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The Thai government expressed its concern over the pertinent issues of toxic waste and microorganism patents in EPA. The foreign minister stated clearly that Thailand is not willing to reopen the negotiation with reference to the shortcomings in EPA. 'I believe it is in our mutual interest that the JTEPA will not encounter protest or public disagreement before or after the signing' (Nitya, 2007). The health care organizations have already expressed their concerns and protest against the implementation of EPA, the civic society has expressed its fear that the EPA will permit the Japanese authorities to dump their toxic waste and patent microorganisms in the country. According to the EPA, Article 28 stated, 'items which can no longer perform their original purpose and are only fit for disposal or for the recovery of parts or raw materials as goods'. In rejoinder, Article 130 stated, 'Each party shall ensure that any patent application shall not be rejected solely on the grounds that the subject matter claimed in the application is related to a naturally occurring microorganism'. The Thai government has expressed its serious concerns that these two articles can be used for the purpose of dumping toxic waste or patent microorganisms. (Andrew, 2005)
The issues that still have to be discussed by the competent authorities of both the countries are with reference to the, define the scope of investment and investors to which the application and implementation of EPA stands valid the phase of application of national treatment and most favored nation treatment;
the extent of performance requirement prohibitions;
the format of the reservation list;
subrogation against commercial risks; and the approach to the international arbitration procedures for the settlement of investment disputes between a government and an investor' (JTEPA TF Report, 2003)
OPINION
The forum of ASEAN has brought both the countries towards an understanding for the exploration of economic and social activities by Thailand and Japan. Japan is aware of the significance of the Thailand in the region, and EPA is an effort to increase the presence of both the countries in the region. Japan and Thailand have development strong cultural and economic affinity, beyond the normal diplomatic...
There have many technical and personal exchanges of information between both the countries. Thailand and Japan are in agreement to intensify and support the operations and activities of private sector in both the countries. There is certainly a great deal of scope and fortunes for both the countries, which can be secured through wide range of discussions and ventures, to overcome the differences, and broaden the spectrum of economic activities. (Edward, 2004)
CONCLUSION
Both the countries understand the importance of the agreement, and have insisted upon renewal commitments towards the adoption and implementation of the trade. It is important that the pertinent issues should be handled in an appropriate manner with the adoption of liberalization, and due consideration towards the sensitivity of the trade barriers and tariff imposition.
References
Japan Thailand Economic Partnership Agreement. Task Force Report. December 2003
Japan's Economic Cooperation Program for Thailand. May 2006
Suthiphand Chirathivat. Japan Thailand EPA: Problems and Future. Chulalongkorn University. Oct, 2006
No Renegotiation on Thai-Japan Trade Deal. The NATION. Feb 26, 2007
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