2013 Fiscal Year Final Research Report

exploiting full potential of dispute settlement by establishing pest-free areas in the SPS Agreement

Research Project

Project/Area Number	23530056
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Multi-year Fund
Section	一般
Research Field	International law
Research Institution	Kinki University
Principal Investigator	HAMADA Taro 近畿大学, 経済学部, 准教授 (00454637)
Project Period (FY)	2011 – 2013
Keywords	植物検疫 / SPS協定 / 無害無病地域
Research Abstract	This research highlights the importance of international comparison of SPS measures by case studies of the WTO dispute settlement mechanism. This also exploits the relationship between bilateral negotiations and agreements of equivalence and pest-free area and the WTO dispute settlement mechanism. It proves that the former plays a role of amicable settlement of a dispute which would be otherwise brought to the latter. It emphasizes the significance of correcting and preventing trade-distorting different SPS measures to some fresh fruits agreed by every exporting country in order to expand agricultural export of developing countries. This research finally elucidates the mutual relationship between the bilateral negotiations/agreements and the WTO. It concludes that mutual interactions between them prevent the fragmentation of the international trade law.