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International Trade Law

Lukasz A Gruszczynski

2011

International Trade

Articles 1 - 2 of 2

Full-Text Articles in Law

United States - Certain Measures Affecting Imports Of Poultry From China. Just Another Sps Case?, Lukasz A. Gruszczynski Jan 2011

United States - Certain Measures Affecting Imports Of Poultry From China. Just Another Sps Case?, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) may apply to budgetary measures if they are motivated by SPS concerns. Equivalence-based measures are subject to the regular disciplines of the SPS Agreement, including but not limited to Article 4 SPS. This means that WTO Members, when engaging in the recognition process, need to observe other SPS provisions such as the requirement of a scientific risk assessment (Articles 5.1-5.3) or the quasi-consistency obligation of Article 5.5. A measure which has been found inconsistent with certain provisions of the SPS Agreement (e.g. Articles 2 and 5) cannot be …


How Deep Should We Go? Searching For An Appropriate Standard Of Review In Sps Cases, Lukasz A. Gruszczynski Dec 2010

How Deep Should We Go? Searching For An Appropriate Standard Of Review In Sps Cases, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Although the applicable standard of review under Articles 2.2/5.1 of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is not de novo, investigation by WTO panels is nevertheless quite intrusive in terms of objectivity and coherence of risk assessment. Moreover, the panel’s review does not end with the final conclusion reached by the WTO Member in its risk assessment; it also extends to the quality of the reasoning employed and the intermediate interferences that led to the conclusion. If a WTO Member relies on expert judgment in its risk assessment, this needs to be sufficiently transparent …