Abstract
In recent years, the problem of food safety has become much more serious. Our government should not only face the threat from the domestic enterprises but also defend the health risk stemmed from the world trade. The outbreak of avian flu in other countries should be considered an alert to our country. The avian flu may impact our domestic farming, animal and plant health, human health, and economy. As such, out government restricts or prohibits the import of birds and their product. What our government does should comply with related WTO regulation, especially SPS Agreement. SPS Agreement requires members to enact their SPS measures based on scientific evidence and risk assessment. Therefore, science plays an important role in the WTO dispute settlement. To ensure that our SPS measure complies with SPSAgreement, this article discusses the explanation of scientific evidence through WTO case study. Then whether our current SPS measure violates Panel’s or Appellate Body’s explanation is also examined. Furthermore, this article provides a possible solution to help our government obey WTO law without any sacrifice of nationals’ health.