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Health Protection At The World Trade Organization: The J-Value As A Universal Standard For Reasonableness Of Regulatory Precautions, David Collins
Health Protection At The World Trade Organization: The J-Value As A Universal Standard For Reasonableness Of Regulatory Precautions, David Collins
David Collins
Article XXb of the General Agreement on Tariffs and Trade (GATT) and the Sanitary and Phytosanitary (SPS) Agreement prohibit health safety measures which are unreasonable restrictions on trade, which WTO case law has shown to mean not based upon sound scientific principles or international consensus. However the existing difficulty in ensuring uniformity in these criteria as implemented by the WTO Dispute Settlement Body (DSB) necessitates resort to a universal scale for assessing the legitimacy of health and safety precautions by reference to an objective cost benefit analysis. This paper attempts to apply the J-Value scale, developed in the United Kingdom …