Dispute settlement reports 2019. Volume VII, Pages 3651-4298 / World Trade Organization.

Format:

Book

Contributor:

World Trade Organization, copyright holder.

Language:

English

Subjects (All):

Foreign trade regulation--Cases.

Foreign trade regulation.

Tariff--Law and legislation--Cases.

Tariff.

Competition, Unfair--Cases.

Competition, Unfair.

Dispute resolution (Law)--Cases.

Dispute resolution (Law).

Physical Description:

1 online resource (Pages 3651-4298) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2021.

Summary:

These are the WTO's authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. DSR 2019: Volume VII contains the panel and Appellate Body reports on 'Korea - Import Bans, and Testing and Certification Requirements for Radionuclides' (WT/DS495).

Contents:

Cover

Title page

Half-title

Copyright information

TABLE OF CONTENTS

Korea - Import Bans, and Testing and Certification Requirements for Radionuclides (WT/DS495)

Report of the Appellate Body

LIST OF ANNEXES

ABBREVIATIONS USED IN THIS REPORT

PANEL EXHIBITS CITED IN THIS REPORT

CASES CITED IN THIS REPORT

1. INTRODUCTION

2. ARGUMENTS OF THE PARTICIPANTS

3. ARGUMENTS OF THE THIRD PARTICIPANTS

4. ISSUES RAISED IN THIS APPEAL

5. ANALYSIS OF THE APPELLATE BODY

5.1 Article 5.6 of the SPS Agreement

5.1.1 Introduction

5.1.2 The Panel's findings

5.1.3 Whether the Panel erred under Article 5.6 of the SPS Agreement in finding that the alternative measure proposed by Japan would achieve Korea's appropriate level of protection

5.1.4 Conclusion

5.2 Article 2.3 of the SPS Agreement

5.2.1 Introduction

5.2.2 The Panel's findings

5.2.3 Whether the Panel erred under Article 2.3 of the SPS Agreement in finding that "similar conditions prevail" in Japan and other Members

5.2.4 Conclusion

5.3 Article 5.7 of the SPS Agreement

5.3.1 Introduction

5.3.2 The Panel's findings

5.3.3 Whether the Panel erred under Articles 6.2, 7, and 11 of the DSU in making findings under Article 5.7 of the SPS Agreement

5.3.4 Whether the Panel erred in its interpretation and application of Article 5.7 of the SPS Agreement and under Article 11 of the DSU in finding that Korea's measures do not meet the requirements of Article 5.7 of the SPS Agreement

5.3.5 Conclusion

5.4 The Panel's Treatment of Evidence

5.5 The Panel's Expert Selection

5.6 Article 7 and Annex B to the SPS Agreement

5.6.1 Annex B(1) to the SPS Agreement

5.6.1.1 Introduction

5.6.1.2 The Panel's findings.

5.6.1.3 Annex B(1) to the SPS Agreement: "in such a manner as to enable interested Members to become acquainted with them

5.6.1.4 Whether the Panel erred in its interpretation of Annex B(1) to the SPS Agreement

5.6.1.5 Whether the Panel erred in its application of Annex B(1) to the SPS Agreement and acted inconsistently with Article 11 of the DSU

5.6.1.5.1 Application of Annex B(1) to the SPS Agreement

5.6.1.5.1.1 Blanket import ban

5.6.1.5.1.2 2011 and 2013 additional testing requirements

5.6.1.5.1.3 All measures - accessibility of the press releases

5.6.1.5.2 Article 11 of the DSU

5.6.1.6 Conclusion

5.6.2 Annex B(3) to the SPS Agreement

5.6.2.1 Introduction

5.6.2.2 The Panel's findings

5.6.2.3 Whether the Panel erred in finding that Korea acted inconsistently with Annex B(3) to the SPS Agreement

5.6.2.4 Conclusion

5.7 Article 8 and Annex C(1)(a) to the SPS Agreement

5.7.1 Introduction

5.7.2 The Panel's findings

5.7.3 Whether the Panel erred under Annex C(1)(a) to the SPS Agreement in declining to presume likeness

5.7.4 Conclusion

6. FINDINGS AND CONCLUSIONS

6.1 Article 5.6 of the SPS Agreement

6.2 Article 2.3 of the SPS Agreement

6.3 Article 5.7 of the SPS Agreement

6.4 The Panel's Treatment of Evidence

6.5 The Panel's Expert Selection

6.6 Article 7 and Annex B(1) to the SPS Agreement

6.7 Article 7 and Annex B(3) to the SPS Agreement

6.8 Article 8 and Annex C(1)(a) to the SPS Agreement

6.9 Recommendation

ANNEX A

ANNEX A-1 KOREA'S NOTICE OF APPEAL

ANNEX A-2 JAPAN'S NOTICE OF OTHER APPEAL

ANNEX B

ANNEX B-1 EXECUTIVE SUMMARY OF KOREA'SAPPELLANT'S SUBMISSION

ANNEX B-2 EXECUTIVE SUMMARY OF JAPAN'S OTHER APPELLANT'S SUBMISSION

ANNEX B-3 EXECUTIVE SUMMARY OF JAPAN'S APPELLEE'S SUBMISSION

ANNEX B-4 EXECUTIVE SUMMARY OF KOREA'S APPELLEE'S SUBMISSION.

