Discuss about the Legal Aspect of International Trade and Enterprise.
The case law of Canada v. Australia- measures affecting the importation of Salmon included the complainant party from Canada while the respondent party from Australia under the agreement of SPS Arts 5.1, 5.5 and 5.6. The case involves the issue of prohibition on import of several salmon from Canada for the products including Canadian salmon that were fresh or frozen ocean. The complaint was made by Canada to the “World Trade Organization” for the restrictions on importing the Canadian salmon fish determining the agreement on “Application of Sanitary and Phytosanitary Measures”. The complainant argued that the import of salmon by Australia was against the agreement of SPS and articles under “General Agreement on Tariffs and Trade (GATT)”. The major reason for imposing the ban on importing the salmon from Canada was to prevent the entry of prospect disease due to non-fresh products or the products that had been treated by smoke or heat. Canada contended that the product of salmon fish that are fresh and therefore cannot be claimed as unsafe or unhealthy for the consumption whereas Australia contended that the ban was imposed for health concerns.
The case includes the articles of SPS 5.1 for the purpose of “risk assessment” that requires the processes carried by the members should be correct and healthy. It specifies the members should ensure the appropriateness of the measures, healthy techniques for the process of products meant for human consumption. The case also includes the rules on article 5.5 for “prohibition on discrimination and concealed restriction on international trade”. The members should ensure the economic and technical feasibility for the purpose of safety and healthy procedures in connection to the international trade. It is the responsibility of the members to conduct the international trade with the safety measures and requires to assess the potential risk that might affect the economy, industry as well as human health. Additionally, the case involves the article 5.6 considering the proper level of protection for the technical procedures within the reasonable time. The members or organizations are required to follow the proper norms of the procedures and rules to conduct the international trade especially for the import or export of the food and crops products. It should be ensured that the measures for trading in food products or crops for consumption of society should follow the corrective and safety measures.
The concerned case was conducted between Canada and Australia for the assessment of the measures that affected the imports of salmon products in Australia. Considering the rules and measures of article 5 on the application of international trade, it is essential to comply the requirements with respect to the safety and correctness. The panel constituting the case of Canada and Australia was required to examine the risk assessment in conducting the trade of salmon within the different regions (Rogachev, Mazaeva and Egorova 2015). The panel was constituted to find the analysis on the reasons for delay in implementing the required measures and recommendation of DSB concerning the procedures and timing of undertaking the products. In case of salmon products, Australia was supposed to meet the sanitary measures since the product was meant for human consumption. The panel was constituted to form the analysis on the violation of the rules under articles 5 of SPS Agreement for observing the reasonability of the prohibition on import of the salmon fish.
The articles on the agreement of SPS are applicable on the case of Canada and Australia because the measures on import and export of salmon require the compliance of articled rules. Article 5.1 of the agreement requires the organizational members to follow the sanitary measures for the products that are imported so that any kind of disease does not enter in the region. The panel was supposed to assess the evidences for proper application of the articled norms and measures for conducting the import procedures. The application of the articles and rules in case of salmon trade between Canada and Australia because the product of salmon was contended to be unhealthy and unsafe. It is important to follow the circumstances on international trade considering the hygienic food materials including salmon products (Patnaik 2015). Canada contended that their products did not contain any unhygienic elements and are not unsafe or prone to disease for the consumption in Australia. It was important to analyze the technical procedures for the products to be imported from other countries with respect to the protection of the society and communities. The articles require the companies or organizational members of WTO to conduct the international trade for the benefits of the country’s economy as well as the market industry so the society is able to consume the best and healthy products.
Considering the first part of the article, it can be interpreted that the Australia had violated the rules for the purpose of risk assessment for the salmon product. Australia was required to conduct the measures for importing the products as “customer ready” because the prohibition on importing the product in Australia was required to be assessed. It was assessed that the import of salmon product by Australia was not in consistent with the agreement of “Sanitary and Phytosanitary Measures (SPS)” (Olper, Curzi and Raimondi 2015). As per the agreement, it is significant to conduct the importing procedures of salmon by examining its quality by following the justified treatment of international trade. Another important measure required to analyze the reasons for prohibition on the International Trade to protect the human consumption for the food and crops. It is essential to analyze the import measures of salmon because in case the unhealthy products are entered with the disease prone it would affect the health of the society. The import procedures for the salmon product in Australia should be consistent with the regulations of article 5 with respect to the level of protection. The members of the “World Trade Organization” are required to consider the consistency for the feasibility of economic measures as well as the alternative measures to resolve the prohibition on the international trade.
