The legal problem posed is that measures applicable as aforesaid in Richland scope of any agreement (SPS or TBT)? These measures are in line with the provisions of the respective agreement or not?Based on the provisions of Paragraph b of article 1 Annex A, SPS, we can see the characteristics of the type of measures is to "protect the health, human life within the territory of the Member State from the dangers arising from pollutants, toxins in the food..." Go back to the measures which are to apply the given Richland method in organic farming. That is, do not use any type of chemical substance for all the fruits with the purpose of protecting human health. That pesticides and chemical fertilizers is using chemical methods. We must also admit that, when humans eat fruitThese substances can have toxins that affect human health. Therefore, this measure consistent with Paragraph b, article 1, annex A, SPS, and will be identified as an SPS measure.Besides, Newland is the country's main exports are fruit and its main market this is the Richland. Due to poor natural conditions should preference to cost-effective cultivation, Newland must use the methods of chemistry. When Richland regulation on Newland, has suffered serious losses. It is clear that measures Richand launched has created a certain trade restrictions against Newland. From two causes, can conclude that the measures prescribed all recommended fruits, sold at Richland to be grown according to organic methods in the scope of the SPS. Due to this measure in the SPS should not look to the terms of an INTERNATIONAL TREATY with it.
đang được dịch, vui lòng đợi..