A Study on the Interpretation and Application of SPS Agreement Article 8 and Annex C: Focus on WTO Dispute Cases*

Purpose – This is a study of the adjective law of the SPS Agreement, which has recently attracted attention in the field of the WTO SPS Agreement, and the purpose of this study is the interpretation of Art. 8 and Annex C. Design/Methodology/Approach – Although there are many ways to interpret the SPS Agreement, this study analyzed the arguments of the parties and the interpretations of the panel and appellate body that appeared through WTO dispute cases related to this provision. Findings – The main issues in disputes related to Art. 8 and Annex C of the SPS Agreement were related to the interpretation of 'unreasonable delay' and 'like products'. ‘Unreasonable delay’ is interpreted as ‘unreasonable delay’ or ‘excessive delay’. The Judgment Criteria was not the duration of the delay, but whether the reasons for the delay were justified. Regarding the interpretation of ‘like products’, in the case of Korea - Radionuclides (DS495), for the first time among disputes related to the SPS Agreement, the interpretation of like products was an issue. The panel and the Appellate Body applied the same criteria to SPS Agreement and GATT 1994 Art. 3(4). Research Implications – Since the entry into force of the WTO Agreement, most disputes of the SPS Agreement have been related to substantive law, but recently, disputes related to adjective law have increased. Therefore, compliance with procedural law is required when adopting SPS measures.