Are Korea’s Import Bans on Japanese Foods Based on Scientific Principles? Comments on Reports of the Panel and the Appellate Body on Korean Import Bans and Testing and Certification Requirements for Radionuclides (WT/DS495)

Abstract

This study focuses on the dispute over Korea’s import bans and the additional testing and certification requirements for Japanese foods and analyses the relevant findings of the reports of the Panel and the Appellate Body of the World Trade Organisation’s dispute settlement mechanism (DSM). Although the Panel had found that Korea’s measures were inconsistent with the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), the Appellate Body reversed most of these findings. Korea notified that it had completed the implementation of the reports of the Panel and the Appellate Body. However, the DSM has failed to contribute in settling this dispute positively and meaningfully, since it remains uncertain whether Korea’s import bans are based on scientific principles. Furthermore, the Appellate Body failed to complete its legal analysis of the inconsistency of Korea’s measures based on fact-findings and the facts uncontested between both disputing parties.