It is important to measure the level of protection to the society with the process of international trade of salmon since it was observed that the Canadian salmon was unhealthy and unsafe. It had been observed that the procedure conducted to the salmon product was not as per the appropriate measures as specified in the articles with respect to the packaging and usage of the products. It was observed by the panel that Australia had failed to implement the required measures for the safety measures as mentioned in the SPS agreement, as the requirement was to ensure the safety and sanitary measures (Schoder et al. 2015). Further, the panel interpreted that Australia’s import of salmon product from Canada was inconsistent in certain terms for performing the activities in reasonable time and manner. It had been analyzed that Australia was required to find and examine the alternative measures for providing level of protection with the import of salmon product. It had been analyzed that the salmon of Canada were untreated and observed to carry the diseases harmful for the consumption of the society therefore; the ban on its import was imposed on the countries. The panel also measured the enactment considering the Tasmania Government for the importation of salmon from Canada on the basis of the risk assessment as well as the agreement of SPS.
However, it was observed in the further examination that the import of salmon products in Australia was in accordance with the procedures specified in the articles for the protection of the human consumption. As per the requirement of the article related to the assessment of international trading procedures it has been observed that the panel could not measure the complete analysis due to lack of facts and findings. Considering the other requirements of the article, it is important to inspect and examine the fish and fish products for measuring the safety due to artificial means (Akoto, Oppong-Otoo and Osei-Fosu 2015). It was analyzed that Australia had extended the allocated time to implement the reasonable measures for the specified products and the period of time for maintaining the sanitary issues concerned to the food products. As per the requirement of the articles on international trade, organizations are required to commence the assessment for the protection of community in terms of health issues. It requires the products to be examined and tested to ensure its quality and freshness so that the consumption of such products does not harm the society. The articles also required to measure the technical, economical and industrial feasibility for conducting the beneficial procedures for importing the food products. Accordingly, Australia was required to conduct such measures for the purpose of importing fish products as it was meant to consume by the society and it has been observed that the Canadian salmon was disease prone.
It was further noticed that articles 5.6 requires to measure the level of protection for the purpose of international trade that was required to be justified scientifically. The restriction was imposed on the import of the product to ensure the safety issues and health issues of the community. It was required by the articles to analyze and evaluate the alternative assessments to avoid the restrictions on the international trade that would be beneficial for the society, industry as well as for the economy (Doyle et al. 2015).
Conclusion
Considering the requirements of the articles regarding international trade it had been observed by the panel that Australia failed to comply with the regulations of the articles with respect to the risk assessment. Australia was also found to be inconsistent with the rules of protection level as per the requirement of the article 5 as well as concerning the disguised restrictions for import of salmon from Canada. Since the articles require appropriate assessment of risk for the import procedures concerning the benefit and safety of food products for the society’s consumption. Further, it was noted that Australia did follow such measures to ensure the international trade for Canadian salmon would carry the infected disease and cause harm to the community on the grounds of health factors. It was further observed by the panel that the compliant made by Canada was justified as the respondent did follow the corrective and responsive measures to for the technical feasibility for the benefits of the society.
It was contended by the panel that the respondent did not follow the corrective and additional measures to secure the protection of the international trade for the fish products. As the salmon fish production for the purpose of consumers’ consumption was conducted by artificial procedures like smoking it was required to examine and evaluate the safety measures. In addition to this, Australia was required to perform the assessments of risk and other legal procedures within the reasonable time which it did not follow. It was found that Australia delayed the implementation of assessing measures for evaluating economical as well as health feasibility to protect the benefits of the society. For the purpose of conducting international trade it is essential to ensure the protective level especially for the food and crops that are meant for the human consumption. Any product if carries infected disease should not be imported in the region as it constitutes the harm to the society therefore, the ban on importing the salmon from Canada was imposed. However, it was concluded that the agreement on SPS should be adhered by the regions and organizations for monitoring the assessment on the procedures for importing the food products. It was essential for Australia to assess the risk on frozen, fresh, non- frozen salmon to determine the safety of its consumption in the importing region. Further, the panel concluded that considering the evidences, it was observed that Australia did not follow the necessary measures within the reasonable time required to carry the import of salmon product. Hence, the complainant i.e. Canada was allowed to monitor the requirements and implementation of the SPS agreement and article 5.
Reference List
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