英文摘要 |
Since the radiation leak from the Fukushima Daiichi nuclear power plant caused by the tsunami in Japan in 2011, the food produced and exported from Fukushima and surrounding areas has been affected by various trade-restrictive meausres due to the potential radioactive contamination. However, as time goes by, many countries have successively removed relevant measures after Japan released the safety monitoring report. Nevertheless, until the end of 2021, China, South Korea, and Taiwan still maintain similar restrictions. Japan believes that the food in the region has been proven safe through its monitoring reports and that the trade-restrictive measures of various countries have turned into obstacles to trade and are considered in violation of the provisions of the WTO/SPS Agreement. Therefore, it filed acomplaint against South Korea’s measures at the WTO dispute settlement mechanism to find amutually accepted solution in 2015, and both the Panel report and the ruling of the Appellate Body have been adopted on April 26, 2019. Although the Panel found that parts of South Korea’s measures violated Articles 2.3 and 5.6 of the SPS Agreement, the Appellate Body overturned several opinions in the Panel’s report, resulting in problems unresolved in this case in the end. Neither the final result achieved the purpose of Japan’s request for South Korea to withdraw its measures, nor justified the Korea’s measures eventually. However, the discussion about the requirement of the necessity and the principle of non-discrimnation in this case contains abundant of information related to how to strike the balance between the food safty and trade interest. Through the introduction and analysis of the case, this paper aims to know how to evaluate the trade-restrictive measures taken for the food suspected of radiation contamination after anuclear safety accident or in asimilar situation are in compliance with WTO rules, especially the SPS Agreement. |