Article XX. Lit. B.

The implementation of the WTO Agreement on the application of sanitary and phytosanitary measures in selected Southeast Asian developing countries: a comparative analysis and evaluation

“…The term 'developing countries' is one of classification that separates them from 'developed countries', which is acknowledged by the 45 Ibid. Gutteridge states these as 'stage of legal, political and economic development'.…”

“…44 The majority of developing countries are 'standard-takers' instead of 'standard-makers'. 45 The participation of developing countries in international standards body meetings and in the process of the international standard-setting and development is low. 46 Likewise, developing countries' participation in the Codex's committee on drafting proposed standards is below the level of participation in the well as lack of resources, infrastructures and communications at the national level are particular challenges in the standards-setting process.…”

“…43 The WTO noted that Philippines has the second greatest number of emergency notifications for the period 1995-2012 and the most emergency notifications for the period from September 2012-September 2013. 44 The Philippines has more emergency notifications than regular notifications, 202 compared to 161 notifications, 45 while the situation in Indonesia and Malaysia is reversed. 46 This means that the Philippines is more transparent compared to Indonesia and Malaysia with regard to the notification obligation.…”

“…Gutteridge 45 and Hutchinson elaborate similar matters, which may be considered in the comparison, such as 'historic development, sources of law, hierarchy of legal institutions, and economic and politic structures'. 46 In this regard, the following selection criteria were used:…”

“…44 The US agreed with the EU, claiming that the measure was not based on scientific evidence. 45 Canada shared these concerns as its pork products were banned by Malaysia at that time without notice, and thus Canada encouraged Malaysia to use a scientific basis for its measures and apply an approval approach system on imports. 46 Canada's argument is reasonable because pork is imported to Malaysia through the DVS on a permission basis, where the DVS will grant a license on 'a case-by-case basis' without always providing a clear explanation.…”