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이태호 법무부 2002 통상법률 Vol.- No.43
Agreement on the Application of Sanitary and Phytosanitary Measures(SPS Agreement) was introduced into the WTO regime as a result of the Uruguay Round. Through the SPS Agreement the Members thought to reserve each country's right to implement sanitary or phytosanitary measures, while at the same time preventing those measures from being utilized as disguised trade barriers that could neutralize the outcomes of the Uruguay Round negotiations in the field of agricultural trade. So far ten cases have been brought up to the WTO dispute settlement system, and of those ten, three were decided by the panels and all three reached the Dispute Settlement Body for reviews. The current article examines the SPS Agreement's place in the scheme of entire WTO rules; overviews the rights and obligations of Members; and then goes on to offer detailed analysis of the three cases that were dissolved through the WTO dispute settlement system. The analysis is performed from three different aspects, namely an assessment of risk; a determination of appropriate level of a sanitary or phytosanitary measure; and finally an adaptation of a sanitary or phytosanitary measure, corresponding to the logical line of process that the Member follows through for the implementation of a certain sanitary or phytosanitary measure. Upon assessing the three disputes, the current article concludes that conformity with Article 3 and 4 of the SPS Agreement was at the core of all three disputes, and recommends as a matter of policy to give strong consideration in achieving the conformity of a given measure to Article 3 and 4.