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