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The implementation of the agreement on the application of sanitary and phytosanitary measures (SPS): the case of Malaysia


Shafiee, Yanti Ahmad and Yeon, Asmah Laili (2018) The implementation of the agreement on the application of sanitary and phytosanitary measures (SPS): the case of Malaysia. International Journal of Law, Government and Communication, 3 (13). pp. 71-80. ISSN 0128-1763

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Abstract

The objective of this study is to explore the application of the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) in Malaysia. This agreement is an environmental provision enforced by the WTO which allows members to invoke a trade measure that can protect human, animal or plant life, as long as such measure is necessary and will not discriminate among the members of the WTO. As a member of the WTO, Malaysia is compelled to apply and implement the terms of the SPS agreement. However, the ability to fully apply the terms of the said agreement need to be determined. In this study, the analysis will be on the role of the WTO in the trade and environment relationship, the application of the terms of the SPS agreement and the Malaysian government endeavor in applying the terms of the said agreement domestically. In order to analyse the application of the terms of the SPS agreement, it is necessary to look into the decision made by the WTO Dispute Settlement Panel in certain disputes which occurred due to the non-compliance of the said agreement. These disputes are European Communities - Measures Concerning Meat and Meat Products (Hormones), European Communities - Measures Affecting Asbestos and Products Containing Asbestos and European Communities - Measures Affecting the Approval and Marketing of Biotech Products. This paper could signify that there are an effort and determination by the Malaysian government in complying with the terms of the SPS agreement and that the effort may assist the government in finding balance in the trade and environment conflict.

Item Type: Article
Uncontrolled Keywords: International Economic Law, International Trade, Environment, Malaysia, Agreement on the Application of Sanitary and Phytosanitary Measures
Subjects: K Law > KZ Law of Nations
Divisions: School of Law
Depositing User: Mrs. Norazmilah Yaakub
Date Deposited: 29 Jan 2019 02:43
Last Modified: 29 Jan 2019 02:43
URI: http://repo.uum.edu.my/id/eprint/25506

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