通过“WTO争端解决机制”应对日本“一律标准”的可行性分析

The Feasibility Analysis of Countermeasures against the Uniform Limit in Japan through WTO Dispute Settlement Mechanism

摘要:

无论从理论上还是他国的实践上，WTO成员可以通过WTO争端解决机制应对不利于本国的技术贸易措施。日本农业化学品残留新制度“肯定列表制度”中的“一律标准”已经对我国农产品出口日本造成了极大阻碍。因此，本文根据“一律标准”违反《SPS协议》条款的情况，分析通过WTO争端解决机制，对日本“一律标准”采取诉讼措施的可行性。研究结果表明，采用WTO诉讼程序应对“一律标准”将会是一种有益的尝试。

Abstract:

Any WTO member can use countermeasures against those adverse technical trade measures through the dispute settlement mechanism not only in theory but also according to the past experiences of other countries. The Uniform Limit from the current agricultural chemical residue system in Japan, the Positive List System, has already hindered the export trade of agricultural product from China to Japan greatly. Thus in this paper, analysis of the feasibility of the legal proceeding against the Uniform Limit through WTO dispute settlement mechanism was given according to the evidences of violation against SPS Agreement articles. It was indicated that the countermeasure on the Uniform Limit through WTO legal proceeding would be a useful attempt.