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The Effects Of Countervailing Sanitary And Phytosanitary Measures On India's Trade




Alphy J, Christ Deemed To Be University, Bangalore

ABSTRACT

In the whole world, food safety is given to attention. There are many different diseases that are battling right now. A type of illness that is on the rise internationally is food borne disease, and nations are working to protect their populations’ health. To protect the safety of the health of people, animals and plants the WTO members recognized the critical authority to impose trade restrictions. A global project known as the SPS agreement requires its signatory nations to implement SPS controls to safeguard the health of people, animals and plants. Additionally, it authorizes up to a national norm that must be risk-evaluated and scientifically substantiated. However, developing nations like India must increase its resources for the implementation of SPS scientific requirements. However, it is challenging for Indian authorities to pinpoint the root cause of the issue, which is that global SPS measures do not align with domestic norms that are primarily focused on SPS measures. India specifically has to adopt a new pragmatic approach to the management of the SPS and should concentrate on developing a comprehensive strategy to manage its SPS difficulties in an effective manner on both national and international levels.

The GATT outlined the fundamental requirements of a GATT member nation with regard to the use of subsidies and allowed an importing country to apply countervailing tariffs to balance public subsidies for the manufacturing, production, or export of goods. These clauses were found to be deficient in two areas, though. The rights and obligations were first stated in general terms, and then terminology like subsidy, export subsidy, material harm, and domestic industry were defined in a way that might be interpreted in many different ways. The SCM agreement includes sanctions for both the government providing the subsidies and the importer country's government's actions in response to other governments' subsidies. But unlike its predecessors, it defines subsidy and, for the most part, introduces the idea of "specific" subsidy, which is a subsidy available only to an enterprise, an industry, or a group of industries within the jurisdiction of the authority awarding the subsidy; only specific subsidies are subject to the rules outlined in the Agreement. The SCM Agreement also lists three types of subsidies: those that are forbidden, those that may be taken to court, and those that cannot. This essay covered the effects of countervailing tariffs as well as sanitary and phytosanitary regulations in India.

Keywords: Agreement, Countervailing duties, Food Safety, Health, Sanitary, Phytosanitary

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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