This thesis does not contain other people's data, images, graphs or other information, unless specifically acknowledged as a source from other people. I would like to acknowledge the sponsor and inspiration of this thesis, Almighty God, without whom the success and completion of this thesis would not have been possible.
- BACKGROUND
- RATIONALE
- PURPOSE STATEMENT (AIMS AND OBJECTIVES)
- RESEARCH QUESTIONS
- LITERATURE REVIEW
- CONCEPTUAL OR THEORETICAL FRAMEWORK
- RESEARCH METHODOLOGY
The aim of this thesis is to assess the impact of SPS measures on the ability of developing countries to access the markets of developed countries. It is also important to analyze the effects of SPS measures specifically in relation to market access of developing countries to developed countries' markets.
INTRODUCTION
- The Multilateral Trading System (MTS)
- Principles underlying the MTS
One of the important questions to be answered is the extent to which the MTS meets the development needs of developing countries. The second fundamental principle on which the MTS is based is that of non-discrimination.
GATT
- History of the GATT
- GATT: The Origins- ‘From Havana to Marrakesh’
- The core of GATT
91 In support of the former statement, Bhala R argues that the AATT was more than a tariff reduction document. One reason that can be argued for the minimal participation of the developing countries in the MTS is that many developing countries had not yet become independent nation states by 1947 when the GATT was created.
THE GATT ROUNDS
- The early 5 Rounds: Geneva Round – Dillon Round
- The Geneva Round (1947)
- The Dillon Round (1960–1962)
- The Kennedy Round (1964–1967)
- The Tokyo Round (1973–79): ‘An initial attempt to reform the system’
- The Uruguay Round (1986–94)
- Evaluation of the GATT
217 Oatley (supra note 49) – In terms of Article 1(1) of the TRIPS Agreement, members were obliged to 'give effect to the provisions of the Agreement'. It is clear from the discussions in the circles, including the Uruguayan one, that the issue of agricultural liberalization was very problematic.
WTO
37 forum for member countries to address issues affecting their multilateral trade relations, as well as to oversee the implementation of trade agreements negotiated under UR.245 The WTO agreements mentioned above cover goods, services and intellectual property and those define the principles of liberalization as well as the permitted exceptions. 249 Hoekman (note 51 above) 8- See also Articles 2 and 3 of the Marrakesh Agreement Establishing the World Trade Organization. 38 international trade.255 These commitments reflect some of the principles underlying the MTS, namely market-based liberalism256 and non-discrimination in trade.257.
THE DOHA ROUND (2001- PRESENT)
- Doha Round and Market access
39 The DDA is committed to addressing the development needs of developing countries through an implementation decision.268 Implementation is for developing countries in a nutshell. The extent to which the needs of developing countries have been addressed in the MTS, and particularly in the Doha Round, can be seen in the round's extensive work program to improve aspects of the rules or the way they are implemented.278 Very much so. the meaning is that this is achieved at the request of developing countries.279. 40 domestic industries.280 As a result, this would lead to a significant further increase in market access and a reduction in trade-distorting support, and this applies equally to agricultural and industrial goods.281 Gurría argues that “the opening of markets, moreover, is in negotiations in Doha is one of the most important contributions that can be made to stimulate the world economy and enable all countries to benefit from global economic progress.”282 Such a step will benefit the development needs of developing countries.
THE BALI PACKAGE (2013- PRESENT)
Completing the Doha Round would help to avoid protectionist reactions to the current economic situation. 41 solution while there is a binding trade facilitation agreement'.287 One of the most important decisions, among others, that constitutes the core of the Bali Package is the Trade Facilitation Agreement (TF).288 The TF Agreement will be important in reducing trading costs, increasing transparency and providing technical assistance for development and LDCs for the implementation of the Agreement.289.
DEVELOPING COUNTRIES IN THE MULTILATERAL TRADING SYSTEM
Another important initiative intended to address the needs of developing countries is found in the WTO agreements. 300 An example of these provisions is Article 10 of the SPS Agreement which requires members to take special account of the needs of developing countries and LDCs in the preparation and application of SPS measures. 43 complaints brought by developing countries against developed countries may indicate that the needs of developing countries have not been effectively addressed by the MTS.
CONCLUSION
INTRODUCTION
- Market access and the SPS Agreement
The publication of the agreement served to regulate and guide the development and application of SPS measures. One of the central and underlying reasons for regulating the application of SPS measures is to minimize their adverse effects on trade. These include, in particular, hindering market access for developing countries.316 This occurs when SPS measures are applied in a way that may constitute arbitrary or unjustified discrimination between members.
BACKGROUND OF THE SPS AGREEMENT AND SPS MEASURES
- The underlying reasons for the formation of the SPS Agreement
The above discussion has emphasized that the SPS Agreement is designed to exclusively regulate the formulation, implementation and enforcement of SPS measures. For example, Article 1.5 of the TBT Agreement states that its provisions do not apply to SPS measures as defined in Annex A of the SPS Agreement. 343 In this regard, Article 7 of the SPS Agreement obliges "Members to notify changes in their SPS measures and provide information about them in accordance with the provisions of Annex B".
