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Sustainable Development in World Trade Law: Application of the Precautionary Principle in Korea-Radionuclides

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  • Yan Cai

    (Department of International Trade, College of Commerce, Chonbuk National University, Jeonju 54896, Korea)

  • Eunmi Kim

    (Department of International Trade, College of Commerce, Chonbuk National University, Jeonju 54896, Korea)

Abstract

Sustainable development (SD) is one of the objectives of the World Trade Organization (WTO), and in order to achieve SD, the precautionary principle (PP) is one of the most appropriate means that can be used. This study aims to explore whether the WTO promotes SD through its legal interpretation of the PP and to provide suggestions for realizing the balance between trade liberalization and sustainable development in the WTO. To this end, this study conducts a case analysis on the Korea-Import Bans, and Testing and Certification Requirements for Radionuclides (DS495) dispute from legal and political-economic perspectives, and finds that the WTO’s rigorous examinations of the four requirements presented in Article 5.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) remain a significant impediment for the incorporation of the PP into WTO jurisprudence, and can also cause systemic problems. This study suggests that efforts from three dimensions—the WTO adjudicating parties, the government, and the lobbying groups of importing countries—are required to promote SD in the WTO.

Suggested Citation

  • Yan Cai & Eunmi Kim, 2019. "Sustainable Development in World Trade Law: Application of the Precautionary Principle in Korea-Radionuclides," Sustainability, MDPI, vol. 11(7), pages 1-18, April.
    • Handle: RePEc:gam:jsusta:v:11:y:2019:i:7:p:1942-:d:219127
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    References listed on IDEAS

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    Cited by:

    1. Brewster, Rachel & Fischer, Carolyn, 2021. "Fishy SPS Measures? The WTO's Korea – Radionuclides Dispute," World Trade Review, Cambridge University Press, vol. 20(4), pages 524-532, October.
    2. Shyama V. Ramani & Mhamed-Ali El-Aroui, 2020. "On application of the precautionary principle to ban GMVs: an evolutionary model of new seed technology integration," Journal of Evolutionary Economics, Springer, vol. 30(4), pages 1243-1266, September.
    3. Alexandrina Mangău & Horațiu Vermeșan & Sanda Pădurețu & Andreea Hegyi, 2022. "An Incursion into Actuality: Addressing the Precautionary Principle in the Context of the Circular Economy," Sustainability, MDPI, vol. 14(16), pages 1-21, August.

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