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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Autores principales: Velicia Theoartha Manalu, Sinta Dewi Rosadi, Prita Amalia
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Publicado: Faculty of Law, Universitas Sebelas Maret 2021
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spelling 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)
institution DOAJ
collection DOAJ
language EN
ID
topic domestic market
international guidelines
regionalization principle.
Law
K
spellingShingle 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
description 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
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