The WTO Agreement on Sanitary and Phytosanitary Measures: A Commentary, 2nd Edition

Author: Joanne Scott
Publisher: Oxford University Press
ISBN: 9780192845191

Previous Edition ISBN: 9780199271122
Published In: August 2023
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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).

Introduction
1: Introducing the SPS Agreement
2: Co-operative Regulation in the WTO: The SPS Committee
3: Science and SPS
4: Additional Obligations
5: The Transparency Obligations
6: Control, Inspection and Approval Procedure
7: International Standards
8: SPS and Developing Countries
Agreement on the Application of Sanitary and Phytosanitary Measures

Joanne Scott, Professor of European Law, University College London

"Professor Scott's <i>The WTO Agreement on Sanitary and Phytosanitary Measures: A Commentary</i> is a gem: a well thematized guide that belongs on the shelves of all those with an academic or practical interest in the workings of the Agreement. Presented in a clear and scholarly style, this text hits its mark as one of the series of Oxford Commentaries on the GATT/WTO Agreements...Professor Scott's book if thoroughly to be recommended. The themes of the work are pragmatically and sensitively selected, and the text readable and helpful. A good balance is maintained between explanation and deeper investigation of significant points." - Caroline E. Foster, World Trade Review 8/3, 2009