IDEAS home Printed from https://ideas.repec.org/a/gam/jsusta/v11y2019i7p1942-d219127.html
   My bibliography  Save this article

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

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2071-1050/11/7/1942/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2071-1050/11/7/1942/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Claudia Som & Lorenz Hilty & Andreas Köhler, 2009. "The Precautionary Principle as a Framework for a Sustainable Information Society," Journal of Business Ethics, Springer, vol. 85(3), pages 493-505, April.
    2. Alberto Alemanno, 2007. "Trade in Food: Regulatory and Judicial Approaches in the EC and the WTO," Post-Print hal-00638647, HAL.
    3. Andrew T. Guzman & Beth A. Simmons, 2005. "Power Plays and Capacity Constraints: The Selection of Defendants in World Trade Organization Disputes," The Journal of Legal Studies, University of Chicago Press, vol. 34(2), pages 557-598, June.
    4. World Commission on Environment and Development,, 1987. "Our Common Future," OUP Catalogue, Oxford University Press, number 9780192820808.
    5. Jonathon M. Harris, "undated". "Basic Principles of Sustainable Development," GDAE Working Papers 00-04, GDAE, Tufts University.
    6. Waldfogel, Joel, 1995. "The Selection Hypothesis and the Relationship between Trial and Plaintiff Victory," Journal of Political Economy, University of Chicago Press, vol. 103(2), pages 229-260, April.
    7. Martin Peterson, 2006. "The Precautionary Principle Is Incoherent," Risk Analysis, John Wiley & Sons, vol. 26(3), pages 595-601, June.
    8. Perez, Oren, 2007. "Anomalies at the precautionary kingdom: reflections on the GMO Panel's decision," World Trade Review, Cambridge University Press, vol. 6(2), pages 265-280, July.
    9. Kessler, Daniel & Meites, Thomas & Miller, Geoffrey P, 1996. "Explaining Deviations from the Fifty-Percent Rule: A Multimodal Approach to the Selection of Cases for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 25(1), pages 233-259, January.
    10. Jonathan B. Wiener & Michael D. Rogers, 2002. "Comparing precaution in the United States and Europe," Journal of Risk Research, Taylor & Francis Journals, vol. 5(4), pages 317-349, October.
    11. Lydgate, Emily Barrett, 2012. "Sustainable development in the WTO: from mutual supportiveness to balancing," World Trade Review, Cambridge University Press, vol. 11(4), pages 621-639, October.
    12. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    13. John Paterson, 2007. "Sustainable development, sustainable decisions and the precautionary principle," Natural Hazards: Journal of the International Society for the Prevention and Mitigation of Natural Hazards, Springer;International Society for the Prevention and Mitigation of Natural Hazards, vol. 42(3), pages 515-528, September.
    14. Harris, Jonathan M., 2000. "Basic Principles of Sustainable Development," Working Papers 15600, Tufts University, Global Development and Environment Institute.
    15. Anna Aseeva, 2018. "(Un)Sustainable Development(s) in International Economic Law: A Quest for Sustainability," Sustainability, MDPI, vol. 10(11), pages 1-30, November.
    16. Epps, Tracey, 2008. "Reconciling public opinion and WTO rules under the SPS Agreement," World Trade Review, Cambridge University Press, vol. 7(2), pages 359-392, April.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. 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.
    2. 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.
    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.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Isin Ceti̇n, 2017. "Accounting Requirements And Records On Bank Subscribed Capital Compliance With European Directives," Annals - Economy Series, Constantin Brancusi University, Faculty of Economics, vol. 1, pages 52-68, February.
    2. Berlemann, Michael & Christmann, Robin, 2019. "Determinants of in-court settlements: empirical evidence from a German trial court," Journal of Institutional Economics, Cambridge University Press, vol. 15(1), pages 143-162, February.
    3. Haitian Lu & Hongbo Pan & Chenying Zhang, 2015. "Political Connectedness and Court Outcomes: Evidence from Chinese Corporate Lawsuits," Journal of Law and Economics, University of Chicago Press, vol. 58(4).
