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乌拉圭谈判所通过的《卫生和动植物检疫措施协议》(下称《SPS协议》)是成员方为国际货物贸易所制定的一个新协议。但在实践中,有些缔约方经常用于限制外国产品进入其市场,实行贸易保护主义,因此,如何正确地适用该协议是亟待解决的问题。本文从WTO争端解决机制受理的涉及《SPS协议》的案件出发,分析了《SPS协议》中的风险评估原则,并对我国如何正确地运用这一原则提出了自己的建议。
The Agreement on Sanitary and Phytosanitary Measures (“SPS Agreement”) adopted by Uruguay Negotiations is a new agreement made by member countries for the international trade in goods. However, in practice, some contracting parties are often used to restrict the entry of foreign products into their markets and implement trade protectionism. Therefore, how to apply this agreement correctly is an urgent issue to be solved. This article analyzes the principle of risk assessment in the “SPS Agreement” from the cases concerning the “SPS Agreement” accepted by the WTO Dispute Settlement Mechanism and puts forward my own proposals on how to apply this principle correctly.