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Related Experiment Videos

Approaches to resolving trade disputes.

D W Wilson1, A B Thiermann

  • 1International Trade Department, OIE (Word organisation for animal health), 12 rue de Prony, 75017 Paris, France.

Revue Scientifique Et Technique (International Office of Epizootics)
|May 12, 2005
PubMed
Summary

Member Countries of the World Organisation for Animal Health (OIE) can resolve animal health trade disputes using WTO SPS Agreement provisions. Options range from bilateral talks to formal WTO dispute settlement, each with pros and cons.

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Area of Science:

  • International Trade Law
  • Veterinary Policy
  • Animal Health Regulations

Background:

  • Member Countries of the World Organisation for Animal Health (OIE) face challenges in setting import health measures for animals and animal products.
  • The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) governs these measures.
  • Potential conflicts arise from issues like equivalence and the use of provisional measures in import regulations.

Purpose of the Study:

  • To outline the rights and obligations of OIE Member Countries regarding import health measures under the WTO SPS Agreement.
  • To explore various dispute resolution mechanisms available to OIE Member Countries for trade-related animal health issues.
  • To analyze the advantages and disadvantages of different dispute settlement options.

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Main Methods:

  • Review of the WTO SPS Agreement provisions relevant to animal health standards.
  • Analysis of OIE standards and their application in setting import measures.
  • Examination of dispute resolution pathways, including bilateral discussions, OIE mediation, WTO SPS Committee, and formal WTO dispute settlement.

Main Results:

  • OIE standards can inform import measures, but issues like equivalence and provisional measures present potential conflict points.
  • Several dispute resolution options exist, including direct negotiation, OIE-facilitated mediation, and WTO processes.
  • Each dispute resolution method offers distinct advantages and disadvantages for Member Countries.

Conclusions:

  • OIE Member Countries have a framework for managing import health measures guided by international standards.
  • A spectrum of dispute resolution tools is available, allowing countries to choose appropriate strategies for trade conflicts.
  • Understanding these options is crucial for effectively navigating international trade in animals and animal products.