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A Study on the Transparency Principle of the ‘WTO Agreement on the Application of SPS Measures’

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2018, (23), pp.1-19
  • DOI : 10.31839/ibt.2018.12.23.1
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : September 19, 2018
  • Accepted : October 25, 2018

LEE JIN-KYU 1

1동아대학교

Accredited

ABSTRACT

The SPS Agreement imposes the obligation of Members to promptly notify, provide information and consult on their SPS measures, which are examples of the transparency principle of this Agreement. As the liberalization of agricultural products through WTO and FTAs expands, it is true that the implementation of transparency by each member's SPS measures caused many conflicts. In order to minimize trade friction with the major parties involved in the SPS measure and to actively respond to the actions of other countries, it is necessary to establish an effective system to ensure transparency in and out of the country. Therefore, we need to reaffirm the transparency principles required by the SPS agreement and the obligations of members and closely analyze the major issues related to the transparency of the disputes that have been raised by the WTO. Also, it is urgent for us to supplement the relevant domestic legal system by referring to Australia's best practice of establishing a unified legal system to ensure and enhance transparency in the SPS agreement.

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