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Regulating Health and Environmental Risks under WTO LawA Critical Analysis of the SPS Agreement$
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Lukasz Gruszczynski

Print publication date: 2010

Print ISBN-13: 9780199578924

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199578924.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 27 January 2022

The SPS Agreements within the WTO System

The SPS Agreements within the WTO System

(p.35) 2 The SPS Agreements within the WTO System
Regulating Health and Environmental Risks under WTO Law

Lukasz Gruszczynski

Oxford University Press

This chapter starts with a brief overview of the disciplines established by the SPS Agreement, including procedural issues such as allocation of burden of proof between the parties to the SPS dispute and the standard of review applicable to the examination of national factual determinations. The second part examines two preliminary matters: the applicability of the SPS Agreement and its relationship to GATT 1994 and the TBT Agreement. Although the chapter identifies some deficiencies of the current case law, such as the lack of overall interpretative consistency, it notes that part of the criticism relating to the broad applicability of the SPS Agreement is premature. A separate section is dedicated to measures that serve multiple objectives and those which on their face appear to be TBT regulations, but in fact were adopted due to SPS concerns. The chapter concludes that in both cases, the SPS jurisprudence succeeded in adopting an approach that provides a workable mechanism.

Keywords:   WTO rules, GATT, genetically modified organism, GMO, multiple-purpose measure, SPS Agreement, standard of review, TBT Agreement

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