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Northwestern Pritzker School of Law

Journal

2011

Agreement on Sanitary and Phytosanitary Measures; World Trade Organization; trade-restrictive measures

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Full-Text Articles in Law

Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman Jan 2011

Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman

Northwestern Journal of International Law & Business

The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) represents an effort by the Members of the World Trade Organization (WTO) to balance competing interests in liberalizing trade, on one hand, and protecting human, animal, and plant life from risks posed by the free flow of goods on the other. SPS disputes center around a core question: Does the imported product at issue present a sufficiently serious threat to national health to warrant the imposition of trade-restrictive measures? Over twelve years and six disputes, panels and the Appellate Body (AB) have addressed this question by evaluating respondents' risk assessments. The …