    4. Álvaro Bustos & Pablo Bravo-Hurtado & Antonio Aninat, 2020. "The (Other) Effects of Restricting Access to Higher Courts: The Case of Wrongful Terminations in Labor Contracts in Chile," Documentos de Trabajo 534, Instituto de Economia. Pontificia Universidad Católica de Chile..
    5. Joni Hersch, 2006. "Demand for a Jury Trial and the Selection of Cases for Trial," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 119-142, January.
    6. Marco Grasso & Enzo Di Giulio, 2003. "Mapping sustainable development in a capability perspective," HEW 0309001, University Library of Munich, Germany.
    7. David S. Kaplan & Joyce Sadka & Jorge Luis Silva‐Mendez, 2008. "Litigation and Settlement: New Evidence from Labor Courts in Mexico," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 5(2), pages 309-350, June.
    8. Tareq O Bani-Khalid, 2019. "Corporate Sustainability Reporting: A longitudinal Analysis of its Evolutionary Pattern," International Journal of Academic Research in Accounting, Finance and Management Sciences, Human Resource Management Academic Research Society, International Journal of Academic Research in Accounting, Finance and Management Sciences, vol. 9(3), pages 17-23, July.
    9. Claudine Desrieux & Romain Espinosa, 2019. "Case selection and judicial decision-making: evidence from French labor courts," European Journal of Law and Economics, Springer, vol. 47(1), pages 57-88, February.
    10. Keith N. Hylton & Haizhen Lin, 2009. "Trial Selection Theory: A Unified Model," Working Papers 2009-06, Indiana University, Kelley School of Business, Department of Business Economics and Public Policy.
    11. Daniel P. Kessler & Daniel L. Rubinfeld, 2004. "Empirical Study of the Civil Justice System," NBER Working Papers 10825, National Bureau of Economic Research, Inc.
    12. Farmer, Amy & Pecorino, Paul & Stango, Victor, 2004. "The Causes of Bargaining Failure: Evidence from Major League Baseball," Journal of Law and Economics, University of Chicago Press, vol. 47(2), pages 543-568, October.
    13. Sorin-George Toma & Catalin Gradinaru, 2018. "Responsible Management For Sustainable Development: A Japanese Approach," Annals - Economy Series, Constantin Brancusi University, Faculty of Economics, vol. 3, pages 149-154, June.
    14. J.J. Prescott & Kathryn E. Spier & Albert Yoon, 2014. "Trial and Settlement: A Study of High-Low Agreements," NBER Working Papers 19873, National Bureau of Economic Research, Inc.
    15. J.J. Prescott & Kathryn E. Spier & Albert Yoon, 2014. "Trial and Settlement: A Study of High-Low Agreements," Journal of Law and Economics, University of Chicago Press, vol. 57(3), pages 699-746.
    16. Waldfogel, Joel, 1998. "Reconciling Asymmetric Information and Divergent Expectations Theories of Litigation," Journal of Law and Economics, University of Chicago Press, vol. 41(2), pages 451-476, October.
    17. Daniel Klerman & Yoon-Ho Alex Lee, 2014. "Inferences from Litigated Cases," The Journal of Legal Studies, University of Chicago Press, vol. 43(2), pages 209-248.
    18. Stefano Pareglio & Alessandro Vaglio & Marco Grasso & Stefania Migliavacca & Enzo Di Giulio, 2005. "Modelling sustainable human development in a capability perspective," Public Economics 0504008, University Library of Munich, Germany.
    19. Nguyen Thanh-Dat & Kifor Claudiu Vasile, 2015. "The Sustainability in a Quality Improvement Model," Balkan Region Conference on Engineering and Business Education, Sciendo, vol. 1(1), pages 1-9, November.
    20. Sulewski, Piotr & Kłoczko-Gajewska, Anna, 2018. "Relations between agri-environmental, economic and social dimensions of farm sustainability," 166th Seminar, August 30-31, 2018, Galway, West of Ireland 276202, European Association of Agricultural Economists.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jsusta:v:11:y:2019:i:7:p:1942-:d:219127. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.