Week-06 Individual Project

Week-06 Individual Project

Introduction

The government of Australia has removed the ban on importing apples from New Zealand. This removal was the dictation of WTO report on the dispute. In this report, the body of apple import clearly identified the sensitive issue regarding the ways WTO dispute settlement should have balance for respect and thoroughness in the review of risk assessment of government. The agreement of world trade organization on the sanitary and phytosanitary measures needs the members of WTO to carry out risk assessment whiles the introduction of phytosanitary or sanitary measures. In world trade organization conflicts over sanitary or phytosanitary measures, the competence of assessment of risk is a central problem. Excessively respectful standards may allow the members to get involved in protectionism under the pretext of safety. However, excessive restricted standards could result in panel of WTO and apple body to alternate their own verdict for the domestic policymakers. In this paper we will examine the legal issues of the case. Moreover, this paper will discuss the detailed report of the case.

Discussion

The complaint of New Zealand had been filed under the Agreement of WTO sanitary and Phytosanitary measures that are relevant to the regulation of manner in which the member states of world trade organization may have imposition of restrictions related to biosecurity and health on the goods imported. The case basically articulated that the sanitary or phytosanitary agreements are required to have such restrictions in order to provide objective justification with the scientific evidence. Following are the legal issues of the case:

Legal issues

It is the common comprehension that the banned was applied by Australian government on the imports of apples from New Zealand. This case occurred in 1921 and the issue was resolved in 2006. Subsequent to the decision of the case and following the assessment of risks from the agencies of Australian government and the review of Federal senate, the government of Australia has allowed New Zealand apples to be imported into the country but after the satisfaction of various stringent biosecurity measures. These measures were against 16 of those measures that the grievance of New Zealand was addressed. 14 of those measures were relevant to 3 different pests that are as follows:

Measures 1-8 were relevant to Fire Blight. It is a disease of a plant which is resulted by a bacterium that causes flowers, plants, and twigs and shoots to die or wither.

Measures 9-11 and 131 were relevant to the European canker. It is a disease of plant which is caused by a fungus that leads to limbers or cankers which can lead to rotten fruits.

Measure 14 was relevant to the issue of apple leaf curling midge. It is a small fly that are nourished by the young leaves of the apple tree that can cause leaf margins to curl or roll.

On the other hand, the government of New Zealand also put forward a challenge on three general measures that are relevant to the inspection and orchard operations, ...