Details
- Insightful analysis of an agreement which is of importance not just to international trade lawyers, but to all those concerned about trade-related risks to human health and the environment
- Thorough examination of all the crucial cases in this field, including Beef Hormones and EC Biotech
- Features a comprehensive and detailed discussion of the central provisions of the SPS Agreement, including those which have not yet been interpreted in the case law
- Clear layout, structured analysis, and extensive referencing enable the reader to find information easily
The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has proved to be an efficient instrument for the elimination of trade and tariff barriers. This process coincided with increased national regulatory controls, which were particularly visible in the area of risk regulation. Governments, responding to the demands of their domestic constituencies, have adopted a wide range of regulatory measures aimed at protecting the environment and human health. Although, for the most part, the new regulatory initiatives served legitimate objectives, it has also turned out that internal measures might become an attractive vehicle for protectionism, taking the place that was traditionally occupied by tariff barriers. The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is an attempt by the international community to limit possible abuses while assuring WTO Members of an extensive margin of regulatory discretion.
The central problem that the book tackles is whether the system established by the SPS Agreement can address the existing and potential challenges of a new interdependent world. In answering this question, the author provides a comprehensive and critical examination of the substantive provisions of the Agreement and corresponding case law. In this context, the book particularly focuses on two issues: the consistency in the interpretation of the SPS Agreement and the appropriateness of its various requirements. This analysis leads the author to conclude that despite some interpretative failures of SPS case law, the system established by the SPS Agreement seems to provide an effective solution for the supervision of domestic SPS measures.
Readership: Scholars and students of international economic law, particularly WTO law and the regulation of risks to human health and the environment; practitioners of WTO law; government officials dealing with international trade and environmental and health risks
Introduction1: Risk and Risk Regulation2: The SPS Agreements within the WTO System3: Harmonization Disciplines of the SPS Agreement4: Science, Risk Assessment, and the SPS Agreement5: Precaution and the SPS Agreement6: Risk Management Disciplines and the SPS Agreement7: Concluding Remarks;
Lukasz Gruszczynski, Assistant Professor at the Institute of Legal Studies, Polish Academy of Science
"The book's strength lies in its detailed explication of case law...The book illustrates the value of close engagement with the text and jurisprudence of the SPS Agreement in understanding its significance for health and environmental risk regulation" - Jacqueline Peel, University of Melbourne
