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Journal articles on the topic 'Agreement on the Application of Sanitary and Phytosanitary Measures'

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Published: 4 June 2021

Last updated: 27 July 2025

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1

Karpinska, Nataliia. "Private Standards of Non-Governmental Organizations in the Field of Sanitary and Phytosanitary Measures Application." Theory and practice of jurisprudence 1, no. (25) (2024): 215–26. https://doi.org/10.21564/2225-6555.2024.1(25).306608.

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The relevance of the article is as follows: on the one hand, the importance of sanitary and phytosanitary measures as an integrating category, a category that stands at the crossroads of agrarian, environmental, social and international policies is not yet fully realised and therefore significantly underestimated; on the other hand, at the present stage, it is impossible to ignore the objective growth of the role and importance of non-governmental organisations in regulating the relations in the field of sanitary and phytosanitary measures. The purpose of the article is to identify and highlig

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2

Marchenko, S. I. "Legal bases of the state agrarian policy of Ukraine regarding sanitary and phytosanitary measures under martial law." Uzhhorod National University Herald. Series: Law 2, no. 76 (2023): 24–28. http://dx.doi.org/10.24144/2307-3322.2022.76.2.3.

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The article is devoted to the study of the legal foundations of the state of the agrarian policy of Ukraine regarding sanitary and phytosanitary measures in the conditions martial law in Ukraine. On the one hand, Ukraine’s membership in the WTO makes it possible agrarian business to gradually integrate into the world market economy, and with the other - puts forward the obligation to the state to implement it in the national one legislation, tools for protecting the interests of the national agrarian producer both in domestic and foreign agricultural markets. To such tools include sanitary and

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3

CHILLAUD, T. "The World Trade Organization Agreement on the application of sanitary and phytosanitary measures." Revue Scientifique et Technique de l'OIE 15, no. 2 (1996): 733–51. http://dx.doi.org/10.20506/rst.15.2.945.

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4

Wagner, Markus. "The Future of Sanitary and Phytosanitary Governance: SPS-Plus or SPS-Minus?" Journal of World Trade 51, Issue 3 (2017): 445–69. http://dx.doi.org/10.54648/trad2017018.

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Food safety plays an increasingly important role in today’s interdependent trading relations. The existing multilateral rules embodied in the World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures are increasingly being supplemented by a series of bilateral and multilateral agreements. Unlike debates surrounding intellectual property rights, the negotiations concerning SPS rules in preferential trade agreements are rarely analysed in a systematic and detailed manner. The article uses the SPS Chapter negotiated for purposes of the Trans-Pacific

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이성형 and Cheongghi Chun. "A Study on The Application of Provisional Measures Under The Agreement on Sanitary and Phytosanitary Measures." KOREA INTERNATIONAL COMMERCIAL REVIEW 27, no. 4 (2012): 229–45. http://dx.doi.org/10.18104/kaic.27.4.201212.229.

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6

Jamieson, L. E., H. N. DeSilva, S. P. Worner, D. J. Rogers, M. G. Hill, and J. T. S. Walker. "A review of methods for assessing and managing market access and biosecurity risks using systems approaches." New Zealand Plant Protection 66 (January 8, 2013): 1–9. http://dx.doi.org/10.30843/nzpp.2013.66.5511.

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Systems approaches to managing risks on a pathway are increasingly seen as alternatives to singlepoint risk management treatments applied at the border One key challenge of systems approaches is the difficulty in measuring risk management effectiveness across an entire pathway comprising many complex processes The World Trade Organisation (WTO) agreement on the application of Sanitary and Phytosanitary measures (SPS) states that measures must be applied only to the extent required to achieve an appropriate degree of sanitary/phytosanitary protection (not unnecessarily traderestrictive) and mus

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7

Чуйко, Наталия, and Nataliya Chuyko. "International Law Standards and Regulation of Safety of Food in the WTO Law." Journal of Russian Law 2, no. 8 (2014): 126–36. http://dx.doi.org/10.12737/5284.

