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Author: Joanne Scott
Publisher: Oxford University Press, USA
Published: 2009
Total Pages: 0
ISBN-13: 9780199563869
DOWNLOAD EBOOK →Commenting on the WTO Agreement on Sanitary and Phytosanitary Measures, which allows WTO members to implement barriers to trade, for example on food or pharmaceutical products, in order to project public health, provided that the measure is based on established guidelines or backed by scientific evidence.
Author: Lukasz Gruszczynski
Publisher: Oxford University Press
Published: 2023-07-25
Total Pages: 385
ISBN-13: 0192659790
DOWNLOAD EBOOK →The 1995 WTO Agreement on Sanitary and Phytosanitary Measures (SPS) is concerned with trade and food safety regulation, and with the regulation of pests and diseases in agriculture. It establishes legal standards while affirming the right of each member to choose its own level of SPS protection. However, the question of whether the balance has been properly struck remains a matter of ongoing debate. The Commentary provides a detailed update of the first edition authored by Joanne Scott in 2007. It reflects 15 years of change in SPS case law and practice. It critically examines current issues such as use of experts in the dispute settlement process, applicable standard of review, or legal treatment of private standards in food safety. Moreover, the Commentary assesses the suitability of the current regime to address the existing needs of developing countries The commentary also examines how science-based criteria and the traditional GATT standards (non-discrimination and least-trade-restrictive means) are used to discipline national SPS measures. It explores the transparency obligations and procedural rules that govern control, inspection, and approval processes in importing countries. A separate section is dedicated to the operation of the SPS Committee as an arena for transnational governance in the SPS field. The book also investigates the agreement's attempt to establish a framework to draw together the diverse institutions and regulatory regimes already populating the food safety arena. Two new chapters are also included: one reviewing Article 5.7 SPS in greater detail, and one dealing with the SPS rules in selected regional trade agreements (the CETA, EU-Japan EPA, USMCA, RCEP, and CPTPP).
Author: Lukasz Gruszczynski
Publisher: Oxford University Press
Published: 2023-08-17
Total Pages: 385
ISBN-13: 0192845195
DOWNLOAD EBOOK →The 1995 WTO Agreement on Sanitary and Phytosanitary Measures (SPS) is concerned with trade and food safety regulation, and with the regulation of pests and diseases in agriculture. It establishes legal standards while affirming the right of each member to choose its own level of SPS protection. However, the question of whether the balance has been properly struck remains a matter of ongoing debate. The Commentary provides a detailed update of the first edition authored by Joanne Scott in 2007. It reflects 15 years of change in SPS case law and practice. It critically examines current issues such as use of experts in the dispute settlement process, applicable standard of review, or legal treatment of private standards in food safety. Moreover, the Commentary assesses the suitability of the current regime to address the existing needs of developing countries The commentary also examines how science-based criteria and the traditional GATT standards (non-discrimination and least-trade-restrictive means) are used to discipline national SPS measures. It explores the transparency obligations and procedural rules that govern control, inspection, and approval processes in importing countries. A separate section is dedicated to the operation of the SPS Committee as an arena for transnational governance in the SPS field. The book also investigates the agreement's attempt to establish a framework to draw together the diverse institutions and regulatory regimes already populating the food safety arena. Two new chapters are also included: one reviewing Article 5.7 SPS in greater detail, and one dealing with the SPS rules in selected regional trade agreements (the CETA, EU-Japan EPA, USMCA, RCEP, and CPTPP).
Author: Marianna B. Karttunen
Publisher: Cambridge University Press
Published: 2020-04-23
Total Pages: 359
ISBN-13: 1108486452
DOWNLOAD EBOOK →Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.
Author: World Trade Organization
Publisher: Conran Octopus
Published: 1998
Total Pages: 62
ISBN-13:
DOWNLOAD EBOOK →BG (copy 1): From the John Holmes Library collection.
