Chinas SPS & TBT Measures and its Consistency with International Trade Regime: Focusing on Food Import Restriction

Abstract

Since its accession to the WTO in 2001, China has actively made the use of sanitary and phytosanitary measures and technical barriers to trade in the WTO system. Among Chinas SPS measures on food importation, 29 Specific Trade Concerns have been raised so far

food safety accounted a majority by recording 14 STCs, and animal health, plant health and other concerns followed accounting for 11, 3 and 1 STCs respectively. Scientific justification and regionalization concerns have occupied the largest portion for members criticism. This paper examines Chinas regulations and their consistency with the WTO SPS and TBT Agreement based upon two previous Panel reports and standards of relevant international organizations to suggest that China has been uncooperative in solving food import restriction issues. Furthermore, it proposes two strategic decisions for dealing with these matters. First, it advocates the use of collective litigation in the WTO dispute settlement system, for they have proved to be effective in previous disputes. Second, specific chapters seem to be necessary to promote objectives of both agreements through detailed mechanism.