The purpose of the WTO agreement on the application of sanitary and phytosanitary measures (SPS)

Among the WTO Agreements, the SPS Agreement provides for the strictest rules on domestic regulatory measures. Governments adopting measures to protect human, animal, and plant life and health have to comply with a plethora of obligations, exceeding the disciplines contained in the GATT and the TBT.... Deskribapen osoa

Egile nagusia: Rigod, Boris
Formatua: Artikulua
Hizkuntza: Ingelesa
Argitaratua: Oxford University Press 2013
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dialnet-ar-18-ART00005880572013-10-26The purpose of the WTO agreement on the application of sanitary and phytosanitary measures (SPS)Rigod, BorisAmong the WTO Agreements, the SPS Agreement provides for the strictest rules on domestic regulatory measures. Governments adopting measures to protect human, animal, and plant life and health have to comply with a plethora of obligations, exceeding the disciplines contained in the GATT and the TBT. Except for cases where scientific evidence is not available, they have to base regulatory measures on a scientific risk assessment, be it their own or one conducted by a third party. Given, on the one hand, the sensitivity of health and environmental concerns and, on the other, the constraints the treaty imposes on governments' ability to address them, the SPS Agreement has been widely criticized for undermining democratic self-government and also for introducing elements of "post-discrimination" into the world trade order. This article delves into the question whether the criticism is justified. To that end, it examines the purpose of the SPS Agreement on the basis of economic theory and the negotiating history. It shows that much of the criticism is exaggerated and that the SPS Agreement serves, as does every other WTO Agreement (except for the TRIPs), a single purpose: the preservation of market access commitments. This insight has wider implications, as it suggests that the "correct" application of the SPS should in fact lead neither to an (improper) impediment to democracy nor to a "post- discriminatory" trade regime.Oxford University Press2013text (article)http://dialnet.unirioja.es/servlet/oaiart?codigo=4312107(Revista) ISSN 0938-5428European journal of international law = Journal europeen de droit international, ISSN 0938-5428, Vol. 24, Nº 2, 2013, pags. 503-532engLICENCIA DE USO: Los documentos a texto completo incluidos en Dialnet son de acceso libre y propiedad de sus autores y/o editores. Por tanto, cualquier acto de reproducción, distribución, comunicación pública y/o transformación total o parcial requiere el consentimiento expreso y escrito de aquéllos. Cualquier enlace al texto completo de estos documentos deberá hacerse a través de la URL oficial de éstos en Dialnet. Más información: http://dialnet.unirioja.es/info/derechosOAI | INTELLECTUAL PROPERTY RIGHTS STATEMENT: Full text documents hosted by Dialnet are protected by copyright and/or related rights. This digital object is accessible without charge, but its use is subject to the licensing conditions set by its authors or editors. Unless expressly stated otherwise in the licensing conditions, you are free to linking, browsing, printing and making a copy for your own personal purposes. All other acts of reproduction and communication to the public are subject to the licensing conditions expressed by editors and authors and require consent from them. Any link to this document should be made using its official URL in Dialnet. More info: http://dialnet.unirioja.es/info/derechosOAI
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European journal of international law = Journal europeen de droit international, ISSN 0938-5428, Vol. 24, Nº 2, 2013, pags. 503-532
language
English
description
Among the WTO Agreements, the SPS Agreement provides for the strictest rules on domestic regulatory measures. Governments adopting measures to protect human, animal, and plant life and health have to comply with a plethora of obligations, exceeding the disciplines contained in the GATT and the TBT. Except for cases where scientific evidence is not available, they have to base regulatory measures on a scientific risk assessment, be it their own or one conducted by a third party. Given, on the one hand, the sensitivity of health and environmental concerns and, on the other, the constraints the treaty imposes on governments' ability to address them, the SPS Agreement has been widely criticized for undermining democratic self-government and also for introducing elements of "post-discrimination" into the world trade order. This article delves into the question whether the criticism is justified. To that end, it examines the purpose of the SPS Agreement on the basis of economic theory and the negotiating history. It shows that much of the criticism is exaggerated and that the SPS Agreement serves, as does every other WTO Agreement (except for the TRIPs), a single purpose: the preservation of market access commitments. This insight has wider implications, as it suggests that the "correct" application of the SPS should in fact lead neither to an (improper) impediment to democracy nor to a "post- discriminatory" trade regime.
format
Article
author
Rigod, Boris
spellingShingle
Rigod, Boris
The purpose of the WTO agreement on the application of sanitary and phytosanitary measures (SPS)
author-letter
Rigod, Boris
title
The purpose of the WTO agreement on the application of sanitary and phytosanitary measures (SPS)
title_short
The purpose of the WTO agreement on the application of sanitary and phytosanitary measures (SPS)
title_full
The purpose of the WTO agreement on the application of sanitary and phytosanitary measures (SPS)
title_fullStr
The purpose of the WTO agreement on the application of sanitary and phytosanitary measures (SPS)
title_full_unstemmed
The purpose of the WTO agreement on the application of sanitary and phytosanitary measures (SPS)
title_sort
purpose of the wto agreement on the application of sanitary and phytosanitary measures (sps)
publisher
Oxford University Press
publishDate
2013
url
http://dialnet.unirioja.es/servlet/oaiart?codigo=4312107
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11.783695