Law Commons^™

The Globalization Of Health And Safety Standards: Delegation Of Regulatory Authority In The Sps Agreement Of The 1994 Agreement Establishing The World Trade Organization, Tim Buthe

Law and Contemporary Problems

Buthe examines why states delegated regulatory authority in the Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures, an integral part of the founding treaty of the World Trade Organization (WTO). Buthe argues that, to explain this case of international delegation, principal-agent theory must be complemented by an analysis of cost-benefit calculations of the relevant domestic interest groups. Given these domestic interests, governments decided to institutionalize international cooperation on SPS measures outside of the WTO because they believed that such delegation would minimize the political costs of the loss of policymaking autonomy. Buthe notes, however, that in retrospect it …