Impact of the Sanitary and Phyto Sanitary Agreement on the Exports of Marine Products from India with Special Reference to Kerala

The present study examines the type of NTMs, especially the quality regulations and safety standards encountered by the marine product exports of Kerala in its major import markets of the EU, the US and Japan. An analysis of whether the safety and quality standards prescribed by these developed countries on the imported fish and fishery products are purely based on risk assessment and scientific evidence or are they erected as disguised barriers to trade is attempted

Impact of the Sanitary and Phyto Sanitary Agreement on the Exports of Marine Products from India with Special Reference to Kerala

Fish and fishery products are regarded as healthy foods and there has been a significant increase in their global trade. Besides that, trade liberalization policies, globalization of food systems and technological innovations have furthered the increase in international trade in fish and fishery products.Fish and fishery product exports have a significant place in the export basket of India. Export earnings of India from fishery products increased from ` 4 crores in 1960-61to ` 12901.47 crores in 2010-11(MPEDA, 2012). The share of export earnings from fish and fishery products as a percentage of total agricultural exports of India increased from a low of 1.76 percent in 1960-61 to a high of 25.06 percent in 1994-95. But its share declined to 16.60 percent in the following year. Though its share in agricultural exports of the country has declined since then, in 2010-11, marine product exports accounted for 9.61 percent of total agricultural exports of India representing a significant share.

Law and science: risk assessment and risk management in the WTO agreement on the application of sanitary and phytosanitary measures

Assessing and managing risks relating to the consumption of food stuffs for humans and to the environment has been one of the most complex legal issues in WTO law, ever since the Agreement on Sanitary and Phytosanitary Measures was adopted at the end of the Uruguay Round and entered into force in 1995. The problem was expounded in a number of cases. Panels and the Appellate Body adopted different philosophies in interpreting the agreement and the basic concept of risk assessment as defined in Annex A para. 4 of the Agreement. Risk assessment entails fundamental question on law and science. Different interpretations reflect different underlying perceptions of science and its relationship to the law. The present thesis supported by the Swiss National Research Foundation undertakes an in-depth analysis of these underlying perceptions. The author expounds the essence and differences of positivism and relativism in philosophy and natural sciences. He clarifies the relationship of fundamental concepts such as risk, hazards and probability. This investigation is a remarkable effort on the part of lawyer keen to learn more about the fundamentals based upon which the law – often unconsciously – is operated by the legal profession and the trade community. Based upon these insights, he turns to a critical assessment of jurisprudence both of panels and the Appellate Body. Extensively referring and discussing the literature, he deconstructs findings and decisions in light of implied and assumed underlying philosophies and perceptions as to the relationship of law and science, in particular in the field of food standards. Finding that both positivism and relativism does not provide adequate answers, the author turns critical rationalism and applies the methodologies of falsification developed by Karl R. Popper. Critical rationalism allows combining discourse in science and law and helps preparing the ground for a new approach to risk assessment and risk management. Linking the problem to the doctrine of multilevel governance the author develops a theory allocating risk assessment to international for a while leaving the matter of risk management to national and democratically accountable government. While the author throughout the thesis questions the possibility of separating risk assessment and risk management, the thesis offers new avenues which may assist in structuring a complex and difficult problem