China stands firm in decision to ban Japanese aquatic products

Trade experts and analysts on Tuesday stated that China is well-placed to defend its recent actions if Japan files a complaint in the World Trade Organization (WTO) against China for restricting imports of seafood originating in Japan.

China had taken such measures due to widespread concerns over the feared adverse effects of nuclear-contaminated wastewater discharged by the Fukushima Daiichi power plant into the Pacific Ocean.

Experts said China has legitimate rights to take such emergency measures and suspend imports of all aquatic products originating in Japan, in order to safeguard Chinese people's health.

They also said the possibility of a legal case would not deter China from attempting to safeguard its rights and interests under the WTO framework.

Zhou Mi, a senior researcher at the Chinese Academy of International Trade and Economic Cooperation, which operates under the Ministry of Commerce, said WTO rules recognize that no country should be prevented from taking necessary measures for the protection of human, animal or plant life, or health, and WTO members therefore could be exempted from the multilateral trading body's free trade provisions in specific instances.

"The uncertainties relating to the long-term and widespread hazard of Japan's discharge of the contaminated water is enough for China to take import restrictions to protect its people and environment from unknown risks," Zhou said.

Following widespread concerns over the safety of seafood, China has suspended imports of all aquatic products originating in Japan since Aug 24, and submitted a notification of the emergency import control measures to the WTO on August 31.

On Monday, Japan submitted its counterargument in writing to the WTO, expressing that the suspension of imports by China is "totally unacceptable", and that "it strongly urges China to immediately repeal its measures".

In addition to the submission of its counterargument, Japan will continue to provide explanation on its position in related committees in the WTO, the Japanese Ministry of Foreign Affairs said on its website.

In a separate statement on Monday, Tokyo's foreign ministry said Japan has also asked China to hold discussions over the import ban based on the provisions of the Regional Comprehensive Economic Partnership agreement.

Zhou also said that Japan has failed the transparency obligation of WTO members, which is one of the most important principles of the WTO agreements.

The transparency obligation requires members to disclose their policies and practices publicly, especially those that may affect other members, and yet, Japan's illegal release of the contaminated water lacks necessary scientific evidence as support and transparency in procedures, data and impact analysis, he added.

Zhao Hong, a professor at Peking University's Law School and former chairperson of the WTO Appellate Body, also said without consensus from other countries, Japan's unilateral decision to release the contaminated water may also violate its obligation under the United Nations Convention on the Law of the Sea, she said, adding China and other countries being affected could adopt further measures if the situation evolves.

The issue should be assessed and addressed under the framework of science and WTO agreements, but unfortunately it is very much politicalized as it is now, she said, adding if Japan files a case against China at the WTO, China will firmly protect its legitimate rights under the framework of the multilateral trading system.

Foreign Ministry spokeswoman Mao Ning told a regular media briefing on Tuesday that China's relevant measures are completely legitimate, reasonable and necessary.

The international community is generally concerned that Japan's release of the contaminated water will bring risks to the marine environment and public safety, she said.