Purpose - Korea—Radionuclides (Japan) Case concerns Korea’s imposition of import bans and additional testing and certification requirements for radionuclide content following the Fukushima Dai-ichi Nuclear Power Plant accident. Japan challenged Korea’s measures as being inconsistent with provisions of the Sanitary and Phytosanitary (SPS) Agreement relative to: discrimination, more trade restrictive than required, transparency, and SPS approval procedures.
The purpose of this study is to review some major legal issue of Korea—Radionuclides (Japan) Case.
Design/methodology/approach - This study analyzes the Panel and the Appellate Body report on Korea—Radionuclides (Japan) Case, specifically, some major legal issue involving certain article 2(3), 5(6), 5(7) of the SPS Agreement.
Findings - The Panel found that the Korea’s measures were inconsistent with Korea’s obligations under Articles 2(3) and 5(6) of the SPS Agreement and determined that Korea had not shown that these measures fall within the scope of Article 5(7) of the SPS Agreement.
But the Appellate Body reversed the Panel’s finding on Article 2(3), 5(6) and 5(7).
Research implications or Originality - The Appeal Body’s finding dose not support a conclusion that Korea’s measures are consistent with the SPS Agreement. In preparation for Japanese additional challenge in accordance with change in the situation, this study suggests some legal countermeasures.