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International Trade Law

Selected Works

2011

GATT

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 …

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Trade And Sustainable Development, Padideh Ala'i Dec 2010

Trade And Sustainable Development, Padideh Ala'i

Padideh Ala'i

The creation of the WTO in 1995 has brought GATT Article X (and other procedural provisions) and Article XX to the forefront of WTO jurisprudence. The provisions of the WTO Agreements reflect the reality of the administrative state and with it the recognition that categories of regulation (such as sanitary and phyto-sanitary regulations or technical regulations or standards) are legitimate irrespective of their impact on trade. The focus of WTO panels and the Appellate Body has shifted from harmonization and mutual recognition to transparency in application and administration. It has also required the WTO dispute settlement mechanism to engaged in …

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