A Study on Development of Regulations of Sanitary and Phytosanitary Measures under Regional Trade Agreement- Especially on EU and U.S.’s Regional Trade Agreement and CPTPP Agreement

• Main Authors: Huang, Shih-Ching, 黃詩晴
• Other Authors: Hsueh, Ching-Wen
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/6t8uc8

碩士 === 國立政治大學 === 國際經營與貿易學系 === 106 === Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) provides WTO members the right to take sanitary and phytosanitary measures for the protection of human, animal or plant life or health, and requires these SPS measures to avoid distinctions or a disguised restriction on international trade. Thus, SPS Agreement can achieve the balance of ‘protection of food safety and animal of plant health’ and ‘protection of international trade’. However, in practice, SPS Agreement is criticized as focusing on trade protection rather than health. There is doubt on the management in food safety and animal and plant health for SPS Agreement. Besides, with decline of legislative function in WTO, the governance turned to bilateral or multilateral trade agreement. As a result, this article collects and analyzes the regulations of Sanitary and Phytosanitary Measures in Regional Trade Agreement – especially on EU and U.S.’s Regional Trade Agreement and CPTPP Agreement, and compares with SPS Agreement to see the WTO-Plus or WTO-Extra regulations, and to analyze if these improvements can resolve the problem of SPS Agreement. In this article, the improvements of SPS regulations on animal welfare, adaptation to Regional Conditions, and technical cooperation focus on food safety or animal or plant health. On the other hand, the SPS regulations with more improvents focus on international trade, including the regulations on Harmonization, Equivalence, Scientific Evidence and Transparency. It is concluded that the improvements in SPS regulations seemed not to solve the governance problems in SPS Agreement. It is worthy to see if the improvements in SPS regulations can solve the problems in practice, and keep observing the development of SPS regulations in regional trade agreement in the future.