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Synopsis and References of the Case

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Chapter Summary

This chapter focuses on a case called into question a certain Japanese fruit quarantine measure which, according to the United States, infringed various provisions of the WTO agreements and, in particular, the SPS Agreement. The Panel found the Japanese measure to be inconsistent with Articles 2.2, 5.7 and 5.6 of that Agreement, but in respect of some fruit only, the lack of sufficient evidence preventing it from extending this finding to the other categories concerned. Moreover, the Panel criticized Japan for not having fulfilled the transparency obligation in paragraph 1 of Annex B and Article 7 of the SPS Agreement. Although the Appellate Body report left the basis of the Panel’s decision intact, it did correct certain aspects of the Panel’s reasoning and provide a number of important clarifications not only with respect to the applicable law but also – as is now often the case-with respect to procedure.

Keywords: agricultural products; Japan; WTO



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