한-일 수산물 분쟁 패널 판정에 따른 SPS협정 개정의 필요성

Abstract

Since the nuclear power plant disaster in 2011, Fukushima, Japan, South Korea has imposed a series of sanctions on Japanese fishery products that may be at risk of radioactive contamination. Japan filed a complaint with the WTO against South Korea for violating the SPS agreement, taking issue with South Korea’s ban on imports of Japanese fishery products. Although it was overturned, WTO exposed its unpredictable attribute during the panel decision. This study investigates and analyzes the causes of the disparity between the literal interpretation of WTO’s SPS provisions and the practical situations to which the member countries face. The unduly narrow interpretation of SPS provisions accounts for one of the main reasons for that disparity. Another main reason is the absence or lack of a proper methodology in applying scientism. Last but not least, WTO, as an international dispute settlement agency, misunderstood or distorted a prevalent view of judicial principles. It is essential to establish neutral and rational standards to restore the trust of member states and allow fair, free trade to prosper. This article suggests that the WTO should seek to amend SPS provisions to provide more reliable and predictable guidelines for future disputes.