The 1995 WTO Agreement on Sanitary and Phytosanitary Measures (SPS)
is concerned with trade and food safety regulation, and with the
regulation of pests and diseases in agriculture. It establishes
legal standards while affirming the right of each member to choose
its own level of SPS protection. However, the question of whether
the balance has been properly struck remains a matter of ongoing
debate. The Commentary provides a detailed update of the first
edition authored by Joanne Scott in 2007. It reflects 15 years of
change in SPS case law and practice. It critically examines current
issues such as use of experts in the dispute settlement process,
applicable standard of review, or legal treatment of private
standards in food safety. Moreover, the Commentary assesses the
suitability of the current regime to address the existing needs of
developing countries The commentary also examines how science-based
criteria and the traditional GATT standards (non-discrimination and
least-trade-restrictive means) are used to discipline national SPS
measures. It explores the transparency obligations and procedural
rules that govern control, inspection, and approval processes in
importing countries. A separate section is dedicated to the
operation of the SPS Committee as an arena for transnational
governance in the SPS field. The book also investigates the
agreement's attempt to establish a framework to draw together the
diverse institutions and regulatory regimes already populating the
food safety arena. Two new chapters are also included: one
reviewing Article 5.7 SPS in greater detail, and one dealing with
the SPS rules in selected regional trade agreements (the CETA,
EU-Japan EPA, USMCA, RCEP, and CPTPP).
General
Imprint: |
Oxford UniversityPress
|
Country of origin: |
United Kingdom |
Series: |
Oxford Commentaries on International Law |
Release date: |
August 2023 |
Authors: |
Lukasz Gruszczynski
|
Dimensions: |
246 x 171mm (L x W) |
Pages: |
384 |
Edition: |
2nd Revised edition |
ISBN-13: |
978-0-19-284519-1 |
Categories: |
Books
|
LSN: |
0-19-284519-5 |
Barcode: |
9780192845191 |
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