试从中美禽肉案探讨中国应对SPS壁垒方法.pdfVIP

实证研究分析，提出了三个我国关于《SPS 协定》立法方面的缺陷。整个部分通过分析 挖掘我国在立法和应诉实践方面的问题，强调了未雨绸缪的SPS 制度建设对于应对SPS 壁垒的重要性。第五部分是本文通过案例分析总结的应对SPS 措施的方法，一方面应当 继续履行开放承诺加强与其他国家合作以创造双赢局面，另一方面应当在日常工作建设 中加强我国自身的SPS 立法制度建设，合理完善管理机构的设置，重视对国外立法的追 踪，善于利用协定，有理有利有节地采取风险防范措施。 关键词：《SPS 协定》；SPS 措施；SPS 壁垒的应对策略 2 Abstract With the promotion of international trade liberalization process, problems derived from implementation of the animal and plant inspection and quarantine system have become increasingly prominent in recent years. Some countries, especially some developed countries often make use of the animal and plant inspection and quarantine system to establish non-tariff barriers to hinder the enter port of agricultural products to the domestic market from developing countries. Compared to the traditional tariff barriers, the non-tariff barriers are often more subtle. Therefore, during the Uruguay Round negotiations, many WTO members proposed the development of normative regulations for the animal and plant inspection and quarantine measures. The Application of Sanitary and Phytosanitary Measures Agreement is an important international multilateral agreement formed during the negotiations in Uruguay Round. It makes strict and specific requirements on the implementation of animal and plant inspection and quarantine measures in international trade. It is also a product of the implementation of WTO principles into the work of the animal and plant inspection and quarantine. By clarifying the factors which should be considered in implementation of a SPS measure and emphasizing the principle that all of the animal and plant health protection measures should be based on accurate and objective data made on the basis of the