Case Study: Legal Aspects of Canada vs. Australia Salmon Dispute

This case study examines the international trade dispute between Canada and Australia concerning the importation of salmon. The case revolves around Australia's restrictions on fresh salmon imports, which Canada challenged under WTO regulations. The analysis delves into the legal issues, focusing on the application of the SPS Agreement, quarantine measures, and the role of arbitration in resolving the conflict. The study highlights the arguments presented by both parties, the tribunal's decisions, and the significance of international law in maintaining fair trade practices. The WTO ruled in favor of Canada, finding that Australia's import restrictions violated trade agreements. The case underscores the importance of international trade laws and the dispute resolution mechanisms within the WTO framework. The assignment references relevant literature to support its findings and conclusions.

LEGAL ASPECTS OF
INTERNATIONAL TRADE AND
ENTERPRISE

Executive Summary
• International law refer to such laws which set the norms, rules
and regulation imposed on other country and such country is
bound to follow such rules if they are dealing with them to
carry their business activities for longer terms. In this case
study the issue is between the Canada V Australia regarding
the measures of affecting the importation of Salmon. It can be
finds that case is referred to the Dispute settlement Body who
appointed a penal to solve the matter regarding such trade
disputes and under article 21.3 various rules and procedures
are implemented for settling the disputes regarding such
matters. It is examined that the order are in favour of Canada
and the Australia country are imposed on certain rules which
they violates under article as they are not under to ban the
trade activities.

BACKGROUND
• As the case is between the Canada V Australia regarding the
measures affecting the importation of Salmon which is useful
for the health diseases. In this case study Canada made a
complaint against the Australia for restricting the imports of
fresh salmon which is also a part of their quarantine which
helps them to measures from the health diseases. Salmon is
one type of fish which is larger size and which usually solve
much health problems (Lincoln and Gubbins, 2018). Canada
applied for the complaint against the Australian to the WTO of
whom both are the member of the WTO. In 1990 this
disputant was arises and in 1995 Canada file a complaint or
suit against the Australian to WTO.

FACTS
• As in this case the matter is solved by the appointing the
arbitration which acted as a neutral person between both the
parties. Canada demand to the penal authority to appoint as an
arbitration which can solve the matters and also provide fair
judgement which didn't affects any country rights and also
their decision give effective liability to the country. Thus,
Arbitration means the person which is appointed to settle the
dispute between the parties (Subedi, 2016). It can be appointed
as the mutual consent between the parties or through the order
of the courts regarding their appointment. Thus, it is the
agreement between the parties to appoint one or more
arbitrators to settle their disputes and provide fair decision
which helps them to settle their matters in a better manners
(Dispute Settlement Report 1999, 2019).

LEGAL ISSUE
• The issue which are presented in this case study is relating to the restriction
in importing the Salmon fish which helps to improve the health issue of the
people and also various benefits are provides to the people who are
suffering from many diseases. In this case study Australia restricts Canada
to import the Salmon which is badly needed to Canada to improve their
condition of the people (Picciotto, 2017). Canada requested the Australian
country to provide access to the uncooked Salmon which results in raising
their quarantine policies regarding importing of the fish through ocean.
Australian mentioned their issue regarding imposing restriction is that they
cannot import such fish if they are fresh, chilled and frozen this bring more
loss to the country by imposting and dead fish. At the time it takes the
fishes to delivery to that country they are dead and thus it results in not
importing such bulk order of Salmon.

INDIVIDUAL PARTIES
ARGUMENTS
• In the case of Canada V Australia regarding the restriction on
importing Salmon, the major issue or argument is regarding
the delivery of salmon through ocean. Through which
Australian country agree that due to transporting the salmon it
results in dead of fishes or sometimes more storage provide
bad smell in the fishes which affects the heath of the people
(Tarique, Briscoe and Schuler, 2015). As Salmon fish is used
by the people to improve their heath condition. It contains
polyunsaturated acids which improve the cholesterol of the
people. By adapting these fish in the diet chart it helps in
losing the weight or also helps in development of brain to the
faster process.

TRIBUNAL DECISIONS
• According to the decision given by the WTO regarding the dispute
between the Canada V Australia regarding the importing of the Salmon the
judgement is in favour of Canada and also they impose restriction and
violation against the Australia for imposing such restriction towards the
Canada for importing the Fish which helps in improving their health
conditions. After the matter referred to the DSU panel they examined
various facts personally and with the helps of the scientific experts they
came to the factors and decision is made against the Australia country that
they violate various acts which are clearly mentioned under the article that
the action which the Australian is taking are inconsistent (Jenner, 2016).
Firstly in relation to tribunal decision, they violate the rules which are
mentioned in Article 5.1 of the SPS agreement that there is no such matter
of risk which is so associated regarding the banned on importation. They
use different strategies to deliver the goods if they find that it results in
dead animals at the time of importing and exporting.

IMPORTANCE OR SIGNIFICANCE
IN INTERNATIONAL LAW
• According to it, the international law can be summarized as
the rules, regulation and standard norms which is imposed to
maintain the close and fair relationship with the countries and
if they deal with other parties they can fairly make decision
and judgement as they are under the government norms. Every
state had their own rules which means that international law
differ from state to state and their norms and condition also
vary from different places (Koul, 2018). Through such laws
they protect the rights, interests and status of the person and
there rights to do any business if they are according to the
government norms. These laws run from the ancient times and
they are amended according to the changes in time and need of
the case which results in affecting the right of the person.

REFERENCES
• Hughes, V., 2018. Canada: A Key Player in WTO Dispute Settlement.
• Jenner, P., 2016. Social enterprise sustainability revisited: an international
perspective. Social Enterprise Journal. 12(1). pp.42-60.
• Koul, A. K., 2018. WTO Agreement on Sanitary and Phytosanitary
Measures (SPS). In Guide to the WTO and GATT. (pp. 451-468).
Springer, Singapore.
• Lester, S., Mercurio, B. and Davies, A., 2018. World trade law: text,
materials and commentary. Bloomsbury Publishing.
• Lincoln, R. and Gubbins, L., 2018. When Criminal Laws affects Business
Enterprises: A Case Study of the Tattoo Parlours Act in Queensland,
Australia. International Journal of Business and Social Science. 9(7).
pp.35-41.

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