Understanding The World Trade Organization Agreement On Sanitary And Phytosanitary Measures
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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.
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).
The Economics of Quarantine and the SPS Agreement by Kym Anderson,Cheryl McRae Pdf
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.
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).
International Trade Law Center,Arthur E. Appleton,Michael G. Plummer
Author : International Trade Law Center,Arthur E. Appleton,Michael G. Plummer Publisher : Springer Science & Business Media Page : 3142 pages File Size : 54,9 Mb Release : 2007-12-31 Category : Law ISBN : 9780387226880
The World Trade Organization by International Trade Law Center,Arthur E. Appleton,Michael G. Plummer Pdf
The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.
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.
Regional Trade Agreements and the Multilateral Trading System by Rohini Acharya Pdf
This book explores bilateral and regional trade agreements, and examines how they are changing international trade rules. It offers 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 regional trade agreements.
The WTO Agreement on Sanitary and Phytosanitary Measures by Joanne Scott Pdf
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.
International Classification of Non-Tariff Measures 2019 by United Nations Pdf
Non-tariff measures are generally defined as policy measures other than ordinary customs tariffs that can potentially have an economic effect on international trade in goods, changing quantities traded, or prices or both. Since this definition is broad, a detailed classification is of critical importance so as to better identify and distinguish among the various forms of non-tariff measures. The classification of non-tariff measures presented here is a taxonomy of all those measures considered relevant in international trade today. It builds on an old UNCTAD classification known as the Coding System of Trade Control Measures and was developed by several international organizations forming what is called the MAST group (Multi-Agency Support Team) set up to support the Group of Eminent Persons on Non-tariff Barriers established by the Secretary General of UNCTAD in 2006. The MAST team discussed and proposed this classification, and is composed of: FAO, IMF, ITC, OECD, UNCTAD, UNIDO, World Bank and WTO. The classification is seen as evolving and should adapt to the reality of international trade and data collection needs.
The World Trade Organization by Mitsuo Matsushita,Thomas J. Schoenbaum,Petros C. Mavroidis,Michael Hahn Pdf
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
Most-favoured-nation Treatment by United Nations Conference on Trade and Development Pdf
The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.
