IDEAS home Printed from https://ideas.repec.org/
MyIDEAS: Log in (now much improved!) to save this paper

[WTO Case Review Series No.15] India—Measures Concerning the Importation of Certain Agricultural Products (WT/DS430): Toward the implementation of sanitary and phytosanitary measures based on regionalization (Japanese)

Listed author(s):
  • ISHIKAWA Yoshimichi
Registered author(s):

    India adopted measures that prohibit the importation of various agricultural products, mainly livestock and poultry products, into India from those countries reporting the occurrence of notifiable avian influenza (NAI), which is composed of both highly pathogenic notifiable avian influenza (HPNAI) and low pathogenicity notifiable avian influenza (LPNAI), to the World Organisation for Animal Health (OIE). India's AI measures are not designed to take into account the difference in AI risks regarding those products that are derived from AI-free areas or compartments within the territory of NAI-reporting countries, nor to adapt the measures to the difference of AI risks. Rather, India's AI measures prohibit the importation of those products on a country-wide basis. In other words, India's AI measures are not structured on the basis of the principle of "regionalization" required by the "OIE Terrestrial Animal Health Code," which is considered to be the international standards under the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). Thus, the United States initiated the proceedings before the WTO dispute settlement procedure with respect to the consistency of India's AI measures with the SPS Agreement. After an overview of the Panel and the Appellate Body Reports of the current dispute, this paper aims to explore how the adoption of the SPS measures based on the principle of regionalization is implicitly required in relation to the substantive obligations under the SPS Agreement (e.g., Articles 2, 3, 5), in addition to the procedural requirement reflected in Article 6 of the SPS Agreement.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL: https://www.rieti.go.jp/jp/publications/pdp/16p002.pdf
    Download Restriction: no

    Paper provided by Research Institute of Economy, Trade and Industry (RIETI) in its series Policy Discussion Papers (Japanese) with number 16002.

    as
    in new window

    Length: 42 pages
    Date of creation: Jan 2016
    Handle: RePEc:eti:rpdpjp:16002
    Contact details of provider: Postal:
    11th floor, Annex, Ministry of Economy, Trade and Industry (METI) 1-3-1, Kasumigaseki Chiyoda-ku, Tokyo, 100-8901

    Phone: +81-3-3501-1363
    Fax: +81-3-3501-8577
    Web page: http://www.rieti.go.jp/
    Email:


    More information through EDIRC

    No references listed on IDEAS
    You can help add them by filling out this form.

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:eti:rpdpjp:16002. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (KUMAGAI, Akiko)

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.