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International legal standards along with norms and principles of international law recently take hold and gain more acceptance by the states. Strengthening of their role in the international law system is connected to the globalization processes of legal framework at the international level and the internationalization of rules at the national level. Orientation on the international standards in the sphere of food safety becomes more relevant in the light of Russia’s accession to the World Trade Organization due to the fact that regulation of multilateral food trade is not limited only to the

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8

RASHEVA, Gulnur K., Gulnar T. AIGARINOVA, and Kulyash N. AIDARKHANOVA. "International Legal Aspects for Ensuring Phytosanitary Safety on the Example of the Analysis of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures." Journal of Environmental Management and Tourism 10, no. 5 (2019): 1037. http://dx.doi.org/10.14505//jemt.v10.5(37).11.

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Ensuring phytosanitary safety is one of the most important tasks of our time, which arose as a result of the growing processes of globalization and internationalization of legal systems and the world economy, as well as scientific and technological progress, which led to the fact that changes in one country have become a threat to other countries. The aim of this research is a comprehensive study of the international legal regulation of phytosanitary safety in the framework of the World Trade Organization, as well as its impact on the member countries of the organization and the legislation of

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9

Dhall, Niharika. "The WTO Compatibility of the Indian AI Import Ban." Global Trade and Customs Journal 10, Issue 9 (2015): 323–26. http://dx.doi.org/10.54648/gtcj2015038.

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The World Trade Organization (WTO) Appellate Body has confirmed that India’s Avian Influenza measure prohibiting the import of livestock and livestock products from countries reporting Avian Influenza is incompatible with the WTO Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures as the application of the import ban was not based on a risk assessment or relevant international standards, appropriate to the circumstances.

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Vorontsova, N. A. "SPS Measures as Hidden Barriers to International Trade within WTO and EAEU (theory and practice)." Moscow Journal of International Law, no. 1 (July 25, 2020): 66–78. http://dx.doi.org/10.24833/0869-0049-2020-1-66-78.

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INTRODUCTION. Since there are many threats in the modern world, states consider the essence of security in its various manifestations. A rather extensive understanding of security should be noted, as this concept applies to multiple directions of our life. So-called SPS measures are one of the vectors aimed at ensuring safety (protection) of human life and health. The scientific literature covers rather extensively SPS measures, taken by states, which include mandatory sanitary, veterinary and quarantine phytosanitary requirements and procedures. The novelty of the study is that SPS measures w

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11

Irish, Maureen. "Global Public Policy and the World Trade Organization after Shrimp/Turtle and Asbestos." Canadian Yearbook of international Law/Annuaire canadien de droit international 42 (2005): 253–352. http://dx.doi.org/10.1017/s0069005800008535.

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SummaryRecent decisions of the Appellate Body of the WTO deal with the interpretation of GATT Article XX, which provides exemptions from trade obligations for important non-trade policies such as the protection of health and the environment. The article discusses those decisions, as well as the balance between trade and non-trade interests in the provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade.

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12

Rigod, B. "The Purpose of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS)." European Journal of International Law 24, no. 2 (2013): 503–32. http://dx.doi.org/10.1093/ejil/cht019.

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13

Sohlberg, Marcus, and Ariane Yvon. "Korea – Import Bans, and Testing and Certification Requirements for Radionuclides (Korea–Radionuclides (Japan)), DS495." World Trade Review 18, no. 3 (2019): 533–35. http://dx.doi.org/10.1017/s1474745619000314.

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The dispute concerns a variety of Korean measures imposed in relation to food imports from Japan following its nuclear accident at Fukushima Dai-ichi Nuclear Power Plant on 11 March 2011. Korea imposed import bans and additional testing and certification requirements in relation to a broad range of fish and non-fishery products from Japan to ensure food safety arising from the possible presence of radionuclides in the food imports. These measures were subject to challenge by Japan under the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (‘SPS Agreement’), which applies

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14

Abdollahi, Mohsen, and Shahriar Kazemi Azar. "Trade in Nanotechnology: Can the WTO Provide an Objective Balance Between the Risks and Benefits?" Global Trade and Customs Journal 14, Issue 11/12 (2019): 553–62. http://dx.doi.org/10.54648/gtcj2019067.

