An Analysis of the Precautionary Principle in the Fishery Products Dispute between Korea and Japan

• 발행기관: 한국무역연구원
• 저자명: Yan Cai Eun-Mi Kim
• 간행물 정보: 『무역연구』제15권 제3호, 183~202쪽, 전체 20쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2019.06.30

영문 초록

Purpose - This study aims to explore how and to what extent the precautionary principle (PP) might be applied in the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement). Design/methodology/approach - This study conducted a case analysis on Korea-Import Bans, and Testing and Certification Requirements for Radionuclides, whose Appellate Body (AB) Report was circulated very recently on April 11, 2019. Findings - This study found that the Panel is still reluctant to allow members considerable policy space needed to operationalize the PP by taking an overly narrow approach in the interpretation of Article 5.7 of the SPS Agreement. However, the AB, overturning an earlier ruling made by the Panel for the first time in the World Trade Organization (WTO) history, sets forth its consistent position of supporting a “prudent precaution” approach. Research implications or Originality - Since the establishment of the WTO, disputes over the role of PP in the world trade law have been for a long time; however, there is still a long way to go for a well-established jurisprudence to take hold. This study suggests that it might be desirable for future panels to follow the AB’s interpretation approach and move further away from an overly narrow interpretation of the PP.

목차

Ⅰ. Introduction

Ⅱ. Rationale of the Precautionary Principle

Ⅲ. Case Analysis

Ⅳ. Implications and Suggestions

Ⅴ. Conclusion

키워드

Fishery Products Korea-Radionuclides Precautionary Principle SPS Agreement