The Impact Of Wto Sps Law On Eu Food Regulations

Author : Chris Downes
Publisher : Springer Science & Business Media
Page : 271 pages
File Size : 51,7 Mb
Release : 2014-03-20
Category : Law
ISBN : 9783319043739

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The Impact of WTO SPS Law on EU Food Regulations by Chris Downes Pdf

This book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations. Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes. It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms – the WTO SPS Committee and Codex Alimentarius – to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations.

Author : OECD
Publisher : OECD Publishing
Page : 176 pages
File Size : 44,6 Mb
Release : 2003-12-22
Category : Electronic
ISBN : 9789264105423

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The Impact of Regulations on Agro-Food Trade The Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary Measures (SPS) Agreements by OECD Pdf

This report examines pertinent issues at the interface between domestic policy objectives, technical regulations and agricultural trade. It also discusses approaches to measuring the trade impacts of food safety and other technical measures.

Author : Onsando Osiemo
Publisher : Taylor & Francis
Page : 236 pages
File Size : 45,7 Mb
Release : 2016-09-15
Category : Law
ISBN : 9781315526607

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Food Safety Standards in International Trade by Onsando Osiemo Pdf

Food safety has become a major concern for consumers in the developed world and Europe in particular. This has been highlighted by the recent spate of food scares ranging from the BSE (mad cow) crisis to Chinese melamine contamination of baby formula. To ensure food safety throughout Europe, stringent food safety standards have been put in place ‘from farm to fork’. At the same time, poor African countries in the COMESA rely on their food exports to the European market to achieve their development goals yet have difficulty meeting the EU food safety standards. This book examines the impact of EU food safety standards on food imports from COMESA countries. It also critically examines both EU and COMESA food safety standards in light of the WTO SPS Agreement and the jurisprudence of the WTO panels and Appellate Body. The book makes ground-breaking proposals on how the standards divide between the EU and the COMESA can be bridged and discusses the impact of EU food safety standards on food imports from poor African countries.

Author : Tracey Epps
Publisher : Edward Elgar Publishing
Page : 365 pages
File Size : 51,5 Mb
Release : 2008-01-01
Category : Technology & Engineering
ISBN : 9781848443877

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International Trade and Health Protection by Tracey Epps Pdf

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 : Anna Szajkowska
Publisher : BRILL
Page : 155 pages
File Size : 45,8 Mb
Release : 2023-09-04
Category : Law
ISBN : 9789086867509

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Regulating food law by Anna Szajkowska Pdf

Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.

Author : Alberto Alemanno
Publisher : Cameron May
Page : 540 pages
File Size : 55,5 Mb
Release : 2007
Category : Business & Economics
ISBN : 9781905017379

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Trade in Food by Alberto Alemanno Pdf

Trade in Food surveys and explores the evolution of the European Community's regulation of food within the broader framework set out by the WTO Agreements. Its main purpose is to provide readers keen to deepen their knowledge of the field with easy access to the EC and WTO food laws accompanied by a critical explanation and commentary. The book is suitable for legal practitioners, judges, policy-makers, officials of international organizations as well as post graduate students of international trade law and policy, international and European economic law, global administrative law and risk regulation.

Author : Birgitte Egelund Olsen,Michael Steinicke
Publisher : Kluwer Law International B.V.
Page : 515 pages
File Size : 48,9 Mb
Release : 2012-02-01
Category : Law
ISBN : 9789041141958

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WTO Law by Birgitte Egelund Olsen,Michael Steinicke Pdf

The European Union (EU) and the World Trade Organization (WTO) share the distinction of having proven themselves as the two most successful large-scale international trade regulation regimes. This very useful book analyses the core legal concepts and rules that characterise the regulation of trade in the WTO. At the heart of the analysis is a comparison of WTO rules with parallel rules in the EU trade system, revealing how similar trade issues are dealt with in the two systems – a perspective that not only sheds light on how WTO law and EU law interact, but also greatly facilitates an understanding of the special features of WTO law for readers who are more familiar with EU law. Within this framework, the authors explore such key trade issues as the following: dispute settlement; implementation of judicial decisions and enforcement; principles of non-discrimination; trade in goods; non-discriminatory restrictions as barriers to trade; exceptions from trade-liberalisation obligations; trade and environmental protection;trade in agricultural products; conditions for applying safeguard and anti-dumping measures; prohibited and actionable subsidies; regulation of services; protection of intellectual property rights; regional trade agreements; special and differential treatments; government procurement; competition policy; and regulation of investment. As a timely and accessible analysis of the WTO and its interaction with the EU, this book is sure to be welcomed by international trade professionals, government officials, and interested academics, students, and researchers.

Author : Lukasz Gruszczynski
Publisher : Oxford University Press
Page : 385 pages
File Size : 52,9 Mb
Release : 2023-07-25
Category : Law
ISBN : 9780192659798

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The WTO Agreement on Sanitary and Phytosanitary Measures by Lukasz Gruszczynski Pdf

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 : Cinzia Caporale,Ilja Richard Pavone,Maria Pia Ragionieri
Publisher : Kluwer Law International B.V.
Page : 511 pages
File Size : 43,8 Mb
Release : 2021-05-21
Category : Law
ISBN : 9789403518121

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International Food Law by Cinzia Caporale,Ilja Richard Pavone,Maria Pia Ragionieri Pdf

estation, habitat destruction and zoonoses; food naming and labelling; and food risk management. Throughout there is reference to an abundance of legislation, treaties, conventions, and case law at domestic, regional, and international levels, with particular attention to European, US, and World Trade Organization law and the work of the FAO. The book clearly demonstrates the necessity for reform of the global system of food production in the direction of a more sustainable and environment-friendly model. In its authoritative discussion of the relations among fields of law that are rarely discussed together – food law and the environment, food law and human rights, food law and animal welfare – this collection of chapters will prove a valuable resource both for officials working in food governance and security and for lawyers and scholars concerned with environmental management, sustainable development, and human rights around the world.

