Mad Cow=Mad Canadians!!

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bonoman

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About two months ago mad cow was discovered in northern Alberta (West). It was discovered in one cow that was seen to be sick and went for testing. The US and Japan and many other countries banned CDN beef that day, rightfully so. Since that day it has been proven that there are no other cows with the disease and that it never (cow) made it anywhere near market. World health organizations have declared it safe and Canada has now added even more checks and measures to prevent the spread of mad cow. The was traced and could not be pin pointed to where it came from with areas of BC SK and the USA being suspects.

So we now sit with our beef not being allowed to be exported, still! The beef industry is losing 5-6 million per day mainly due to the USA and Japenese borders being closed.

My question is this:

What do we need to do to export our meat again?

Our meat is safe and Alberta beef is world renowed as some of the best in the world. I am eating it every night and so are millions of CDN's! Governors of Montana and Washington have said that the borders need to be re-opened but the Federal gov't is not listening.

People are now talking about administering a bit of the American and Japenese's own medicene. People want Canada to stop exporting important resourses and goods to these countries.

I am pissed! And i am begining to think that showing the US and Japan what it feels like is the answer. The US wants our oil we not till you start showing a bit of sense and reopening the borders. Japan wants our wood and water well not till the borders are reopened.

From Japan i expect this but not from our biggest trading partner and closest friend, the US!
 
we are awoken to the perils of international trade

if i understand the situation correctly, it breaks down like this:

a couple of years ago japan, much like canada did a few months ago, discovered a single case of mad cow within their cattle. since then the health of meat has been a contentious issue.

the party in power does not want to come anywhere near mad cow again. having closed their borders to canada, japan then extended the policy to the u.s.

the americans are still allowed to export beef to japan but should the u.s.-canadian border reopen for beef trade, the japanese border would close for both canada and the u.s. japan would only want beef from the u.s. that it can be certain never came into contact with canadian beef and that is not possible apparently.

so i dont think there is anything that can be done short of japan breaking their position.

perhaps trade sanctions would work but i am going to guess the wto contains clauses for health infractions which make it possible for japan and the u.s. to ban canadian beef in this case. thus canada would face heavy penalties were it to stop exporting other products.

if this is true perhaps a international medical org (who?) could become involved to force japan to reopen the border.
 
I understand that fully, koby. But to me it doesnt matter if Japan then closes its borders to the Americans. We are eachothers biggest trading partners and they are looking at their bottom line before considering what it is doing to our bottom line. You forget that this Cow could have come from the US. You forget that all the American politicians that i have heard are calling for the reopening but are cowering to the Japanese.

There is CDN meat still in the US what about that?

The US should step up to the plate and show that they are our friend and support our trading as we support them!
 
i havent forgotten any of that and i agree it is sad.

evidently the americans have looked at the situation, given that they cant have complete trade relations with both, and chosen japan over canada. and yes that is disappointing.

im sure somewhere out there stockwell day is blaming it all on chretien and his troops.

edited: apparently, canada has treated cases where BSE has been found in other nations, much the same way the japanese and americans are.
 
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straight from the annals of kobe

ouizy said:

kobe beef


edited to add some actual content

from the globe
Legal battle at WTO a last resort
By LAWRENCE HERMAN
Thursday, July 24, 2003 - Page A13
...
what are the legal arguments that would apply here? They can be found in the WTO's Agreement on the Application of Sanitary and Phytosanitary Measures, or SPS agreement. This agreement prescribes strict conditions for trade embargoes on agricultural products aimed at protecting human health.

The key to what might be Canada's legal argument is in Article 5 of this agreement. It requires that such embargoes can only be applied after a full and proper risk assessment by the importing country that is based on credible scientific evidence and evaluates all relevant factors.

WTO jurisprudence has made it clear that risk assessment must entail an evaluation of the likelihood of the spread of disease the measure is designed to prevent. It's not simply a matter of the possibility of disease; there must be a science-based judgment as to its probability.

Case law has also confirmed that there must be a "rational relationship" between a given trade restriction and the degree of risk. This notion is based on what is called the doctrine of proportionality. It means that the measure being applied -- in this case, embargo -- cannot be out of proportion with the science-based nature of the risk.

These elements -- credible scientific evidence, real likelihood of disease entering the system, and the concept of proportionality -- could be the basis for a Canadian case at the WTO.

But the dilemma Canada faces is that even if there are solid arguments that both the United States and Japan may have gone beyond the permissible limits of the SPS Agreement, the wheels of justice at the WTO grind exceedingly slow. Moreover, taking the case to the WTO (or to a NAFTA panel, for that matter) will result in the U.S. and Japan each digging in its heels and, in turn, make a negotiated settlement and early solution impossible.

It could be that Canada might be forced to follow the legal route if a solution is not found soon. At this juncture, however, as frustrating and dangerous as it is for the Canadian cattle industry, a continued persistent emphasis on science to prove the absence of any likelihood of disease and convince Japan and the United States to lift the bans is probably the best of several difficult options.

Legal arguments can help in these negotiations. But, just like ordinary civil suits, going to court in the WTO should be a last resort.
 
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