民商法研二.ppt

Japan- Measures Affecting the Importation of ApplesReport of the Appellate BodyWT/DS245/AB/R
民商法研二楊岳平
國際法研一呂彥增
國際法研一翁乃方
Background
The Disease at Issue
fire blight ---Erwinia amylovora or E. amylovora
The Product at Issue---apple
The Measure at Issue
Introduction
Japan – Measures Affecting the Importation of Apples
The United States requested on 7 May 2002 that a panel be established to examine the matter on the basis of "measures" maintained by Japan that "restrict the importation of US apples in connection with fire blight or the fire blight disease‑anism,  Erwinia amylovora. 
On 3 June 2002, DSB established the Panel with the following terms of reference, in accordance with Article  of the  Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU")
The United States claimed that Japan was acting inconsistently with
Articles , , , , , and 7 of the SPS Agreement and Annex B   
Article  of the  Agreement on Agriculture   
Article XI of the  General Agreement on Tariffs and Trade 1994 (the "GATT 1994").
In the Panel Report, circulated to Members of the World anization (the "WTO") on 15 July 2003, the Panel found that Japan's phytosanitary measure:
(i) is maintained "without sufficient scientific evidence", inconsistent with Japan's obligation under Article of the  SPS Agreement;
(ii) does not qualify as a provisional measure under Article of the  SPS Agreement because it was not imposed in respect of a situation where relevant scientific evidence [was] insufficient;
(iii) is not based on a "risk assessment" within the meaning of Article of the SPS Agreement.
Preliminary Issue: Sufficiency of the Notice of Appeal(1/5)
Rule 20(2) of the Working Procedures:
Commencement of Appeal
A Notice of Appeal shall include the following information:
(a) the title of the panel report under appeal;
(b) the name of the party to the dispute filing the Notice of Appeal;
(c) the service address, telepho