The WTO Agreement on Sanitary and Phytosanitary Measures: A Commentary, Edition 2
Jul 2023 · Oxford University Press
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368
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About this ebook
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).
About the author
Lukasz Gruszczynski is an associate professor (Dr. habil.) of international law and head of the Department of International and EU Law at Kozminski University (Poland). He is also a research fellow at the CSS Institute for Legal Studies (Hungary). Lukasz holds a Ph.D. from the European University Institute. In the past, he was a visiting researcher at the University of Michigan, Lauterpacht Centre for International Law, Pazmany University, and an intern at the WTO Legal Affairs Division. His scientific portfolio comprises of several monographs and edited volumes, including two books with OUP. Lukasz specializes in WTO law and global health law. Joanne Scott is Professor of European Law and Head of the Department of Law at the European University Institute. Joanne taught previously at the Universities of Kent, Queen Mary, Cambridge and UCL and has been a visiting professor at Columbia and Harvard Law Schools. She was a Jean Monnet Fellow at the EUI in 1997/98. Joanne was elected as a Fellow of the British Academy in 2013 and as a Fellow of the Royal Society of Edinburgh in 2012. She is a leading authority in the field of international and European environmental law, as well as the EU governance and its external relations.
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