SPS협정 제6조의 해석

Abstract

Purpose - The purpose of this study is, in case of an outbreak of pest or disease in areas within Members territories, to identify the requirements and procedures for legitimate import regulation according to sanitary or phytosanitary characteristics of a region, including the concept of a pest- or disease-free areas and a low pest or disease prevalence, through the interpretation of Article 6 of the SPS Agreement.
 Design/Methodology/Approach - This study analyzed the Panel and the Appellate Body reports on three dispute cases related to Article 6 of the SPS Agreement(India Agricultural Products case, US Animal case and Russia Pig case).
 Findings - The most important obligation in the interpretation of Article 6 of the SPS Agreement is to ensure that Members adapt their SPS measures to the SPS characteristics of the area from which the product originated and to which the product is destined, and the remainder of this Article sets out in detail the obligations of such Member States. and prescribes the respective obligations applicable to the relevant importing and exporting Members.
 Research Implications - Article 6 of the SPS Agreement requires that WTO members take appropriate measures according to the regional characteristics of the area of origin and destination, rather than prohibiting the import of product related to outbreak of pest or disease in areas within Members territories.