Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement

Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement

by Lukasz Gruszczynski
     
 

ISBN-10: 0199578923

ISBN-13: 9780199578924

Pub. Date: 04/30/2010

Publisher: Oxford University Press


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…  See more details below

Overview


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. Regulating Health and Environmental Risks under the WTO Law examines the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). In which it 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.

Read More

Product Details

ISBN-13:
9780199578924
Publisher:
Oxford University Press
Publication date:
04/30/2010
Edition description:
New Edition
Pages:
360
Product dimensions:
6.40(w) x 9.30(h) x 1.00(d)

Table of Contents

1 Risk and Risk Regulation 7

2 The SPS Agreements within the WTO System 35

3 Harmonization Disciplines of the SPS Agreement 75

4 Science, Risk Assessment, and the SPS Agreement 107

5 Precaution and the SPS Agreement 157

6 Risk Management Disciplines and the SPS Agreement 219

7 Concluding Remarks 271

Bibliography 283

Index 297

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >