A Study on the SPS Agreement and Korea-Radionuclides (Japan) (DS495)

Abstract

Purpose This paper analyzes the characteristics and main contents of the SPS Agreement, and analyzes the facts and legal issues of the Korea-Radionuclides(DS495) Case. Design/Methodology/Approach The Panel and Appellate Body reports were used to analyze cases related to radionuclides in Japan (DS495) in the WTO dispute. Findings In the case of the radionuclides dispute between Korea and Japan, the Panel judged that most of the issues raised by Korea were inconsistent with the SPS Agreement, but the Appellate Body reversed most of the panel’s decision Research Implications The DS495 dispute was the first case of radionuclides dealt with in the WTO, and was also recorded as an event in which the panel’s decision was reversed by the appellate body in the SPS Agreement. In addition, the appellate body made a decision limited to the panel’s legal issues and interpretation, and did not make a fact judgment on its own. In the end, this case provides important implications for understanding the rights and obligations of member states within the SPS Agreement.