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A strict definition of nanotechnology characterizes it as the manipulation of atoms and molecules at the scale of approximately one-billionth of a metre (one nanometre) or smaller in size. Scientific activity at such a scale has provided enormous potential, especially in the environmental field. Nonetheless, recent studies show that nanoparticles present unique and significant health risks. These unique risks raise the questions whether the nanoscale products traded daily regulation should be subject to the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)

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15

Newman, Karl, and Francis Snyder. "II. Agriculture, Environment and Fisheries." International and Comparative Law Quarterly 45, no. 3 (1996): 740–49. http://dx.doi.org/10.1017/s0020589300059480.

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By far the most significant recent developments in the field of agriculture stem from the Uruguay Round concluded in Marrakesh on 15 April 1994. Subject to ratification by all signatories, the Final Act and the WTO Agreement may be expected to complement the MacSharry reforms1 in leading to substantial changes in the Common Agricultural Policy (CAP).2 Of special importance are the Agreement on Agriculture and the Agreement on the Application of Sanitary and Phytosanitary Measures.3 The same may be said of the International Dairy Arrangement4 and of the Arrangement regarding Bovine Meat negotia

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ALCALA, R., H. VITIKKALA, and G. FERLET. "The World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures and veterinary control procedures." Revue Scientifique et Technique de l'OIE 39, no. 1 (2020): 253–61. http://dx.doi.org/10.20506/rst.39.1.3078.

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WOUTERS, JAN, and DYLAN GERAETS. "Private food standards and the World Trade Organization: some legal considerations." World Trade Review 11, no. 3 (2012): 479–89. http://dx.doi.org/10.1017/s1474745612000237.

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AbstractPrivate standards have increasingly become a contentious issue in the multilateral trading system. The ever increasing number of sector-specific standards developed by businesses, in particular in the food market, may have significant implications for developing countries in terms of market access. Some countries see private food standards as a particular form of non-tariff barriers. The World Trade Organization (WTO) deals with non-tariff barriers in the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) and in the Agreement on Technical Barriers to Trade (TBT Agreement)

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18

Du, Michael M. "Reducing Product Standards Heterogeneity through International Standards in the WTO: How Far across the River?" Journal of World Trade 44, Issue 2 (2010): 295–318. http://dx.doi.org/10.54648/trad2010010.

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Heterogeneity in product standards across World Trade Organization (WTO) Members adversely affects the international flow of goods and its reduction will increase global economic welfare if legitimate regulatory objectives are not violated. The Uruguay Round has seen the incorporation of international standards in both the Agreement on Technical Barriers to Trade (TBT) and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) Agreement as a harmonization device. Despite many benefits that international standards may offer, WTO’s attachment to international standards has

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19

Sandford, Iain. "Hormonal Imbalance? Balancing Free Trade and the Need for SPS Measures after the Decision in Hormones." Victoria University of Wellington Law Review 29, no. 2 (1999): 389. http://dx.doi.org/10.26686/vuwlr.v29i2.6032.

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The Agreement on the Application of Sanitary and Phytosanitary Measures was negotiated during the Uruguay Round of multilateral trade negotiations to ensure that measures taken to protect humans and animals from foodborne risks, and to protect plants, animals and people from the risks of pests and diseases (SPS measures) were imposed only where they were justified. As such, the Agreement implicitly struck a balance between the freedom of World Trade Organization (WTO) Members to impose such legitimate measures and the objective of minimising trade disruptions. This article explores how this im

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20

Reid, Emily. "Risk Assessment, Science and Deliberation: Managing Regulatory Diversity under the SPS Agreement?" European Journal of Risk Regulation 3, no. 4 (2012): 535–44. http://dx.doi.org/10.1017/s1867299x00002452.

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The adoption by WTO Members of measures relating to the protection of health and life of animals, plants and humans is regulated by the WTO Sanitary and Phytosanitary (SPS)Agreement. A fundamental question in the application of this agreement concerns the distinction to be drawn between legitimate regulation and unlawful restriction of trade. This distinction can be difficult to discern, particularly since different communities have different levels of tolerance for risk, which leads to varying national regulatory decisions. This paper critically examines the approach taken to this question in

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21

EPPS, TRACEY. "Reconciling public opinion and WTO rules under the SPS Agreement." World Trade Review 7, no. 2 (2008): 359–92. http://dx.doi.org/10.1017/s1474745608003819.

