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Distrust and Barriers to International Trade in Food Products: An Analysis of the US — Poultry Dispute

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  • Christophe Charlier

Abstract

The US - Poultry dispute arbitrated by the WTO, opposing China to the US, was raised by the US decision to stop equivalence regime procedures for Chinese poultry. The Panel found that this decision was not compatible with the SPS Agreement's exigencies requiring a risk assessment centered on the Chinese poultry products, and contradicted MFN obligation of the GATT 1994 Agreement. The possibility that the reasoning of the Panel in this dispute was based on the reasoning developed in earlier SPS cases suggests that this dispute doesn't provide new perspectives for SPS cases. However, considering the dispute in the context of a trust game, this paper argues that the US - Poultry case is original. It provides an interpretation showing that a risk assessment focusing on the social and institutional conditions of the implementation of a country's safety regulation should be considered a proper way to defend impeding a national equivalence regime. This conclusion is reinforced by the economic analysis of MFN treatment in the dispute.

Suggested Citation

  • Christophe Charlier, 2012. "Distrust and Barriers to International Trade in Food Products: An Analysis of the US — Poultry Dispute," GREDEG Working Papers 2012-02, Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), Université Côte d'Azur, France, revised Nov 2013.
    • Handle: RePEc:gre:wpaper:2012-02
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    File URL: http://195.220.190.85/GREDEG-WP-2012-02.pdf
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    References listed on IDEAS

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    Cited by:

    1. Duy Vu, 2018. "Reasons not to Exit? A Survey of the Effectiveness and Spillover Effects of International Investment Arbitration," GREDEG Working Papers 2018-35, Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), Université Côte d'Azur, France.
    2. Duy Vu, 2019. "Reasons not to exit? A survey of the effectiveness and spillover effects of international investment arbitration," European Journal of Law and Economics, Springer, vol. 47(2), pages 291-319, April.
    3. Annalisa Zezza & Federica Demaria & Maria Rosaria Pupo d'Andrea & Jo Swinnen & Giulia Meloni & Senne Vandevelde & Alessandro Olper & Daniele Curzi & Valentina Raimondi & Sophie Drogue, 2018. "Research for AGRI Committee - Agricultural trade: assessing reciprocity of standards," Working Papers hal-02787948, HAL.

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    More about this item

    Keywords

    WTO; SPS Agreement; MFN; Non-tariff Barrier to trade; Product safety; China.;
    All these keywords.

    JEL classification:

    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
    • F59 - International Economics - - International Relations, National Security, and International Political Economy - - - Other
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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