Author: Bhagirath Lal Das
Publisher: Zed Books
Published: 1998-06
Total Pages: 140
ISBN-13: 9781856495844
DOWNLOAD EBOOK →This companion volume to An Introduction to the WTO Agreements looks at how the WTO agreements represent progress over the GATT rules they have replaced. The author also analyses their deficiencies and imbalances from the point of view of the developing countries. And he proposes detailed changes (and strategies) which, in his view, the countries of the South ought now to be putting forward in the next round of negotiations on trade and related issues which have already commenced.
Author: Kym Anderson
Publisher: University of Adelaide Press
Published: 2012
Total Pages: 432
ISBN-13: 1922064327
DOWNLOAD EBOOK →The Uruguay Round of multilateral trade negotiations, culminating in the GATT Secretariat being transformed into the World Trade Organization (WTO) on 1 January 1995, has altered forever the process of quarantine policymaking by national governments. On the one hand, WTO member countries retain the right to protect the life and health of their people, plants and animals from the risks of hazards such as pests and diseases arising from the importation of goods. On the other hand, the WTO's Agreement on Sanitary and Phytosanitary Measures (the SPS Agreement) requires that quarantine measures be determined in a manner that is transparent, consistent, scientifically based, and the least trade-restrictive. This collection resulted from an international workshop funded and organised by Biosecurity Australia, the agency of government responsible for analysing Australia's quarantine import risks and for negotiating multilateral SPS rules and less restrictive access to overseas markets for Australian produce. The workshop, which was held at the Melbourne Business School on 24-25 October 2000, brought together a distinguished group of applied economists and quarantine policy analysts whose focus involves regions as disparate as Europe, North America, Africa, Asia and New Zealand, in addition to Australia.
Author: Tracey Epps
Publisher: Edward Elgar Publishing
Published: 2008-01-01
Total Pages: 365
ISBN-13: 1848443870
DOWNLOAD EBOOK →This detailed and fully referenced text is a valuable resource both for practitioners and academics. Michael Blakeney, International Trade Law and Regulation Interspersing law with societal context, this volume by Dr Epps stands out among WTO analysis. The author offers a delightfully balanced view on the nature and origin of SPS measures (including references to history) whilst at the same time mastering the hard law of the SPS Agreement in detail. Practitioners will enjoy the detailed analysis of WTO dispute settlement. A reference book for practice and academia, and also a very, very good read. Geert Van Calster, Katholieke Universiteit, Leuven, Belgium This book examines and critiques the WTO s Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), asking whether it strikes an appropriate balance between conflicting domestic health protection and trade liberalization objectives. It pays particular attention to situations likely to occur but not yet fully examined either in the literature or in WTO law; most importantly, where public opinion demands regulation in the face of scientific uncertainty as to the existence or otherwise of a health risk. Tracey Epps concludes that the SPS Agreement s science-based framework is capable of dealing with the differing objectives of health and trade, and that it provides countries with more flexibility to respond to scientific uncertainties and public sentiment than many critics contend. This conclusion is strongly influenced by a positive analysis of domestic regulatory decision-making, which finds potential for regulatory capture by domestic protectionist interests and thus emphasizes the importance of ensuring that decisions are made on a sound and principled basis. Including a historical overview of disputes over trade and health since the 1800s, this book provides a comprehensive analysis of and new perspective on an important area of intersection between international trade law and domestic policy. It will be of interest to a wide-ranging audience including legal and non-legal academics, policy makers and analysts in the field of risk regulation, trade law practitioners in governments, and lawyers and analysts in international institutions.
Author: Rohini Acharya
Publisher: Cambridge University Press
Published: 2016-09-22
Total Pages: 753
ISBN-13: 1107161649
DOWNLOAD EBOOK →This volume contains a collection of studies examining trade-related issues negotiated in regional trade agreements (RTAs) and how RTAs are related to the WTO's rules. While previous work has focused on subsets of RTAs, these studies are based on what is probably the largest dataset used to date, and highlight key issues that have been negotiated in all RTAs notified to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). New rules within RTAs are compared to rules agreed upon by WTO members. The extent of their divergences and the potential implications for parties to RTAs, as well as for WTO members that are not parties to RTAs, are examined. This volume makes an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by RTAs.
