Sanitary and Phytosanitary Agreement

2020 ◽  
Vol 16 ◽  
pp. 59-72
Author(s):  
Nor Akhmal Hasmin ◽  
Zinatul Ashiqin Zainol ◽  
Najwa Azizun ◽  
Nur Hafidah Abd Kadir

Labelling of food products that contain new technologies has been adopted to inform consumers and address concerns over uncertainty of the technologies. Even though food labelling is significant, the implementation of mandatory labelling measures for nanofood within the domestic legislation is only possible if the measure is aligned with the World Trade Organisation (WTO) regulations. This paper examines whether mandatory labelling measure for nanofood would be permissible under the WTO agreements, i.e. the Technical Barriers to Trade Agreement and the Sanitary and Phytosanitary Agreement. The study adopts a doctrinal approach and content analysis by examining relevant legal provisions in the WTO agreements, cases decided by the WTO, and other documents on nanofood labelling. Findings suggest that the labelling measure amounts to unnecessary barriers to international trade. The mandatory labelling is not an international labelling standard and the practice is trade restrictive. Some recommendations presented at the end of this paper shall give invaluable insights into the implementation of mandatory labelling for nanofood if any country decides to introduce the measures in their food information system.


2003 ◽  
Vol 2 (2) ◽  
pp. 131-155 ◽  
Author(s):  
GILBERT R. WINHAM

Trade and environment constitute regimes in international relations: they are vehicles for cooperation between nation states that permit governments to address various subjects such as commercial non-discrimination, reduction of pollution, reciprocity and sustainable development. The issues of food safety and agricultural biotechnology (i.e., genetically modified organisms or GMOs) have been raised in both regimes, and have been managed in different and arguably inconsistent manners. In the trade regime, food safety and ag-biotech are mainly subject to the US-backed principle of ‘scientific risk assessment’ established in the WTO's Sanitary and Phytosanitary Agreement, while in the environment regime they would likely be addressed through the more politically based ‘precautionary principle’, promoted by the EU and represented in the Cartagena Protocol on Biosafety. Both the trade and environment regimes are rules-based, but conflict between them diminishes the force of precision and obligation needed to make rules effective. Furthermore, there is a danger that regime conflict could expand, thereby reducing the opportunity to promote an optimal relationship between science and society in the future.


ERA Forum ◽  
2001 ◽  
Vol 2 (4) ◽  
pp. 118-128 ◽  
Author(s):  
Paolo Vergano

2003 ◽  
Vol 42 (4II) ◽  
pp. 487-510
Author(s):  
Khalid Mustafa

There has been growing recognition that Sanitary and Phytosanitary (SPS) agreement can impede trade in agricultural and food products. Pakistan, in particular experiences problems in meeting the SPS requirements of developed countries and, it is claimed, this can seriously impede its ability to export agricultural and food products. Attempts have been made to reduce the trade distortive effects of SPS measures through, for example, the World Trade Organisation (WTO) SPS Agreement, although it is claimed that current initiatives fail to address many of the key problems experienced by Pakistan and other developing countries. The present paper explores implications of Sanitary and Phytosanitary (SPS) agreement on exports of agricultural and food products from Pakistan. It identifies the problems that Pakistan faces in meeting SPS requirements and how these relate to the nature of SPS measures and the compliance resources available to Government of Pakistan and the supply chain. The paper examines the impact of SPS agreement on the extent to which SPS measures impede exports from Pakistan. It identifies the problems that limit participation of Pakistan in the SPS agreement and its concerns about the way in which it currently operates.


Sign in / Sign up

Export Citation Format

Share Document