Author : Ming Du
Publisher : Bloomsbury Publishing
Page : 348 pages
File Size : 49,5 Mb
Release : 2020-11-12
Category : Law
ISBN : 9781509931156

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The Regulation of Product Standards in World Trade Law by Ming Du Pdf

This monograph has two central purposes. The first is to provide a critical analysis of how governmental, private and hybrid product standards are regulated in the GATT/WTO legal framework. The second purpose is to explore – both positively and normatively – the impact that WTO disciplines may have on the composition, function and decision-making process of various standard-setting bodies through the lens of a series of selected case studies, including: the EU eco-labelling scheme; ISO standards; and private standards such as the FSC. The book analyses what role, if any, the WTO may play in making product standards applied in international trade embody not only technological superiority but also substantive and procedural fairness such as deliberation, representativeness, openness, transparency, due process and accountability. Whilst it has been long recognised that voluntary product standards drawn up by both governmental and non-governmental bodies can in practice create trade barriers as serious as mandatory governmental regulations, a rigorous and systematic inquiry into the boundary, relevance and impact of WTO disciplines on product standards is still lacking. Providing a lucid interpretation of the relevant WTO rules and cases on product standards, this book fills this significant gap in WTO law literature. Definitive and comprehensive, this is an essential reference work for scholars and practitioners alike.

Author : Mark A. Pollack,Gregory C. Shaffer
Publisher : OUP Oxford
Page : 464 pages
File Size : 43,9 Mb
Release : 2009-05-21
Category : Political Science
ISBN : 9780191568909

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When Cooperation Fails by Mark A. Pollack,Gregory C. Shaffer Pdf

The transatlantic dispute over genetically modified organisms (GMOs) has brought into conflict the United States and the European Union, two long-time allies and economically interdependent democracies with a long record of successful cooperation. Yet the dispute - pitting a largely acceptant US against an EU deeply suspicious of GMOs - has developed into one of the most bitter and intractable transatlantic and global conflicts, resisting efforts at negotiated resolution and resulting in a bitterly contested legal battle before the World Trade Organization. Professors Pollack and Shaffer investigate the obstacles to reconciling regulatory differences among nations through international cooperation, using the lens of the GMO dispute. The book addresses the dynamic interactions of domestic law and politics, transnational networks, international regimes, and global markets, through a theoretically grounded and empirically comprehensive analysis of the governance of GM foods and crops. They demonstrate that the deeply politicized, entrenched and path-dependent nature of the regulation of GMOs in the US and the EU has fundamentally shaped negotiations and decision-making at the international level, limiting the prospects for deliberation and providing incentives for both sides to engage in hard bargaining and to "shop" for favorable international forums. They then assess the impacts, and the limits, of international pressures on domestic US and European law, politics and business practice, which have remained strikingly resistant to change. International cooperation in areas like GMO regulation, the authors conclude, must overcome multiple obstacles, legal and political, domestic and international. Any effective response to this persistent dispute, they argue, must recognize both the obstacles to successful cooperation, and the options that remain for each side when cooperation fails.

Author : Geert A. Zonnekeyn
Publisher : Cameron May, Limited
Page : 290 pages
File Size : 49,6 Mb
Release : 2008
Category : Business & Economics
ISBN : STANFORD:36105134446892

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Direct Effect of WTO Law by Geert A. Zonnekeyn Pdf

The effect of the WTO Agreements within the legal order of the EU has been the object of fierce controversy in the case law of the Court of First Instance and of the European Court of Justice ever since the conception of the WTO. The case law of the European Courts clearly indicates that practitioners seem to have explored practically all the boundaries of this extremely fascinating subject. This book is a collection of essays written over a period of more than ten years and chronicles the evolution in the case law on the European Courts in Luxembourg on the enforceability of GATT and WTO law in the EU legal order.

Author : Anonim
Publisher : Oxford University Press
Page : 433 pages
File Size : 53,7 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 9780192583383

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by Anonim Pdf

Author : Panos Delimatsis and Leonie Reins
Publisher : Edward Elgar Publishing
Page : 875 pages
File Size : 41,5 Mb
Release : 2021-12-14
Category : Law
ISBN : 9781783476985

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Trade and Environmental Law by Panos Delimatsis and Leonie Reins Pdf

This extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.

Author : Anonim
Publisher : Academic Press
Page : 2379 pages
File Size : 48,5 Mb
Release : 2015-08-26
Category : Technology & Engineering
ISBN : 9780123849533

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Encyclopedia of Food and Health by Anonim Pdf

The Encyclopedia of Food and Health, Five Volume Set provides users with a solid bridge of current and accurate information spanning food production and processing, from distribution and consumption to health effects. The Encyclopedia comprises five volumes, each containing comprehensive, thorough coverage, and a writing style that is succinct and straightforward. Users will find this to be a meticulously organized resource of the best available summary and conclusions on each topic. Written from a truly international perspective, and covering of all areas of food science and health in over 550 articles, with extensive cross-referencing and further reading at the end of each chapter, this updated encyclopedia is an invaluable resource for both research and educational needs. Identifies the essential nutrients and how to avoid their deficiencies Explores the use of diet to reduce disease risk and optimize health Compiles methods for detection and quantitation of food constituents, food additives and nutrients, and contaminants Contains coverage of all areas of food science and health in nearly 700 articles, with extensive cross-referencing and further reading at the end of each chapter