韓国の日本の水産物輸入禁止について

http://www.fao.org/crisis/27242-0bfef658358a6ed53980a5eb5c80685ef.pdf

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http://www.rieti.go.jp/jp/about/Highlight_29/RH29_14.pdf

• An Economic Theory of the - SPS Agreement
  JINJI Naoto Kyoto University
  RIETI Discussion Paper Serise E9-09-033９ページ後半
  http://www.rieti.go.jp/jp/publications/dp/09e033.pdf
  2.2 The SPS Agreement
  The SPS Agreement was negotiated during the Uruguay Round and entered into force in
  January 1995. It created new WTO disciplines on permissible trade-restricting measures
  related to protection of human, animal, and plant life or health from risks.6 The Technical
  Barriers to Trade Agreement (TBT Agreement) of the WTO also contains language that
  refers to protection of human health and the environment. The TBT Agreement covers
  “all technical regulations and conformity assessment procedures,” (Roberts, 1998: 383)
  except for SPS measures defined by the SPS Agreement. “The objective of a measure is
  thus crucial to the determination whether it is subject to the disciplines in the TBT or
  SPS Agreement” (Roberts, 1998: 383).
  The main provisions of the SPS Agreement are as follows. Article 2 (Basic Rights
  and Obligations) claims that members have the right to take SPS measures necessary
  for the protection of human, animal, or plant life or health and stipulates that any SPS
  measure shall be “applied only to the extent necessary” to the protection, “based on
  scientific principles” and “not maintained without sufficient scientific evidence” (Article
  2.2).
  Article 3 (Harmonization) states that members are encouraged to base their SPS
  measures on international standards, where they exist (Article 3.1).7 SPS measures
  which conform to international standards “shall be deemed to be necessary to protect
  human, animal, or plant life and health, and presumed to be consistent with the relevant
  provisions” (Article 3.2) of the SPS Agreement and of GATT 1994. However, members
  can adopt a measure to provide a higher level of SPS protection than that provided by
  an existing international standard “if there is a scientific justification” (Article 3.3).
  Article 4 (Equivalence) states that an importing country must recognize an SPS
  measure, which differs from its own, as equivalent to its own if the exporting country’s
  measure provides the same level of SPS protection.
  Article 5 (Assessment of Risk and Appropriate Level of SPS Protection) requires
  that any SPS measures be based on a risk assessment, taking into account “risk
  assessment techniques developed by the relevant international organizations” (Article
  5.1); Article 5.5 requires internal consistency in ALOP, avoiding “arbitrary or
  unjustifiable distinctions in the levels it considers to be appropriate in different situations,
  if such distinctions result in discrimination or a disguised restriction on international
  trade”; Article 5.6 stipulates that SPS measures are “not more trade-restrictive than
  required” to achieve their ALOP; Article 5.7 states that “if relevant scientific evidence
  is insufficient,” members may adopt SPS measures on a provisional basis.
  Article 7 (Transparency) and Annex B state that members are obliged to ensure that
  all SPS measures, and proposals for change, are notified in a transparent manner and
  to establish a single national enquiry point which is “responsible for the provision of
  answers to all reasonable questions from interested Members.”