PREVENTING RETALIATION IN TRADE BY HARMONIZING THE MEASURES

Abstract

Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show its compliance with international standard, or in case it has other standard that considered better than international standard China obliges to proof it's scientifically better and accepted. This paper argues that harmonization as a core principle found in the SPS Agreement should be considered by all states in enacting their national regulation on food safety.