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The Role Of Science In Risk Regulation Under The Sps Agreement, Lukasz A. Gruszczynski
The Role Of Science In Risk Regulation Under The Sps Agreement, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This paper attempts to present a comprehensive and coherent picture of the role performed by science under the Sanitary and Phytosanitary Measures (SPS) Agreement and SPS case law. It argues that the approach adopted by the Appellate Body is predominantly based on a technical paradigm, supplemented, however, with some considerations arising from other paradigms. The paper argues that the approach adopted in the case law is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas which lack coherence, as certain standards seem to violate the right of the …
Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski
Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This article attempts to present a comprehensive and coherent picture of the position occupied by science under the SPS Agreement and in the SPS case law. It claims that the approach adopted by the Appellate Body reflects the explicit language of the SPS Agreement and is predominantly based on a technical paradigm. In consequence, science plays a critical role in distinguishing between legal and illegal SPS measures. The article argues that such an approach is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas, which lack coherence, as …
Anti-Dumping Sunset Reviews: The Uneven Reach Of Wto Disciplines, Bolormaa Tumurchudur, Olivier Cadot, Jaime De Melo
Anti-Dumping Sunset Reviews: The Uneven Reach Of Wto Disciplines, Bolormaa Tumurchudur, Olivier Cadot, Jaime De Melo
Olivier Cadot
The paper uses a new database on Anti-Dumping measures worldwide to assess whether the 1995 Uruguay Round Agreement on AD sunset reviews had any effect. Estimates from a count of revocations for a panel of AD-using countries over 1979-2005 show that a five-year cycle is more apparent after the WTO agreement than before, with the marginal propensity to revoke AD measures at five years jumping from 0-2% to 45%. A survival analysis of AD measures confirms that those covered by the agreement stick on average for shorter periods, and a semi-parametric difference-in-difference approach confirms a strong de-jure component to the …