Seeds, Trade, Trust: Regionalization Commitments under the SPS Agreement

Naoto Nelson Saika

Journal of International Economic Law, 2017, vol. 20, issue 4, 855-881

Abstract: Most of the disciplines set out in WTO agreements anticipate nationwide trade measures. Article 6 of the Agreement on the Application of Sanitary and Phytosanitary Measures is one of a few provisions that explicitly refers to region-based trade measures. This article explores Article 6 by reviewing relevant negotiation history, roles of international organizations, and case law (India – Agricultural Products, US – Animals, and Russia – Pigs (EU)). In addition, to further explore the topic, this article provides a consistency analysis of a specific measure implemented by Japan against wheat shipped from the USA amid detections of unauthorized genetically modified wheat in the USA. Unique features of plant trade that need to be taken into account when applying Article 6 will be introduced throughout this article.

Date: 2017
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