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AbstractThe WTO Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) allows Members to enact SPS measures necessary to protect health so long as they are based on scientific evidence. This scientific evidence requirement has attracted controversy among academics, policy-makers, and civil society. The argument has been advanced that the requirement inappropriately excludes the consideration of public opinion in the domestic risk regulatory decision-making process. The article addresses the question of whether it is possible to reconcile the SPS Agreement's req

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22

VILLALTA PUIG, GONZALO, and ERIC D. DALKE. "Nature and Enforceability of WTO-plus SPS and TBT Provisions in Canada's PTAs: From NAFTA to CETA." World Trade Review 15, no. 1 (2015): 51–83. http://dx.doi.org/10.1017/s1474745615000464.

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AbstractSafety standards can function as non-tariff barriers to trade. Canada is a large exporter of goods and so it has an interest in the regulation of safety standards, both at the multilateral level through its membership of the World Trade Organization (WTO) and, most especially, at the bilateral and regional level through its Preferential Trade Agreements (PTAs). Canada has signed PTAs with provisions that go beyond the obligations of WTO Members under the Agreement on the Application of Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade. This article an

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23

HAMADA, Taro, and Yoshimichi ISHIKAWA. "Are Korea’s Import Bans on Japanese Foods Based on Scientific Principles? Comments on Reports of the Panel and the Appellate Body on Korean Import Bans and Testing and Certification Requirements for Radionuclides (WT/DS495)." European Journal of Risk Regulation 11, no. 1 (2019): 155–76. http://dx.doi.org/10.1017/err.2019.58.

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This study focuses on the dispute over Korea’s import bans and the additional testing and certification requirements for Japanese foods and analyses the relevant findings of the reports of the Panel and the Appellate Body of the World Trade Organisation’s dispute settlement mechanism (DSM). Although the Panel had found that Korea’s measures were inconsistent with the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), the Appellate Body reversed most of these findings. Korea notified that it had completed the implementation of the reports of the Panel and the A

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24

Shin, Yukyun ‘Harry’. "An Analysis of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures and its Implementation in Korea." Journal of World Trade 32, Issue 1 (1998): 85–119. http://dx.doi.org/10.54648/trad1998007.

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25

Lee, Yong-Shik. "Regulatory Autonomy under the WTO Agreement on Sanitary and Phytosanitary Measures: Implications of Korea–Import Bans, and Testing and Certification Requirements for Radionuclides." World Trade Review 20, no. 3 (2021): 321–42. http://dx.doi.org/10.1017/s147474562100001x.

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AbstractThe recent WTO dispute case, Korea–Import Bans, and Testing and Certification Requirements for Radionuclides, illustrates complex legal issues and significant political implications associated with the regulatory autonomy of a sovereign country under the WTO Agreement on Sanitary and Phytosanitary Measures (SPS Agreement). There has been constant tension between the sovereign right of a WTO member state to determine its own appropriate level of protection (ALOP) and the regulatory constraints imposed under the SPS Agreement to prevent abuse and disguised trade protection. The case emer

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D.A., Khabibrakhmanova, and Minniakhmetov I.S. "ORGANIZATION AND CONDUCT OF QUARANTINE PHYTOSANITARY CONTROL." Russian Electronic Scientific Journal 50, no. 4 (2023): 200–212. https://doi.org/10.31563/2308-9644-2023-50-4-200-212.

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The article analyzes the features of carrying out quarantine measures. In the Russian Federation, Rosselkhoznadzor is the main supervisory authority. Rosselkhoznadzor helps to detect and identify harmful organisms of the Federal State Budgetary Institution "All-Russian Center for Plant Quarantine" - the central laboratory of Russia for plant quarantine. The standards are set accordingly by the above-mentioned body. Quarantine activities are regulated by the Federal Law “On Plant Quarantine” dated July 21, 2014 No. 206. In accordance with paragraph 1 of Art. 7 of the Customs Code of the Eurasia

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27

Lang, Andrew T. F. "Provisional Measures Under Article 5.7 of the WTO’s Agreement on Sanitary and Phytosanitary Measures: Some Criticisms of the Jurisprudence So Far." Journal of World Trade 42, Issue 6 (2008): 1085–106. http://dx.doi.org/10.54648/trad2008044.

