his paper examines the harmonization, equivalence and transparency provision of the WTO SPS Agreement. With the economic development, people now concern more on the well-being of one's life. The WTO SPS Agreement covers the measures on sanitary which is directly related to the health of human, animals and plants. Once the issue related to the SPS measures is raised, it can generate public fear of the health safety as we have experienced from the chaos caused by Korea-US Beef Protocol. Due to the nature of the SPS measure, its relation to the human's life, preventing the future dispute is more crucial to the dispute settlement. Therefore, it is necessary to understand the WTO SPS Agreement and measures in relation, and try to prevent dispute in advance. The provisions on the harmonization, equivalence and transparency are not the most frequent provisions that are referred on the dispute but carry great importance for the mplementation of the Agreement. The SPS Committee has adopted Decisions on the provisions mentioned above. It has adopted the Procedure to Monitor the Process of the International Harmonization (Article 3), Decision on the Implementation of Article 4 of the Agreement on the Application of Sanitary and Phytosanitary Measures and Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (Article 7). This paper examines the WTO Dispute cases that were raised in relation to the three provisions, mostly on the Article 3. In addition, it further analyzes the Decisions and two Reviews on the implementation of the SPS Agreement by the SPS Committee, in order to understand ongoing discussion of the provisions and further seek the aspects that need to be worked on. By understanding and implementing the SPS Agreement provisions on the harmonization, equivalence and transparency, countries can trust on the SPS measures of other Members, which will help prevent disputes and promote trade. Furthermore, The government's effort to inform the public of the SPS Agreement and SPS measures of other Members would help raise the condition of the people's health in the future.
한국국제경제법학회 [International Economic Law Association of Korea]
설립연도
2003
분야
사회과학>법학
소개
한국국제경제법학회는 2003년 3월 국내의 국제경제법(통상법) 전문가들에 의하여 설립되었습니다. 한국국제경제법학회는 WTO를 비롯한 국제경제법(통상법)의 연구와 교육의 질과 수준을 제고하는데 제1차적 목표를 두고 있으며, 함께 정부와 기업의 국제경제법(통상법)의 올바른 이해와 활용에 기여하고자 합니다.
간행물
간행물명
국제경제법연구 [Korean Journal of International Economic Law]