IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969
The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and...
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Faculty of Law, Universitas Sebelas Maret
2021
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oai:doaj.org-article:d3cf16cc939b49bc80087c6248f688a52021-11-15T09:41:02ZIMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 19690852-09412549-090710.20961/yustisia.v10i2.44710https://doaj.org/article/d3cf16cc939b49bc80087c6248f688a52021-08-01T00:00:00Zhttps://jurnal.uns.ac.id/yustisia/article/view/44710https://doaj.org/toc/0852-0941https://doaj.org/toc/2549-0907The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and Russia – Pigs (EU). Recently, Coronavirus Diseases 2019 (Covid-19) has been considered to affect animal trade. Such conditions prompt the World Trade Organization (WTO) to recommend the Members to take SPS Measures to protect their domestic market. However, the trade would be inhibited in case the country-wide ban approach is applied. Therefore, this paper discusses the possible SPS measures under the regionalization principle to promote the trade during the pandemic according to WTO decisions from previous cases in line with the VCLT of 1969. The research result shows that the Covid-19 is an obstacle to international trade and makes humans and animals vulnerable to this virus. Consequently, many animal trades have been banned to prevent its spread. To deal with this condition, Indonesia could apply the regionalization principle in Article 6 SPS Agreement. Moreover, the government should update the quarantine law by pointing out the regionalization principle, unlike the zone system rules only applied to animals susceptible to Food Mouth DiseaseVelicia Theoartha ManaluSinta Dewi RosadiPrita AmaliaFaculty of Law, Universitas Sebelas Maretarticledomestic marketinternational guidelinesregionalization principle.LawKENIDYustisia, Vol 10, Iss 2, Pp 163-176 (2021) |
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domestic market international guidelines regionalization principle. Law K |
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domestic market international guidelines regionalization principle. Law K Velicia Theoartha Manalu Sinta Dewi Rosadi Prita Amalia IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969 |
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The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and Russia – Pigs (EU). Recently, Coronavirus Diseases 2019 (Covid-19) has been considered to affect animal trade. Such conditions prompt the World Trade Organization (WTO) to recommend the Members to take SPS Measures to protect their domestic market. However, the trade would be inhibited in case the country-wide ban approach is applied. Therefore, this paper discusses the possible SPS measures under the regionalization principle to promote the trade during the pandemic according to WTO decisions from previous cases in line with the VCLT of 1969. The research result shows that the Covid-19 is an obstacle to international trade and makes humans and animals vulnerable to this virus. Consequently, many animal trades have been banned to prevent its spread. To deal with this condition, Indonesia could apply the regionalization principle in Article 6 SPS Agreement. Moreover, the government should update the quarantine law by pointing out the regionalization principle, unlike the zone system rules only applied to animals susceptible to Food Mouth Disease |
format |
article |
author |
Velicia Theoartha Manalu Sinta Dewi Rosadi Prita Amalia |
author_facet |
Velicia Theoartha Manalu Sinta Dewi Rosadi Prita Amalia |
author_sort |
Velicia Theoartha Manalu |
title |
IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969 |
title_short |
IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969 |
title_full |
IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969 |
title_fullStr |
IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969 |
title_full_unstemmed |
IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969 |
title_sort |
implementation regionalization principle based on sanitary and phytosanitary (sps) agreement according to vienna convention on the law of treaties (vclt) of 1969 |
publisher |
Faculty of Law, Universitas Sebelas Maret |
publishDate |
2021 |
url |
https://doaj.org/article/d3cf16cc939b49bc80087c6248f688a5 |
work_keys_str_mv |
AT veliciatheoarthamanalu implementationregionalizationprinciplebasedonsanitaryandphytosanitaryspsagreementaccordingtoviennaconventiononthelawoftreatiesvcltof1969 AT sintadewirosadi implementationregionalizationprinciplebasedonsanitaryandphytosanitaryspsagreementaccordingtoviennaconventiononthelawoftreatiesvcltof1969 AT pritaamalia implementationregionalizationprinciplebasedonsanitaryandphytosanitaryspsagreementaccordingtoviennaconventiononthelawoftreatiesvcltof1969 |
_version_ |
1718428524179619840 |