts, could be subject to SPS control, and consequently, the institutional rigors of the WTO regime. However, strict and literal interpretation of the SPS provisions to expand its applicable scope would cause concerns about the WTO's intervention on the purely environmental measures. Pursuing harmonized and flexible interpretation of provisions on environment-related conflicts as well as accepting precautionary principle included MEAs will contribute to reduce such kind of concerns.

  • PDF

Food safety regulation based on WTO SPS agreement and the required future work (WTO SPS 협정에 기초한 식품안전 규제와 향후 과제)

  • Cho, Seung Yong;Cho, Sanggoo
    • Food Science and Industry
    • /
    • v.51 no.3
    • /
    • pp.196-208
    • /
    • 2018
  • This paper described the contents of the WTO (world trade organization) SPS (world trade organization) Agreement and trends in the WTO SPS provisions such as equivalence, localization, transparency, and risk assessment. The purpose of the WTO SPS agreement is to promote international trade by preventing arbitrary and unreasonable use of SPS measures, which are the rights of a country for the protection of human health and animal and plant health, and by abolishing the non-tariff barriers. To this end, the requirements for implementing the SPS measures taken by the importing country are restricted to those that can scientifically prove to be inevitable for SPS protection. The major provisions in WTO SPS agreement were elaborated to promote international trades. When trade-restricted SPS measures such as prohibition of imports are made, a scientific basis should be provided. Therefore, it is essential to provide scientific evidence based on risk analysis to protect people's health from potentially harmful imported foods.

Linkage between Trade and SPS Measure through Establishment of Reasonable-Regulator Approach to Judicial Review : Focusing on US-Hormones Suspension Case (합리적 규제자 기준의 확립을 통한 무역과 위생검역조치의 조화 - US-Hormones Suspension 사건을 중심으로 -)

  • Lee, Ju-Young;Lee, Eun-Sup
    • International Commerce and Information Review
    • /
    • v.13 no.3
    • /
    • pp.403-431
    • /
    • 2011
  • The environmental issues including domestic measures to protect public life or health are generally easy to bring the tension between the WTO and its member countries. The standard of review, whether de novo review, total deference, or somewhere in between, is largely important in the WTO's adjudicating mechanism because it is closely related to the appropriate balance of power between sovereign nations and the WTO: The multilateral trading regime, through the proper standard of review, could harmoniously operated without interest conflicts among the member countries and at the same time between the WTO and the member countries. Irrespective the important function of the standard of review in the WTO judicial system, applicable standard of review has not been established in the current SPS Agreement. Furthermore, the nature of the SPS Agreement related in scientific factors, such as scientific experiment, data and assessment prevents the WTO's panel from applying consistent standard of review. Considering the judicial demand for the moderate treatment of the case under the SPS Agreement, this paper explores appropriate standard of review applicable the SPS-related environmental measures, particularly, by analysing the recent SPS-related dispute, US-Hormones Suspension.

  • PDF

Review of Potential Import Restrictions by Japan on Korean Fishery Products - A Focus on Radionuclides Dispute between Korea and Japan - (일본의 한국산 수산물 수입규제 가능성 검토 - 한·일 방사능 분쟁을 중심으로 -)

  • Lim, Byeong-Ho;Hong, Suk-Gu;Yoo, Jin-Hee
    • Korea Trade Review
    • /
    • v.44 no.6
    • /
    • pp.119-134
    • /
    • 2019
  • This study focuses on a recent WTO SPS dispute related to Korea Import Bans and Testing and Certification Requirements for Radionuclides (DS495) in order to learn from the case and take proactive measures to prevent potential import restrictions by Japan on Korean seafood. Korean-Radionuclides (Japan) emphasizes the importance of sufficient scientific evidence, especially scientific information from relevant international organizations, in an effort to take preventive measures towards Japan's restrictions on Korean seafood imports. Japan claims that a novel parasite, Kudoa septempuctata, in Korean flatfish causes food poisoning. As food poisoning is a serious concern, there is a low possibility that Japan's enhanced monitoring measures would be more trade restrictive than required as prescribed in Article 5.6 of the WTO SPS Agreement. In addition, Korea is the biggest exporter of olive flounder to Japan. Hence, the possibility that similar conditions could be established is low in relation to non-discriminatory principles under the WTO SPS Agreement. Accordingly, we should collect relevant scientific evidence, improve domestic sanitary management of fishery products, and seek export diversification so that we prepare for potential import restrictions by Japan and minimize implications.