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The purpose of this article is to identify two potential diffi culties in the application of Article 5.7 which appear to follow from certain statements made by panels and the Appellate Body in the jurisprudence under that Article so far. The fi rst relates to the situation in which a WTO Member legitimately takes provisional measures under Article 5.7, but refuses to conduct further research as required by that Article. In such circumstances, it is argued, the relevant violation is the failure to conduct further research, not the taking of provisional measures – and the solution must therefore

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28

Furculi?a, Cornelia. "Regionalization Within the SPS Agreement After Russia Pigs (EU)." Legal Issues of Economic Integration 45, Issue 1 (2018): 95–109. http://dx.doi.org/10.54648/leie2018005.

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Until recently, the issue of regionalization was only superficially addressed in both practice and scholarship compared to other provisions of the WTO Sanitary and Phytosanitary Agreement. The notion of regionalization, established in Article 6 of the SPS Agreement, secures that SPS measures are not based on political borders of the Members but adapted to the specific conditions of regions. Thus, Article 6 establishes an important right of the Members to ensure access to other Members’ markets for products originating in disease-free areas. Recently, several disputes with respect to regionaliz

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Botterill, Linda Courtenay, and Carsten Daugbjerg. "Commensalistic institutions and value conflicts: the World Trade Organization and global private food standards." European Political Science Review 7, no. 1 (2014): 23–42. http://dx.doi.org/10.1017/s1755773913000295.

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An important outcome of the Uruguay Round of multilateral trade negotiations was the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). This was set up to discipline the use of national food safety and animal and plant health regulations and to prevent their emergence as technical barriers to trade. The Agreement privileges free trade and scientific evidence, thus excluding many ethical considerations from the regulations that national governments can enact in relation to production methods in the agri-food chain. Autonomously from the SPS Agreement, a number

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Douma, Wybe Th, and M. Jacobs. "The Beef Hormones Dispute and the Use of National Standards under WTO Law." European Energy and Environmental Law Review 8, Issue 5 (1999): 137–44. http://dx.doi.org/10.54648/eelr1999021.

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The quest for balance between the interests of trade and the interests of the environment; whether it is necessary to amend the WTO/GATT rules to allow members to set their own higher standards for the protection of health, safety, the environment and biodiversity; the GATT 1994; the Agreement on Technical Barriers to Trade ("TBT"); and the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS"); the restraints on members' freedom to adopt and enforce national standards; Article 5 of the SPS-risk assessment, the proportionality test and the precautionary principle The Beef

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Alcover, Maria. "Russian Federation – Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (Russia–Pigs (EU)), DS475." World Trade Review 16, no. 4 (2017): 757–61. http://dx.doi.org/10.1017/s1474745617000404.

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This dispute arose after African Swine Fever (ASF), a highly contagious disease of pigs, was detected in four member States of the European Union (EU) and Russia stopped accepting imports of pigs and pig products from the EU. The EU presented claims with respect to two measures: (i) the ‘EU-wide ban’, consisting of Russia's ban on the importation of the products at issue from the entire EU; and (ii) the ‘country-specific import bans’ imposed by Russia on imports from the four EU member States – Estonia, Latvia, Lithuania, and Poland. There were two categories of products at issue: ‘treated pro

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HAMILTON, A. "Facilitating market access: risk assessment, equivalence and regionalisation provisions in the Agreement on the Application of Sanitary and Phytosanitary Measures." Revue Scientifique et Technique de l'OIE 39, no. 1 (2020): 81–91. http://dx.doi.org/10.20506/rst.39.1.3064.

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Kireeva, Irina. "International Trade and Plant Protection Issues: Example of Plant Quarantine Law of the Russian Federation." Journal of World Trade 44, Issue 3 (2010): 591–609. http://dx.doi.org/10.54648/trad2010021.

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In the context of the Russian Federation’s significant trade relations in plants and plant products with other countries, the Russian Federation Law on Plant Quarantine was reviewed in comparison with the International Plant Protection Convention (IPPC) and the EC Plant Health Directive (2000/29/EC). The Russian Law dates from 2001 when the current version of the IPPC (‘1997 revision’) was already in place but basically adopts the plant health principles of the previous version. Hence, some key provisions of the 1997 version that bring the IPPC in line with the Agreement on the Application of

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Cai, Yan, and Eunmi Kim. "Sustainable Development in World Trade Law: Application of the Precautionary Principle in Korea-Radionuclides." Sustainability 11, no. 7 (2019): 1942. http://dx.doi.org/10.3390/su11071942.