SCOPE AND APPLICATION OF THE AGREEMENT ON THE APPLICATION
Another requirement for the application of the SPS agreement, as provided for in the agreement, is that the measure in question "may directly or indirectly affect international trade".362 Therefore, if the measure has no trade effect, the agreement does not apply to it. . It can be argued that the second requirement is easy to meet.363 The reason for this claim is that any measure applied to imports can be said to affect international trade.364 Moreover, the relevant provision of the agreement365 only requires that the measure “ may affect international trade'. The fact that the measure in question can only affect international trade does not exclude the measure from the scope of the SPS Agreement.366.
THE EXTENT OF THE SPS AGREEMENT’S EFFECTIVENESS IN
52 implementation of SPS measures to minimize their negative effects on trade". places. As noted earlier, this question will be addressed by critically discussing the central provisions of the SPS Agreement, under the following sub-heading. Zarrilli argues that despite the concern that some SPS measures may be inconsistent with the SPS Agreement and unfairly impede the flow of trade and especially agricultural trade;.
MAIN AND CENTRAL PROVISIONS OF THE SPS AGREEMENT
- Right to take SPS measures (Art. 2.1)
- The goal of harmonisation (Art.3)
- Equivalence (Art. 4)
- Risk Analysis Obligations (Art. 5)
53 (b).372 It can be argued that the SPS Agreement has a wider scope than the GATT rules regarding the application of SPS measures.373. On the contrary, under the SPS Agreement, the complaining member must demonstrate that the measure is inconsistent with the rules of the SPS Agreement. Thirdly, Article 2 (3) of the SPS Agreement also functions as a basic limitation on a Member's sovereign right to introduce SPS measures.
OTHER SUBSTANTIVE PROVISIONS OF THE AGREEMENT
- Adaptation to regional conditions (Art. 6)
- Transparency and notification (Art. 7 & Annex B)
- Control, inspection and approval procedures (Art. 8 & Annex C)
- Technical co-operation and Special and Differential Treatment (Article 9 &10)
- Institutional and Procedural Provisions of the SPS Agreement
The SPS agreement also contains provisions aimed at implementing the agreement. Second, in accordance with Article 12(2), the Committee for Sanitary and Phytosanitary Measures must promote the use of international standards in member states.464 Third, the Committee for Sanitary and Phytosanitary Measures also has the obligation to review the operation and implementation of the SPS agreement every three years.465 . 465. Article 12(8) of the SPS Agreement – this obligation applied three years after the entry into force of the Agreement and, if necessary, even later.
CONCLUSION
It follows that developing countries experience more economic setbacks due to the unjustified use of SPS measures. It has been argued that developing countries face major difficulties in the implementation and enforcement of the SPS Agreement. More specifically, it will detail the specific impact of SPS measures imposed by the EU on the developing countries concerned.
- INTRODUCTION
- BACKGROUND
- CASE STUDY OF SOUTH AFRICA (SA) AND THE EU
- Background
- SOUTH AFRICAN CITRUS CASE
- CASE STUDY OF KENYA AND THE EU
- Background
- EU-KENYAN FISH IMPORTS BAN CASE
- IMPLICATIONS OF CURRENT EU SPS MEASURES ON KENYAN MARKET
- CRITICAL ANALYSIS OF EU SPS REQUIREMENTS AND PROBLEMS
- CONCLUSION
However, due to excessive compliance costs, SA's access to the EU market is unfairly restricted. 511 Affected developing countries include ACP (African Caribbean and Pacific) countries which have a long-standing trade relationship with the EU. Overall, Kenyan agricultural exports face four main challenges related to EU SPS requirements.
INTRODUCTION
FINDINGS
Developing countries, on the other hand, lack the required technical infrastructure and scientific understanding to challenge the basis of these standards. Moreover, the SPS requirements adopted and applied by developed countries are generally inconsistent with the prevailing production and/or marketing systems in developing countries.609 It was also noted that the increasing proliferation of private standards poses a major threat and difficulty to the developing countries. . On the contrary, developing countries insist on strict compliance with their demands to the letter.612.
RECOMENDATIONS
Determining whether private standards fall within the scope of the SPS Agreement will assist in the effective regulation of such standards. It is also recommended that developing countries effectively use bilateral agreements to negotiate the recognition of various sanitary and phytosanitary measures, as provided for in Article 4(2) of the Agreement on Sanitary and Phytosanitary Measures.627 It has been argued that countries participate in regional trade. Instead of the findings described above, it is recommended that effective technical assistance be provided to developing countries (as will be presented shortly) to increase their compliance with the sanitary and phytosanitary requirements of developed countries.
CONCLUSION
Shukla PS 'The crisis in the MTS: What needs to be done?' available at http://www.twnside.org.sg/title/mts.htm ACCESSED ON 3 APRIL 2014. WTO 'Current Issues: The Precautionary Principle' available at http://www.wto.org/english/tratop_e/sps_e /sps_agreement_cbt_e/c8s2p1_e.htm. WTO 'Doha Ministerial Declaration 14 November 2001' available at http://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_e.htm ACCESSED ON 28 OCTOBER 2014.
