About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

15 J. Int'l Trade L. & Pol'y 2 (2016)

handle is hein.journals/jitlp15 and id is 1 raw text is: 


                    The current issue and full text archive of this journal is available on Emerald Insight at:
                    www.emeraldinsight.com/1477-0024.htm




JITLP                   US phytosanitary restrictions:
   1'                  the forgotten non-tariff barrier

                                               Marie-Agnes Jouanjean

2                                    Overseas   Development Institute, London, UK
                                                Jean-Christophe Maur
Received 22 October 2015               World   Bank,  Washington, DC, USA, and
Accepted 26 October 2015                             Ben   Shepherd

                             Developing   Trade   Consultants,  New   York,  New   York,  USA


                    Abstract
                    Purpose - This paper aims to provide new evidence that the US phytosanitary regime is associated
                    with a restrictive market access environment for fruit and vegetable products. One chief reason seems
                    to be that the US regime uses a positive list approach, under which only authorized countries can export.
                    Design/methodology/approach   - The methodology of the paper is primarily qualitative. This
                    paper reviews the US sanitary and phytosanitary measures (SPS) system and its scope for use to protect
                    markets, in addition to protecting life and health. The approach is institutional and political economic.
                    Findings - For most products, only a portion of global production is authorized for export to the USA.
                    Even among authorized countries, only a small proportion is actually exported. As a result, the number
                    of countries exporting fresh fruit and vegetables to the USA is far lower than those exporting to
                    countries like the EU and Canada, but it is on a par with markets known to be restrictive in this area,
                    such as Australia and Japan. Using a data set of fruit and vegetable market access and political
                    contributions, this paper also provides evidence showing that domestic political economy
                    considerations may influence the decision to grant market access to foreign producers.
                    Originality/value - The US SPS system has not previously been analyzed in this way, and the
                    distinction between negative and positive list approaches is highlighted in terms of its implications for
                    third-party exporters. Similarly, the analysis of political contributions is novel and suggestive of an
                    important dynamic at work in the determination of the US policy.
                    Keywords   International trade, Trade policy, Political economy of trade policy, Standards, SPS,
                    and TBT
                    Paper type Research paper


                    1. Introduction
                    Sanitary and phytosanitary measures  (SPS) present significant obstacles to agricultural
                    exporters, particularly to small producers in developing countries. Although standards
                    in importing markets  like the European  Union and  the USA  can  act as catalysts for
                    production and  supply chain  upgrading  in poorer countries (Maertens and  Swinnen,
                    2009), the adaptation  costs involved, including  notably  large fixed costs, can be
                    substantial and may  exceed the capacity of some producers (Henson  and Jaffee, 2004).
Journal of International Trade Law
and Policy          JEL  classification - F13, F15, 024
o1No.1,20             The authors are grateful to John Beghin for comments on a previous draft. The findings,
pp. 2-2,
Emenld GroupPblishing Liited interpretations and conclusions expressed in this paper are entirely those of the authors. They do
DOI 10.1108/JITLP-10-2015-0027 not represent the view of the World Bank, its Executive Directors or the countries they represent.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most