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Sustainable development (SD) is one of the objectives of the World Trade Organization (WTO), and in order to achieve SD, the precautionary principle (PP) is one of the most appropriate means that can be used. This study aims to explore whether the WTO promotes SD through its legal interpretation of the PP and to provide suggestions for realizing the balance between trade liberalization and sustainable development in the WTO. To this end, this study conducts a case analysis on the Korea-Import Bans, and Testing and Certification Requirements for Radionuclides (DS495) dispute from legal and poli

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GOBIND DASWANI, A., and K. BUCHER. "International regulatory cooperation: contribution of the OIE and the WTO Agreement on the Application of Sanitary and Phytosanitary Measures and SPS Committee." Revue Scientifique et Technique de l'OIE 39, no. 1 (2020): 47–55. http://dx.doi.org/10.20506/rst.39.1.3061.

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ROBERTS, DONNA, and LAURIAN UNNEVEHR. "Resolving trade disputes arising from trends in food safety regulation: the role of the multilateral governance framework." World Trade Review 4, no. 3 (2005): 469–97. http://dx.doi.org/10.1017/s1474745605002466.

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New food regulations may impede international trade, but multilateral mechanisms can resolve trade conflicts when they do arise. Food safety regulation in industrialized countries during the 1990s increasingly uses risk analysis in a farm-to-table approach, promotes the Hazard Analysis and Critical Control Point (HACCP) system, and increases the stringency of standards or creates new regulations for hazards. The 1995 Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), negotiated by World Trade Organization (WTO) members, establishes a framework to reduce their

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Bodansky, Daniel, and Simon Lester. "European Communities —Measures Affecting the Approval and Marketing of Biotech Products. WT/DS291/R, WT/DS292/R, & WT/DS293/R." American Journal of International Law 101, no. 2 (2007): 453–59. http://dx.doi.org/10.1017/s0002930000030177.

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European Communities—Measures Affecting the Approval and Marketing of Biotech Products. WT/DS291/R, WT/DS292/R, & WT/DS293/R. At <http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm>.World Trade Organization Panel, September 29, 2006 (adopted November 21, 2006).In what was by far the longest panel report in the World Trade Organization’s history, a WTO panel ruled last September that various parts of the European Communities’ regulatory regime for the approval and marketing of “biotech products” (that is, products that contain, or are made from or with, genetically modifie

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Black, Robert. "Reforming Biosecurity Legislation in Developing Countries: Increasing Market Access or Maintaining Unequal Terms of Trade?" Journal of World Trade 53, Issue 5 (2019): 833–54. http://dx.doi.org/10.54648/trad2019033.

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This article explores the challenges faced by developing and transitional countries (For the purposes of this article, Former Soviet Union (FSU) countries now mostly in the Commonwealth of Independent States (CIS), with the exception of the Russian Federation itself, are included in the term ‘developing countries’.) in international trade in agricultural goods and other natural resource products in compliance with the normative framework of the World Trade Organisation, and in particular of the Agreement on the Application on Sanitary and Phytosanitary Measures (‘SPS Agreement’). It details th

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Naiki, Yoshiko. "Accountability and Legitimacy in Global Health and Safety Governance: The World Trade Organization, the SPS Committee, and International Standard-Setting Organizations." Journal of World Trade 43, Issue 6 (2009): 1255–79. http://dx.doi.org/10.54648/trad2009049.

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Following the creation of the World Trade Organization (WTO) and the application of the WTO’s Sanitary and Phytosanitary Agreement (hereinafter ‘SPS Agreement), concerns over health and safety have become increasingly predominant in the international trade regime. While rulings under the WTO dispute settlement procedure, as in the case of European Communities – Measures Concerning Meat and Meat Products (Hormones) (hereinafter ‘EC-Hormones’) and European Communities – Measures Affecting the Approval and Marketing of Biotech Products (hereinafter ‘EC-Biotech(GMOs)’), have received most of the a

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40

Zhao, Jingjing. "Towards State Avoidance of Conflicts between the SPS Agreement and the Cartagena Protocol on Biosafety: A Fresh Perspective." Journal of World Trade 53, Issue 4 (2019): 625–46. http://dx.doi.org/10.54648/trad2019027.

