Japan-measures affecting agricultural products: lessons for future SPS and agricultural trade disputes

摘要

In recent years, the issue of compliance with international obligations has attracted the attention of international legal scholars. Commentators in the international trade area in particular have begun to focus on compliance problems associated with the World Trade Organization's (WTO) dispute settlement system, particularly with respect to its procedural aspects. Evidence suggests that the WTO dispute settlement system has been very effective in resolving disputes, as 48 of 103 resolved cases through 2000 were settled without panel procedures.4 However, the record of compliance with the recommendations of panels and the Appellate Body is not perfect. For example, parties long delayed the implementation of recommendations in three important cases: the Beef Hormones case, the Beef Hormones case, the Bananas case, and the Brazil Aircraft case. Some commentators have suggested that these refusals to comply with Dispute Settlement Body (DSB) recommendations threaten its legitimacy, thus arguably weakening the entire WTO system. As of this writing, the Beef Hormones and Bananas cases have been resolved yet the Canada-Brazil Aircraft dispute remains open. The lengthy delay in resolving these three cases and the heightened international tensions resulting therefrom demonstrate the need to reexamine the WTO's retaliation-based enforcement mechanism and, if possible, to augment or improve it.