ANNEX C

ANNEX C-1 EXECUTIVE SUMMARY OF BRAZIL'S THIRD PARTICIPANT'S SUBMISSION

ANNEX C-2 EXECUTIVE SUMMARY OF THE EUROPEAN UNION'S THIRD PARTICIPANT'S SUBMISSION

ANNEX C-3 EXECUTIVE SUMMARY OF THE UNITED STATES' THIRD PARTICIPANT'S SUBMISSION

Report of the Panel

EXHIBITS FREQUENTLY REFERRED TO IN THIS REPORT

LIST OF RADIONUCLIDES

GLOSSARY OF SCIENTIFIC TERMS

1.1 Complaint by Japan

1.2 Panel Establishment and Composition

1.3 Panel Proceedings

1.3.1 General

1.3.2 Request for enhanced third-party rights

1.3.3 Consultation with experts and international organizations

1.3.3.1 Panel's decision to consult experts

1.3.3.2 Panel's selection of individual experts

1.3.3.3 Panel's questions to the individual experts and the international organizations

1.3.3.4 Panel meeting with the experts and the parties

2. FACTUAL ASPECTS

2.1 Radioactive Contamination of Food

2.2 The Health Risks from Exposure to Ionizing Radiation

2.3 International Response to Radioactive Contamination

2.3.1 The Codex Alimentarius Commission (Codex)

2.3.1.1 Codex guideline levels for radionuclides in foods contaminated following a nuclear or radiological emergency in CODEX STAN 193-1995

2.3.1.2 Potential revision of the Codex Radionuclide GLs

2.3.2 The United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR)

2.3.3 The International Commission on Radiological Protection (ICRP)

2.3.4 The International Atomic Energy Agency (IAEA)

2.4 The Fukushima Dai-ichi Nuclear Power Plant (FDNPP) Accident

2.5 Radioactive Contamination from the FDNPP

2.5.1 The initial release2.44 As noted above, the explosions in the

2.5.1.1 Releases to the atmosphere.

2.5.1.2 Releases to the ocean

2.5.1.3 Dispersion

2.5.1.3.1 Atmospheric dispersion

2.5.1.3.2 Ocean dispersion

2.5.2 Releases after the initial accident

2.5.3 Radioactive material still in the reactor

2.6 Japan's Response to the Effect of the FNDPP Accident on Food

2.7 Korea's Response to the FDNPP Accident

2.7.1 Pre-export certification requirements

2.7.2 At-the-border testing for every consignment

2.7.3 Testing for additional radionuclides

2.7.4 Expanded testing for additional radionuclides

2.7.5 Caesium-134 and caesium-137 threshold levels

2.7.6 Product-specific import bans

2.7.7 Blanket import ban

2.8 The Measures Japan Challenges

3. PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS

4. ARGUMENTS OF THE PARTIES

5. ARGUMENTS OF THE THIRD PARTIES

6. INTERIM REVIEW

6.1 The Purpose and Scope of Interim Review

6.2 Descriptive Part

6.3 Operation of Korea's Testing Requirements

6.4 Provisional Measures

6.5 Whether Korea's Measures Are More Trade Restrictive than Required

6.6 Non-Discrimination

6.7 Control, Inspection and Approval Procedures

6.8 Transparency Obligations

7. FINDINGS

7.1 Standard of Review

7.2 Burden of Proof

7.3 Order of Analysis

7.4 Whether Korea's Measures are SPS Measures

7.4.1 The objective(s) of the measures

7.4.2 Whether the measures directly or indirectly affect international trade

7.4.3 Conclusion

7.5 Operation of Korea's Testing Requirements

7.5.1 Pre-market testing

7.5.2 Point-of-sale testing

7.5.3 Levels required to trigger additional testing

7.5.4 The additional radionuclides tested for by the Korean authorities

7.5.5 Location of additional testing

7.6 Provisional Measures

7.6.1 Burden of proof under Article 5.7

7.6.2 Four requirements for the applicability of Article 5.7.

7.7 Whether Korea's Measures Are More Trade-Restrictive than Required

7.7.1 Whether testing for caesium with a 100 Bq/kg limit is "another measure

7.7.2 The temporal scope of Japan's claims

7.7.3 Technical and economic feasibility

7.7.4 Whether Japan's proposed alternative measure is significantly less trade restrictive than Korea's measures

7.7.5 Korea's ALOP

7.7.6 Japan's proposed alternative measure

7.7.6.1 Contaminants at issue

7.7.6.2 Levels of contaminants in Japanese food products

7.7.6.3 Extent of dietary exposure

7.7.6.4 Risk characterization

7.7.6.5 The level of protection achieved by Japan's proposed alternative measure

7.7.7 Comparison of the level of protection achieved by Japan's alternative measure and Korea's ALOP

7.7.8 Conclusion

7.8 Non-Discrimination

7.8.1 Whether identical or similar conditions prevail

7.8.1.1 Interpretation

7.8.1.2 What are the relevant conditions

7.8.1.3 Whether conditions are similar in food from Japan and of other origins

7.8.2 Whether Korea's measures discriminate between Japanese products and those of other Members

7.8.2.1 Import bans

7.8.2.2 Additional testing requirements

7.8.3 Whether the discrimination is arbitrary or unjustifiable

7.8.3.1 Import bans

7.8.3.2 Additional testing requirements

7.8.3.3 Whether Korea's import bans and the additional testing requirements constitute a disguised restriction on international trade

7.8.4 Conclusion

7.9 Control, Inspection and Approval Procedures

7.9.1 Whether Korea's additional testing requirements fall within the scope of Article 8 and Annex C

7.9.1.1 Any procedure

7.9.1.2 To check and ensure the fulfilment of sanitary or phytosanitary measures.

7.9.1.3 Whether Korea's additional testing requirements are procedures to check and ensure the fulfilment of SPS measures within the meaning of Article 8 and Annex C.

Notes:

Title from publisher's bibliographic system (viewed on 09 Apr 2021).

ISBN:

1-108-99883-6

1-108-99271-4

OCLC:

1293258145