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Selected Works

Lukasz A Gruszczynski

2011

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Full-Text Articles in Law

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 …