Ductile Fracture Behaviour of SPS Specimen Under Pure Mode II Loading (순수 모드 II하중 하에서의 SPS 시험편의 연성파괴 특성에 관한 연구)

  • O, Dong-Jun
    • Transactions of the Korean Society of Mechanical Engineers A
    • /
    • v.25 no.2
    • /
    • pp.289-295
    • /
    • 2001
  • The aim of this study is to investigate the ductile fracture behaviour under pure Mode II loading using A533B pressure vessel steel. Single punch shear(SPS) test was performed to obtain the J-R curve under pure Mode II loading which was compared with that of the Model I loading. Simulation using Rousellier Ductile Damage Theory(RDDT) was carried out with 4-node quadrilateral element(L(sub)c=0.25mm). For the crack advance, the failed element removal technique was adopted with a $\beta$ criterion. Through the $\beta$ value tuning-up procedures, $\beta$(sub)crit(sup)II was determined as 1.5 in contrast with $\beta$(sub)crit(sup)I=5.5. In conclusion, it was found that the J-R curve under Mode II loading was located at lower part than that under Mode I loading obtained from the previous study and that the $\beta$ values strongly depended on the loading type. In addition, the predicted result using RDDT showed a good agreement with the SPS experimental one under pure Mode II loading.

A Study of Test-Retest Reliability and Interrater Reliability of the Sensory Processing Scale for Children (SPS-C) (아동감각처리척도(Sensory Processing Scale for Children; SPS-C)의 검사-재검사 신뢰도와 검사자간 신뢰도 연구)

  • Kim, Kyeong-Mi;Kim, Ga-Yeon;Lee, Seung-Jin
    • The Journal of Korean Academy of Sensory Integration
    • /
    • v.20 no.2
    • /
    • pp.11-21
    • /
    • 2022
  • Objective : This study examined the test-retest reliability and interrater reliability of the Sensory Processing Scale for Children (SPS-C). Method : Senventy primary caregivers of children with sensory processing difficulties and 3 years old participated in the study. The subjects were recruited through child development centers, welfare centers, and acquaintances located in Seoul, Gyeonggi-do, Busan, and Gyeongsang-do. The test-retest reliability verification targeted 20 main caregivers of children with difficulty in sensory processing. Re-evaluation was performed within 7 to 14 days after the initial evaluation, and Pearson's correlation coefficient was used to confirm the relevance between the two time points, and the Intraclass correlation coefficient was used to confirm the degree of agreement. The interrater reliability verification was conducted with 18 primary caregivers and 18 subsidiary caregivers of children with sensory processing difficulties. Each caregiver evaluated the same child, and the Intraclass correlation coefficient was used to confirm the agreement between the two sets of caregivers. Results : The test-retest reliability was Pearson's correlation coefficient r=.914 and intraclass correlation coefficient ICC=.939, indicating a high level of relevance and agreement. The interrater reliability was an Intraclass correlation coefficient ICC=.727, which showed a moderate level of agreement, but the tactile area (ICC=.455) and proprioceptive area (ICC=.439) were not statistically significant and showed a low degree of agreement. Conclusion : Through this study, it was confirmed that the children's Sensory Processing Scale for Children (SPS-C) is a stable evaluation tool with test-retest reliability and interrater reliability verified, and it will be able to provide help in standardization studies for future clinical use.

Study on the Notifications of WTO/SPS - Focused on Food Safety Measures - (WTO/SPS 통보문 분석 연구 - 식품안전조치를 중심으로 -)

  • Shin, Seong-Gyun
    • The Korean Journal of Food And Nutrition
    • /
    • v.22 no.2
    • /
    • pp.252-260
    • /
    • 2009
  • According to Article 7 and Annex B of the World Trade Organization(WTO) Agreement on the Application of Sanitary and Phytosanitary(SPS) Measures, WTO members are required to notify their newly established or amended SPS measures that might affect international trade. This study analyzed SPS notifications from 1995 to 2008 to identify international trends for food safety measures. The notifications were collected from the SPS information management system and the official document distribution system of WTO. The 153 WTO members represented 37 developed countries, 84 developing countries and 32 least developed countries. The number of overall notifications was 9,820. The annual notifications increased from 198 in 1995 to 1,264 in 2008. The monthly average notifications were from 44.8 in December to 69.5 in June; however, there were no statistical differences among them. The six leading Members in terms of notification submissions were United States(U.S.), Brazil, New Zealand, Canada, European Community and Korea. Among the regular and emergency notifications, 62.7% notifications were concerned with food safety, followed by animal and plant protections. Among animal protection notifications, 54.8% were emergency situations. Of the 4,821 food safety notifications, 60.4% were from developed countries, and 39.3% were from developing countries. Measures concerning pesticide residues and risk assessments were mainly from developed countries. In contrast, 77.5% of the measures concerning zoonoses were from developing countries. However considering the numbers of developing and developed countries, the average number of measures for each country was similar. Food safety measures were mainly involved pesticide residues followed by food additives, zoonoses, new regulations, labeling. As the overall notifications, zoonosis measures were mainly emergency notifications. Measures concerning pesticide residues, food additives, zoonoses, new regulations, veterinary drugs, and labeling were submitted most often by the U.S., Korea, Albania, U.S., Australia, and U.S., respectively. Identifying the exact trends of food safety measures was complicated by a number of factors. However, WTO notifications might be useful tool in providing a general view of international trends.

