PRINCIPLE OF INDEPENDENCE (PRINCIPLE OF SOVEREIGNTY) AND ANTI-PROTECTION PRINCIPLES IN THE FIELD OF APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES UNDER WTO LAW

The article focuses on the characteristics of the principles of independence, non-discrimination, national treatment and most-favored-nation treatment. Noting that in their direction and content these principles are heterogeneous and are divided into two groups: the principle of independence (principle of sovereignty) and anti-protectionist principles (all others), as well as the fact that there are certain features of understanding and application of these principles in EU, the author focuses on the study of such specifics in the context of differences from the basic content of WTO principles. A comprehensive analysis of the scientific literature allows us to conclude that the problems of the principles of WTO law have been studied by many scholars, and that the list of these principles may differ slightly, however, in general is quite stable. In the article the author substantiates the conclusion that the principle of independence is very powerful and protectionist in nature, in contrast to which a whole system of principles (anti-protectionist) is built, which together are designed to limit the principle of independence to expand and liberalize international trade. In the system of anti-protectionist principles of WTO law, the author distinguishes the basic component (principle of non-discrimination), regime component (principles of national regime and most-favored-nation regime), information component (transparency principle) and content component (principles of scientific validity and harmonization). The author sees the mechanism of recognition of equivalence as the main practical tool of realization of the principle of non-discrimination. WTO members recognize the sanitary and phytosanitary standards of other members as equivalent (even if they differ from their own) if the exporter demonstrates to the importer that his measures achieve an adequate level of sanitary or phytosanitary protection. Also, the article, on the example of some disputes, analyzes the practical application of the principle of non-discrimination in the field of non-tariff regulation — the application of sanitary and phytosanitary measures.