This book brings a fresh perspective on the emerging field of
international food law with the first detailed analysis of the
process and implications of domestic compliance with the World
Trade Organisation (WTO) Sanitary and Phytosanitary (SPS)
Agreement. It investigates the influence of WTO disciplines on the
domestic policy-making process and examines the extent to which
international trade law determines European Union (EU) food
regulations.
Following controversial WTO rulings on genetically-modified
foods and growth hormones in beef, awareness and criticism of
global rules governing food has grown considerably. Yet the real
impact of this international legal meta-framework on domestic
regulations has remained obscure to practitioners and largely
unexplored by legal commentators. This book examines the emergence
of transnational governance practices set in motion by the SPS
Agreement and their role in facilitating agricultural trade. In so
doing, it complements and challenges conventional accounts of the
SPS regime dominated by analysis of WTO disputes.
It reviews legal commentary of the SPS Agreement to understand
why WTO rules are so commonly characterised as a significant threat
to domestic food policy preferences. It then takes on these
assumptions through an in-depth review of food policies and
decision-making practices in the EU, revealing both the potential
and limits of WTO law to shape EU policies. It finally examines two
important venues for the generation of global food norms - the WTO
SPS Committee and Codex Alimentarius - to evaluate the practice and
significance of transnational governance in this domain. Through
detailed case studies including novel foods, food additives,
vitamin and mineral supplements and transparency and equivalence
procedures, this book provides a richer account of compliance and
exposes the subtle, but important influence of WTO obligations.
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