Sustainable Development in World Trade Law: Application of the Precautionary Principle in Korea-Radionuclides

Yan Cai and Eunmi Kim
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Yan Cai: Department of International Trade, College of Commerce, Chonbuk National University, Jeonju 54896, Korea
Eunmi Kim: Department of International Trade, College of Commerce, Chonbuk National University, Jeonju 54896, Korea

Sustainability, 2019, vol. 11, issue 7, 1-18

Abstract: Sustainable development (SD) is one of the objectives of the World Trade Organization (WTO), and in order to achieve SD, the precautionary principle (PP) is one of the most appropriate means that can be used. This study aims to explore whether the WTO promotes SD through its legal interpretation of the PP and to provide suggestions for realizing the balance between trade liberalization and sustainable development in the WTO. To this end, this study conducts a case analysis on the Korea-Import Bans, and Testing and Certification Requirements for Radionuclides (DS495) dispute from legal and political-economic perspectives, and finds that the WTO’s rigorous examinations of the four requirements presented in Article 5.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) remain a significant impediment for the incorporation of the PP into WTO jurisprudence, and can also cause systemic problems. This study suggests that efforts from three dimensions—the WTO adjudicating parties, the government, and the lobbying groups of importing countries—are required to promote SD in the WTO.

Keywords: sustainable development; precautionary principle; world trade law; SPS Agreement; Korea-Radionuclides (search for similar items in EconPapers)
JEL-codes: O13 Q Q0 Q2 Q3 Q5 Q56 (search for similar items in EconPapers)
Date: 2019
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (3)

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