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 andEnvironmental Risks under the WTO
Law examinesthe 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.
General
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