STUDY ON EQUATORIAL, BUBBLES DETECTED BY SPS IMS ONBOARD THE KOMPSAT-I (KOMPSAT-1 SPS IMS에 관측된 적도 이온층 밀도 불균일 현상에 대한 연구)

  • 박재흥;이재진;이은상;민경욱
    • Journal of Astronomy and Space Sciences
    • /
    • v.19 no.2
    • /
    • pp.133-140
    • /
    • 2002
  • Space Physics Sensor onboard the KOMPSAT-1, which was launched at 1999, had transmitted ionospheric data during the solar maximum from June 2000 to August 2001. When the KOMPSAT-1 has passed the equatorial region, equatorial bubbles, in which the electron density abruptly decreases, had frequently been detected. Statistical analysis of the data obtained during the entire operational period shows equatorial bubbles frequently occur across the Atlantic region where the geomagnetic field strength is weak. Also, equatorial bubbles occur more frequently for lower Kp index. The results are in good agreement with the previous observations by DMSP satellites and radio experiments at the Peruvian sector The correlation between electron density and the electron temperature shows various behaviors from event to event.

A Critical Analysis of the SPS Dispute over the Import Ban on Japanese Radioactive Seafood (방사능 관련 일본산 수산물 수입 분쟁에 관한 SPS 협정 분석)

  • Yoon, Jung-Hyun;Lim, Song Soo
    • Korea Trade Review
    • /
    • v.44 no.4
    • /
    • pp.19-34
    • /
    • 2019
  • This study investigates the WTO dispute over Japanese fishery products originated from Fukushima and another seven prefectures. Being subject to an import ban and additional radioactive test requirements, Japan complained that the Korean government's trade measures are inconsistent with the principles of the Agreement on Sanitary and Phytosanitary Measures. This paper considered the contrasting judicial decisions made by the Panel and Appellate Body and analyzed the debates with respect to their trade-discriminatory effects (Article 2.4), the relevance of appropriate level of protection (Article 5.6) and the precautionary approaches (Article 5.7). Consistent with the final rulings, this paper identifies the need for a broaden understanding of regional conditions and qualitative aspects of protection in risk analysis. Findings also suggest that Korea has diverted its fishery imports from Japan to other countries, while Japan has created export diversion from Korea to other destinations.

Analysis of the Effects on Establishment of International Standards by Codex Alimentarius Commission (CODEX 국제식품규격위원회의 국제표준제정 동향 분석)

  • Shin, Seong-Gyun
    • The Korean Journal of Community Living Science
    • /
    • v.18 no.4
    • /
    • pp.699-706
    • /
    • 2007
  • The importance of the standards and its related texts established by Codex Alimentarius Commission (CAC) had been increased by the Agreement of Application of Sanitary and Phytosanitary Measures (SPS Agreement) in World Trade Organization (WTO). To meet the needs of WTO SPS Agreement, biennial CAC meeting had been changed to every year. This study was conducted to analyze the effects on interval between CAC meetings. The years of adoption, revision and amendment of CAC texts were collected from the official standard list and individual texts from CAC homepage. The period since establishment of CAC was divided into four groups by starting negotiation of Uruguay Round, WTO foundation and reducing the interval between CAC meetings. The collected data were analyzed by SPSS program. The numbers of CAC standards, guidelines, recommendations, maximum residue levels, and miscellaneous texts were 202, 56, 46, 3 and 5, respectively. Since 8 documents didn't contain the adoption year, these texts were eliminated to analyze adoption year. For adoption, annually 11.26 texts were established since establishment of CAC and there were no significant difference among the 4 groups. However the average numbers of revisions and amendments of adopted texts for overall periods and for each period were 7.56, 0.93, 6.50, 17.20 and 19.75, respectively. The average numbers of overall decisions, defined as summation of adoption, revision and amendment of texts, for overall periods and for each period were 12.37, 6.27, 9.00, 17.40 and 29.25, respectively. There were significant differences by the WTO foundation and the interval between CAC meetings. The reduced interval of CAC meetings influenced to increase number of revisions and amendments of adopted texts, but not yet adoption of new text.

  • PDF