SPS 분쟁 해결에 적용 가능한 심사기준의 정립 가능성

Applicability of Appropriate Standard of Review to SPS Disputes: Focusing on Australia-Apples Case

The problem of the applicable standard of review in sanitary and phytosanitary(SPS) disputes has recently become an important issue in the legal discussion. The standard of review may vary from de novo review to full deference. Under de novo review, a superior body is able to review all kinds of determinations made by an inferior body and substitute them with its own. A fully deferencial standard restricts reviewing powers of a superior body, which may only check the procedural compliance without interfering with the substantive determinations of lower body. On the international lever, the standard of review plays a similar function. It determines, alongside the substantive obligations, a distribution of powers between national governments and international bodies. Arising necessity of consistent standard of review since referring of 'standard of review' in EC-Hom10nes case, this paper will review provisions at issue in SPS disputes and then, examine tendency of standard of review which gradually changes. Finally, this paper will explore applicability of single standard of review through examining Australia-Apples, the latest SPS dispute.