The World Trade Organization (WTO) serves as the only and the most important international organization in the governance of the multilateral trade order. In a period around two decades, the WTO has established the rule of law in international trading system. The WTO covers a wide range of trade rules which might constrain domestic regulatory measures. Among these, the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) concerns the application of disease spread, food safety and animal and plant health regulations.
How to ensure imported food is safe for consumers while avoiding causing unnecessary trade barrier constitutes a daunting challenge for the WTO members. As practiced, the sanitary and phytosanitary measures include requiring products to come from a disease/radiation contamination-free area, inspection of products, setting allowable maximum residue levels of ractopamine for beef and pork or limiting the permitted use of additives in food.
This semester’s seminar will center on the SPS Agreement along with related dispute settlement cases, such as EC-Beef Hormones, EC-Biotech Products, Australia-Salmon, Japan-Apples.
The tentative topics to be discussed follow.
I. General Issues
1. The linkage and tension between health protection and international trade: An overview
2. Consumer protection and import safety regulation in an era of globalization
3. Features and the scope of application of the SPS Agreement: Infectious disease control? Unhealthy food and obesity? Environmental risks? GMO product?
II. Specific Issues
1. Health measures and “the appropriate level of protection”
2. Science, risk assessment and public perception of food safety risks
3. Pre-market approval systems and import safety
4. The role of Codex Alimentarius Commission in setting the food standards
5. The precautionary principle and food safety risk
6. Equivalence and risk regulation
7. Private sector food-safety standards
8. Trans-Pacific Partnership (TPP) and food safety