WTO/SPS 분쟁사례연구

Review of the Salmon Quarantine Dispute between Australia and Canada

This study focuses on the quarantine dispute between Australia and Canada regarding salmon. Major issues on the dispute were rights and obligations(Article 2), harmonization(Article 3), risk management or consistency(Article 5). Dispute Settlement Body concluded that Australia s violation of Articles 5.1 and 2.2 but nonviolation of Articles 5.5 and 2.3. During the dispute settlement, some concepts have been cleared related to SPS, e.g., scientific facts needs to be provided by the claiming party, likelihood is a concept of probability but potential possibility is not, and cost/benefit concept is not a major factor affecting the dispute and the panel conclusion depends much on scientific facts. Korea needs to develop SPS system through investment, fostering SPS scientists, and strengthening risk management area.