What Are the Active Effects of the SPS Agreement on the Conservation of Asian Elephants in China during COVID-19 Pandemic
Abstract
As COVID-19 pandemic has amplified and in the context of human-elephant conflict, a sub-topic under the trade and environment topic has given high attention, which is the role of entry and exit animal and plant quarantine in preventing the spread of diseases.Against this background, this study aims to formulate a theoretical insight from SPS Agreement and Conservation of Asian elephants, which are synthesised in the context of COVID-19 pandemic, based on which a conceptual framework is thus proposed.I have used thematic analysis to analyse data collected from textual sources.It is found that when China adopts special SPS measure(s) , even if it does not comply with GATT, it can still apply SPS Agreement to claim an affirmative defense;Furthermore, our finding also suggest that China can benefit from the SPS Agreement as it provides an international frame work for SPS arrangements among countries;In addition, it is interesting to note that as more attention is paid to animal and plant quarantine. Therefore, the room of application of the SPS Agreement will be further expanded.With the findings, we contribute to extending the theory of the conservation of Asian elephant and drawing attention to Asian elephants’ sanitary and health.Our findings also provide guidelines for filling the legal gaps in managing the quarantine in China.
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DOI: https://doi.org/10.18686/pas.v5i1.1491
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