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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

Food safety and international trade : international legal issues and challenges facing Chinese food exports

English Abstract

With the rapid development of international food trade, food safety is not merely a domestic issue, but transnational issue. Once food safety crisis breaks out in a country, the neighboring countries, even the countries worldwide could become involved. In recent years, food safety in China has been a focus at home as well as in the international community due to several food safety incidents. These food safety incidents have played great adverse impacts on Chinese food exports and caused huge losses. Taking this opportunity, the thesis examines relevant international norms relating to food safety and international trade, dominantly under the WTO framework and explores the challenges Chinese food exports are facing. In the beginning, by means of examining Article XX (b) GATT 1994 and the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) which are the most principal international norms regarding food safety, the thesis finds scientific evidence is the core concerning food safety and international trade. Through investigation of international system for food safety standards and the main elements of risk analysis, it is found that the spirit of scientific evidence is reflected by the encouragement of the adoption of international food safety standards which are established by the Codex Alimentarius Commission (The CAC) and the requirements of implementation of risk assessment. In addition, it finds when determining the adoption of a sanitary and phytosanitary measure, non-scientific factors such as trade liberalization, consumer concerns and precautionary principle should be taken into consideration by a member state in the risk management which is based on scientific risk assessment. In this context, after examining three cases of Chinese food exports which are pet food incident, milk melamine scandal and WTO US-Poultry (China) case, and investigating on the result of China in improving food safety, the thesis finds limitations and challenges in Chinese national food safety legal system and provides - 12 - some proposed solutions and suggestions. Based on these findings, the thesis concludes that poor and unsound domestic food safety circumstance is the radical reason for the impediment of Chinese food exports and provides recommendations on China’s response to foreign obstacles to Chinese food exports.

Issue date

2012.

Author

陳怡

Faculty

Faculty of Law

Degree

LL.M.

Subject

Food -- Safety measures -- China

Food law and legislation -- China

Food industry and trade -- China

Supervisor

Ramaswamy Muruga Perumal

Files In This Item

TOC & Abstract

Full-text (Intranet only)

Location
1/F Zone C
Library URL
991000936709706306