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This article takes the relationship between the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and the Cartagena Protocol as a case study of the persisting debate on the potentially conflicting relationship between international trade and environmental laws. In order to investigate how conflicts between the treaties can best be avoided within the ambits of international law, this article focuses on the legal implications of the regulation of international trade in genetically modified organisms (GMOs), and studies the legislative and implementing activities

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Peel, Jacqueline. "OF APPLES AND ORANGES (AND HORMONES IN BEEF): SCIENCE AND THE STANDARD OF REVIEW IN WTO DISPUTES UNDER THE SPS AGREEMENT." International and Comparative Law Quarterly 61, no. 2 (2012): 427–58. http://dx.doi.org/10.1017/s0020589312000024.

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AbstractThe standard of review applied by WTO decision-makers in disputes under the Sanitary and Phytosanitary (SPS) Measures Agreement plays a critical role in determining the scope of SPS risk regulatory authority afforded WTO Members by governing the degree to which such measures must be science-based. The standard of review question in SPS jurisprudence finds resonances in international environmental legal adjudication of highly technical disputes, as well as in comparative law concerning judicial review of science-based risk regulation in the United States and European Union. This article

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Fikri Fahmi Fahruqi. "A Contemporary View of Disrespecting the International Health Regulations During the COVID-19 Pandemic and Why." South-East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) 1, no. 1 (2024): 20–37. http://dx.doi.org/10.22146/seajalgov.v1i1.9924.

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This paper discusses an analysis of the legal framework of the 2005 International Health Regulations, specifically Article 43 in relation with the concept of “Additional Health Measures” and seeing how this Article, which currently lacks sufficient jurisprudence, is supposed to be applied within practice especially during pandemics such as COVID-19. The purpose of such is to form a guideline for States parties to this Regulation in its implementation, as is often seen within reality that there exists inconsistent application of it during pandemics, causing a considerable amount of its violatio

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Kalinina, L. E. "The Impact of the SPS Agreement on Food Legislation of the Russian Federation." Lex Russica 76, no. 12 (2023): 61–70. http://dx.doi.org/10.17803/1729-5920.2023.205.12.061-070.

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The paper analyzes the impact of the Agreement on the Application of Sanitary and Phytosanitary Measures on the food legislation of the Russian Federation. The author investigated the main provisions of this Agreement, and then analyzed how the member States of the World Trade Organization use the rules under consideration in law enforcement activities. The implementation of this international act is aimed, on the one hand, at the ability of States to take measures to protect humans and animals, and on the other hand, to ensure uniform market requirements. The approaches of States to the imple

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JOERGES, CHRISTIAN, and CHRISTINE GODT. "5 Free trade: the erosion of national, and the birth of transnational governance." European Review 13, S1 (2005): 93–117. http://dx.doi.org/10.1017/s1062798705000219.

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Free Trade has always been highly contested, but both the arguments about it and the treaties that regulate it have changed dramatically since the Second World War. Under the 1947 General Agreement on Tariffs and Trade (GATT) regime, objections to free trade were essentially economic, and tariffs were a nation state's primary means of protecting its interests. However, by the early 1970s, tariffs had been substantially reduced, and the imposition and removal of non-tariff barriers that reflected a wide range of domestic concerns about the protection of health, safety, and the environment have

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Barza, Eugênia Cristina Nilsen Ribeiro, and Natália Paulino Bonnomi. "SEGURANÇA ALIMENTAR E ORGANIZAÇÃO MUNDIAL DO COMÉRCIO: ANÁLISE CRÍTICA DO ACORDO SOBRE A APLICAÇÃO DE MEDIDAS SANITÁRIAS E FITOSSANITÁRIAS - DOI: http://dx.doi.org/10.5216/rfd.v41i2.44801." Revista da Faculdade de Direito da UFG 41, no. 2 (2017): 196. http://dx.doi.org/10.5216/rfd.v41i2.44801.

