On the Food Safety Standard and Its Adequacy in WTO/SPS Agreement and Codex/Ractopamine

 

Title
On the Food Safety Standard and Its Adequacy in WTO/SPS Agreement and Codex/Ractopamine
Author
Wei-En Tan, Yao-Ming Hsu
Keywords
Codex Alimentarius Commission (Codex), International
Food Safety Standard, Non-Tariff Barriers, Ratopamine,
SPS Agreement
Abstract
Trade barriers should be eliminated or managed because they contradict or
weaken the value of trade liberalization. However, any promotions of liberalization
without limitations or restraints are doubtful. Considering a matter in this aspect,
this essay reviews the SPS Agreement and its Annex A which are both legal documents
regarding human health protection and food safety standards under the WTO
system. Meanwhile, this essay also inspects maximum residue limits (MRLs) for
the amount of the drug—Ractopamine—allowed in the tissues of animal, an international
standard made by the Codex, delegated by the SPS Agreement. By reviewing
the two documents above, this essay examines whether or not the WTO is excessive
or unjust to block trade barriers regarding human health protection and
food safety standards. Based on the historical background about the formation process of SPS Agreement and the practice of the Codex’s safety standards mentioned
in the SPS Agreement’s Annex A, this essay does not only point out the flaws in the
SPS Agreement, but also rebuts some hypotheses being a part of foundations of
international organizations from the Neoliberal Institutionalism perspective.
Abstract Article

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