The paper "Whether Australia’ s Measures Are Likely to Satisfy the Requirements of the GATT and SPS Agreements" is a perfect example of a business assignment. Based on scientific findings by the Department of Agriculture on some consignments of fish farmed in Vietnam, the Australian government establishes intolerable residues of antibiotics in the fish. Vietnamese government seeks to make WTO complaint. This paper examines whether Australia’ s measures are likely to satisfy the requirements of the SPS and GATT agreements. Central issue The central legal issue is: Can the ban on imports of fish from Vietnam by Australia satisfy the requirements of the SPS and GATT agreements? Legal Issues and Arguments Problem Solving of an underlying issue Australia needs to ensure that the sanitary and phytosanitary measures to restrict the importation of Vietnamese fish fall within the SPS agreement and international standards.
Still, if the measures do not fall within the international standards, then they should fall within the requirements of scientific evidence. And, if the sanitary and phytosanitary measures are not based on scientific principles, then they should be based on precautionary principles. Trade barriers seeking protection of animal and plant life are protected by the SPS (Sanitary and Phytosanitary) Agreement within “ Annex 1a of the WTO Agreement” .
The objective of the agreement is summarised by paragraph one in the preface of the Agreement, which reaffirms that no Member should be restricted from implementing or imposing measures requisite for protection of animal, human, health, and plant life, conditional on the prerequisite that such measures are applied in a way that does not amount to a means of unjustifiable or uninformed discrimination between the Member states, where the similar conditions exist.
Hence, the objective of the Australian government should be seen to be aimed to protect animal, plant and human health and life. At the same time, the measures to restrict fish from Vietnam should be viewed to maintain the protection should not be arbitrary or unjustifiable.
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