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Resumo: O objeto deste artigo é a análise do impacto do Acordo sobre a Aplicação de Medidas Sanitárias e Fitossanitárias (Acordo SPS) nas políticas regulatórias direcionadas à proteção da segurança alimentar. A problematização do trabalho consiste em demonstrar como o Acordo SPS pode orientar a regulação do Estado para que esta alcance o nível desejado de proteção sem ensejar barreiras protecionistas ao comércio. Para tanto, o presente artigo estuda as principais normas contidas no Acordo SPS, bem como avalia a disputa EC-Biotech, de modo a compreender o posicionamento da OMC acerca da regulaç

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Dong, Yinguo, Zhanyao Shan, and Jian Du. "Impact of Standard Differences on Position in Agricultural Global Value Chains." South Asian Journal of Social Studies and Economics 21, no. 12 (2024): 109–18. https://doi.org/10.9734/sajsse/2024/v21i12922.

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The development of agricultural global value chains (AGVCs) has led to the rapid development of intermediate goods trade, agricultural products need to cross between several countries, so that more different technical standards such as SPS (Agreement on the Application of Sanitary and Phytosanitary Measures) / TBT (Technical Barriers to Trade) between countries have been imposed by countries around the world with regard to the quality and safety of agricultural products, which lead the burden of trade costs increase prominent. This paper examines whether the extent to which SPS/TBT measures di

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Kim, Hyun-Jung. "A Research on Regionalization under the WTO SPS Agreement." Korea International Law Review 63 (October 31, 2022): 171–91. http://dx.doi.org/10.25197/kilr.2022.63.171.

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The World Trade Organization (hereinafter, WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (hereinafter, SPS Agreement) is the first multilateral agreement which elaborates on the principles of Article XX(b) of the General Agreement on Tariffs and Trade (GATT) 1994. The SPS Agreement aims to protect human, animal or plant life or health, and prevent those SPS measures from discriminating arbitrarily between the WTO members. Especially, it is important to understand the Adaptation to Regional Conditions (hereinafter, Regionalization) of Article 6 under the SPS Agr

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Orriss, Gregory D. "Food Fortification: Safety and Legislation." Food and Nutrition Bulletin 19, no. 2 (1998): 109–16. http://dx.doi.org/10.1177/156482659801900204.

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The Food and Agriculture Organization/World Health Organization (FAO/WHO) International Conference on Nutrition (ICN), held in Rome in December 1992, recognized the widespread occurrence of micronutrient deficiencies, particularly in developing countries. The conference recognized food-based approaches as the most effective way to address existing micronutrient deficiencies. These approaches must include appropriate strategies to assure dietary diversification, improved food availability, food preservation, nutrition education, and food fortification. The final report of the conference include

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Peci, Jurgen, and Ana I. Sanjuán. "Regulatory patterns in international pork trade and similarity with the EU SPS/TBT standards." Spanish Journal of Agricultural Research 18, no. 1 (2020): e0102. http://dx.doi.org/10.5424/sjar/2020181-15005.

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Aim of study: With the increasing protagonism of non-tariff measures (NTMs) in trade policy, better indexes are needed to depict the prevalence and similarity of NTMs across countries for further use in trade impact assessments.Area of study: Worldwide, with special focus on the European Union (EU)Material and methods: Using the TRAINS database on NTMs, we calculated and proposed some indicators, stressing both regulatory intensity and diversity, as well as similarity of regulatory patterns between trade partners. Our application focuses on pork trade and main importers, amongst which, the EU

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Mayank, Veer. "Do the Panels Treat Different Countries Differently: A Comparison of the Panel Report in the India Measures Concerning the Importation of Certain Agricultural Products from the Unit." Journal of World Trade 52, Issue 2 (2018): 331–50. http://dx.doi.org/10.54648/trad2018015.

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The panel report in the case concerning India – Measures Concerning the Importation of Certain Agricultural Products from the United States was circulated on 14October 2014. The dispute concerned India’s import prohibition affecting certain agricultural products from countries reporting Notifiable Avian Influenza (NAI) to theWorld Organization for Animal Health (OIE). The United States complained that India’s Avian Influenza (AI) measures amounted to an import prohibition that was not based on the relevant international standard (the OIE Terrestrial Code) or on a scientific risk assessment. Th

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