Addressing this tension is particularly important as both countries negotiate their FTA. No doubt, as under the multilateral WTO regime, it will allow each state to take measures to prevent health risks. Such measures must not be discriminatory or disguised trade barriers, and should draw on risk assessments influenced by international scientific and technical standards. Yet disputes decided by the WTO show that science cannot provide all the answers, and that states do and arguably should significant leeway in their attitudes towards risks.
Already, Australian exporters and legal advisors need to be aware of another round of sensitivity particularly regarding food safety issues on the part of Japanese citizens and their government – politicians, not just bureaucrats. Although hardly reported in Australia, 2007 saw a wave of whistle-blowing and intense media scrutiny regarding foods mislabelled by Japanese companies. This year, a major diplomatic row erupted regarding dumplings (gyoza) imported from China. Why, how, and when pesticides got into the dumplings is still controversial. But volumes and reputations of many Chinese exports into Japan have taking a pounding. More recently, completing the circle, a Japanese supplier of eels was found to have mislabelled large volumes as being from a well-known coastal town in Japan. In fact they were imported from China, and routed through an inland village with the same name, not known for its eels. Only the dumplings directly raise safety issues, but all these incidents highlight Japanese consumers’ renewed concerns about food quality.
One way forward for Australia, Japan and China is to formalise intergovernmental cooperation, going beyond conventional FTAs, along the lines of Food Standards Australia New Zealand. This would also represent another step towards more EU-like infrastructure (or mentality) within the Asia-Pacific.
Further reading: Luke Nottage and Joel Rheuben, “Dumplings and Dodgy Foods in Japan: Implications for the Australia-Japan FTA” 19(4) Australian Product Liability Reporter, August 2008
[…] For weeks I have been tracking this latest evolving food safety scandal, but reports and reactions vary markedly across the region. Media coverage is likely to remain disparate. But the saga should provide lessons for developing bilateral and regional infrastructure to “trade up” to a more harmonized regime, better securing consumer product safety in our FTA era. […]
[…] For weeks I have been tracking this latest evolving food safety scandal, but reports and reactions vary markedly across the region. Media coverage is likely to remain disparate. But the saga should provide lessons for developing bilateral and regional infrastructure to “trade up” to a more harmonized regime, better securing consumer product safety in our FTA era. […]